Sunday, January 17, 2010

How come double Jeopardy doesn't apply to civil cases?

If somebody is found not guilty in a legal case they cannot be tried again in a criminal court because of double jeopardy. So how come they can then be tried in a civil court?





For example, OJ Simpson was found not guilt of murder by the criminal court, but was still able to be tried a second time in a civil court? Double jeopardy didn't apply to the case because of the civil/criminal divide.How come double Jeopardy doesn't apply to civil cases?
Civil cases hold different merit than criminal cases, allowing somebody to be tried twice. One court is infront of a jury, the other just a judge. The expression sued comes into play for civil cases while charged comes into play for criminal court. Plus in civil court hewas sued for the wrongful deaths of the victims, for which the judge found in favor of the plaintif, he wasnt charged with murder. Double Jeopardy does apply to civil court, he cannot be SUED twice for the same incident, just like in criminal court he cant be charged with the same crime twice. Thats how that can happenHow come double Jeopardy doesn't apply to civil cases?
Criminal courts are separate from civil courts.





As everyone knows, you can be found not guilty in a criminal court and found liable in a civil court.





You can be found liable in a civil court without even being charged in a criminal court.





The double jeopardy sanction has to do with being tried twice for the same crime by the same court in the same state. If you fired a bullet from NY into NJ and killed someone, both states can try you for murder. Different courts in different states.
A civil case theoretically doesn't result in punishment. Just an even exchange by payment for damages done. There is no prison sentence and no fine. The double jeopardy clause refers to the ';same offense.'; An offense refers to a crime, not to a tort.
OJ Simpson was tried for murder the first time. The second time, he was tried for violating their right to live. So I guess it's technically two different things.

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