Question
In 1994, O.J. Simpson, former college and NFL superstar and,
at the
time, actor and celebrity, was charged with the murder of his
ex-wife and
her friend, Ronald Godman. It was among the most famous and
notorious criminal trials of the 20th Century. In 1995, a Los
Angeles jury
found Mr. Simpson to be not guilty in the criminal case. In
1997, the
parents of Ron Goldman won a civil suit for damages against
Mr.
Simpson based on the same events, facts etc. The Goldmans
obtained a
large judgment against Mr. Simpson.
This handout is about burden of proof and the standard of
burden of
proof. It wonders, how can it be that Mr. Simpson is found
not guilty in
the criminal case and then liable in the civil case. To
answer this
question, you must understand the interrelationship between
the standard
of burden of proof in criminal and civil cases. Please answer
these
questions. [Note: Just do your best on these. Neither the
slides nor the
notes provide absolute answers.]
1. What is burden of proof?
2. What is the “standard of burden of proof” for criminal and
for civil
cases?
3. If Mr. Simpson had been found guilty in the criminal case,
how
might this have affected the civil case?
4. Given that Mr. Simpson was found not guilty, how is it
that
plaintiffs could still file a civil action against him
later?
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