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To: who_would_fardels_bear

Huh? Wrongful death causes of action have always been available. It’s not a matter of unanimity of the jury; it’s the standard of proof. Criminal cases are beyond a Reasonable doubt and civil are preponderance of the evidence. And double jeopardy is defined in the Constitution: it’s being tried twice for the same crime. Civil actions are not criminal actions. I think OJ did it beyond a reasonable doubt, but it can’t be reasonably asserted that the killing could be shown by the preponderance of the evidence as as to support a civil judgment


35 posted on 04/15/2024 11:48:18 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: j.havenfarm
I realize that, but I disagree.

A civil case that is basically retrying a criminal case SHOULD be considered double jeopardy.

It is an injustice to my mind that it currently is not. It is a further injustice that someone can be tried for a violation of civil rights tenuously associated with a crime of which they were found innocent.

The justice system isn't just.

44 posted on 04/15/2024 12:46:36 PM PDT by who_would_fardels_bear (Kafka was an optimist.)
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