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Standard of Proof

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Damian M. was charged with the murder of his wife, Sharon. After a lengthy trial in criminal court, he was acquitted by a jury of his wife's murder. Sharon's parents were convinced that Damian killed their daughter, and so they then brought a civil case against Damian for the wrongful death of their daughter. The jury in the civil case determined that Damian was responsible for the death of Sharon.

As a training exercise, you are asked to provide an analysis of how both a civil and criminal case could be brought against Damian for the death of his wife. Discuss possible explanations for the different outcomes in the cases - that one jury found that he had killed Sharon and the other did not. In your discussion, you need to address the following issues:

Explain the differences between civil and criminal law, such as standard of proof, who brings the case, and the basic possible punishments/repercussions for the defendant who loses the case.
How might the different standards of proof contribute to different outcomes (finding that Damian did or didn't commit kill Sharon) in the cases?

please identified and explain the two standards of proof or how the two different standards might have contributed to the different outcomes in the two cases.

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Solution Summary

Damian M. was charged with the murder of his wife, Sharon. After a lengthy trial in criminal court, he was acquitted by a jury of his wife's murder. Sharon's parents were convinced that Damian killed their daughter, and so they then brought a civil case against Damian for the wrongful death of their daughter. The jury in the civil case determined that Damian was responsible for the death of Sharon.

As a training exercise, you are asked to provide an analysis of how both a civil and criminal case could be brought against Damian for the death of his wife. Discuss possible explanations for the different outcomes in the cases - that one jury found that he had killed Sharon and the other did not. In your discussion, you need to address the following issues:

Explain the differences between civil and criminal law, such as standard of proof, who brings the case, and the basic possible punishments/repercussions for the defendant who loses the case.
How might the different standards of proof contribute to different outcomes (finding that Damian did or didn't commit kill Sharon) in the cases?

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Dear student:

As OTAs, we can assist in helping you understand the issues, provide examples and reference links to expand your knowledge on the subject. In this case, I address criminal law, civil law, the penalities and the burdens of proof for each form of the law. I also provide an excellent reference source to asisst you in your studies.

Thank you.

This case is a mirror image of the OJ Simpson case where he was found not guilty in a criminal court and guilty in a civil court.

How can this happen? In a ...

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