What has the American system of justice has changed incredibly in recent decades? The answer could determine a very complex problem.
If these amendments by a growing number of lawyers who have come to the market? Is it because the burden of proof is so undeniably different in the two courts? Or it could be because the capitalist system we live in is so dependent on money that we as a society should determine guilt and have a sum of money for them?
Reading fiction and television cable network and contributed to my thinking process. The American public and the media fixated on murder and death. If you and the vast majority of Americans who are like me then you have probably not been through assassinations and shootouts and street killings, when at the head of enforcement and the need to work on scenes of crime on a daily basis.
A couple of articles in the last ten or twelve, which drew national attention and began to think, my mind in motion. Both occurred in the region of Southern California. They were the trials of OJ Simpson and Robert Blake.
In any case, were the above parties were acquitted on the charges levied against him. Every murder escaped prosecution in the criminal part of the law. But in the civilian side of the right of everyone for the actions that contributed to the death of the victim responsible. Any dollar amount in a civil court for those two people pay the families of the victims determined. When you stop to think about how strange it is?
This happened because the burden of proof very different in the two courts. In the criminal part of the burden of proof is so extraordinarily difficult to prove without a shadow of doubt. Because we have people outside the law through the streets of our society because they are lawyers who are experts in the implementation will be the seed of doubt in the minds of the jurors have. Only one juror, and in some cases two, you can hang a jury or acquittal force. On the civilian side, only a simple majority, or in some cases, two thirds of the jurors may be monetary damages, to determine the defendant to pay.
Take a second and the two sides of the law and put the differences in simple terms. It has committed a crime or action is taken. In a criminal court that the government’s case against the accused to handle it. In a civil court are two individuals. In deciding a criminal case, the court must, whether the defendant has violated a law against society as a whole. In deciding a civil case the court must determine whether a person has caused damage to the other.
To continue the example, the sentence in a criminal court with a sentence or some form of rehabilitation. In civil court the remedy is monetary compensation for the loss he had suffered. To achieve this, the prosecution must prove beyond reasonable doubt before a criminal court that the defendant committed the crime. In civil court plaintiff must prove only that the preponderance of the evidence supports the allegation.
This offers an explanation why the results both in the case of OJ Simpson and Robert Blake case, led two apparently different conclusions. In both cases, prosecutors no doubt that was not the government that the defendant committed the crimes. However, in a civil court lawyers for the plaintiffs were able to show by a preponderance of the evidence that the accused caused the death of the victims. Therefore, the court awarded damages by the defendant, the families of the victims are paid.
The crimes of murder and the environment in which crime in our society is an example of how the two courts is different from work. But we will see a different crime that occurs in our society. Let’s see, a case of fraud. This could be explained as a subtle crime, commonly known as white-collar crime. It is so different from murder or bank robbery.
In a criminal court of a crime such as fraud is also proving very difficult for prosecutors. Moreover, the crime would have to be against the government before they were even indicted. And while the preponderance of the evidence in the theory works in a civilian court, it is so hard for a guy who will come there with the necessary resources to establish that a fraud occurred cheated.
In this scenario, the party is deceived, it was likely that should the financial cleaning will be paid with the money to a legal team. In all likelihood, it must also fund a team of detectives. Meanwhile, the person who committed the fraudulent act has the financial benefits of the fraudulent activity has been successfully deter efforts to collect damages. In this set of circumstances, the deck stacked against the plaintiff and the filing of a complaint against a defendant.
Take a step further. Pick up a fun book, “Life Loser by James Ross in relation to this concept with the title and see how it affects the game of golf … specifically the nickname of “gentleman’s game.” It’s two separate courts and the crime of fraud.
The book can also serve as a warning that there are other crimes in our society, which should have as much or more to the attention than just the act of murder. Fraud and economic crime can ruin lives just as easy. One aspect of the history looks back on a journey through the signs of civil justice and the barriers will. You can see how the preponderance of the evidence collected by the plaintiff may be difficult to bear, too. In many ways, can be so complex in a civil court as the burden of proof for a prosecutor in a criminal court.
