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Sheepshank

(12,504 posts)
Mon Jul 15, 2013, 10:52 AM Jul 2013

Is there a reason Z couldn't have been sued civilly first?

Plenty of people are taken to civil court and never go to criminal court. Is there a legal presidence that precludes a criminal trial from occuring after a civil trial?

The reason I ask is on another thread it appears that a defendant can be required to testify in civil court. There may have been some interesting statements that would have been made under oath.

7 replies = new reply since forum marked as read
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hack89

(39,171 posts)
1. The outcry for the state of Florida to prosecute was too great to be ignored.
Mon Jul 15, 2013, 10:59 AM
Jul 2013

Civil suits take years - there is no right to a speedy trial in civil suits.

Blue_Tires

(55,445 posts)
6. Well, to be fair, Florida was clearly going to suppress the whole thing
Mon Jul 15, 2013, 12:40 PM
Jul 2013

until the national media came to town and started asking why...

The case might have had a different outcome if the cops played it straight from the first hour instead of treating it as just another random dead negro in the streets...

 

NYC_SKP

(68,644 posts)
2. I don't know but it makes sense that it should come later.
Mon Jul 15, 2013, 11:00 AM
Jul 2013

Requirement to testify in civil, if there is such a requirement, would unfairly impact the integrity of the criminal trial, which should therefore come first.

madaboutharry

(40,222 posts)
3. It would violate his 5th Amendment right
Mon Jul 15, 2013, 11:50 AM
Jul 2013

against self-incrimination. Any testimony in a Civil trial would be available as evidence, and in a Civil trial he would be subpoenaed for depositions and compelled to testify.

1-Old-Man

(2,667 posts)
4. I'd like to thank responders number 2 and 3 for their thoughts and explanation
Mon Jul 15, 2013, 12:35 PM
Jul 2013

Really, thank you. I didn't know that was why the civil actions need to follow any criminal trial that might take place but as you've explained it it now makes perfect sense. I've learned something today, and that is always welcome. So thank you again, both of you.

 

markiv

(1,489 posts)
7. a civil suit is helped by a guilty criminal verdict, more than it is harmed by a not guilty
Mon Jul 15, 2013, 12:41 PM
Jul 2013

with a guilty, the civil suit is slam dunk

but even with a not guilty, the standard of evidence is 'preponderance of the evidence' which is lower than the criminal standard of 'beyond reasonable doubt'. so a not guilty doesnt sink a civil case

probability favors waiting for thee criminal case

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