Tuesday, June 11, 2019

Why was OJ Simpson found not guilty in the criminal proceedings, and Essay

Why was OJ Simpson found not guilty in the criminal proceedings, and found liable in the well-mannered proceedings - Essay Exampley considered to acquire been poorly administered by the presiding judge (Lance Ito), and despite the introduction of considerable forensic and circumstantial evidence pointing to the suspects guilt, Simpson was acquitted in October 1995. However, in the civil trial alleging wrongful death and concluded in February 1997, the verdict was otherwise. This disparity in results has raised a number of questions concerning such matters as actual guilt, double jeopardy, and the like.In criminal litigation, the lode of proof is on the state. The state or prosecution must prove that the suspect is guilty. The defendant is assumed to be innocent and therefore the defendant needs to prove nothing Furthermore, in criminal litigation, the state must prove that the defendant fulfil each element of the statutory definition of the crime, and the defendants participatio n, beyond a reasonable doubt Standler, 2002. Conversely, in civil litigation, while the initial burden of proof, as in criminal cases, falls to the plaintiff (paralleling the prosecution in a criminal proceeding), when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiffs evidence Standler, 2002. Equally important, in civil proceedings the requirement that the jury be convinced beyond a reasonable doubt is replaced by a jurys collective satisfaction that the preponderance of evidence points to the defendants guilt or negligence.In California, no one may be convicted in a jury trial criminal proceeding (vice trial by presiding judge alone), overleap in those instances when the jury is unanimously agreed on the defendants guilt. Conversely, in civil proceedings, the plaintiff prevails if nine or more of the twelve jurors take for in the defendants guilt or negligence. Since no formal punishment attaches to conviction in a civ il proceedings, matters at issue that have been resolved in

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