Substantive Law Study Support

DISCUSSION QUESTIONS, page 7

1. In 1995, a jury found former star football player found O.J. Simpson not guilty of the murders of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman, yet a civil jury found him liable for the victims’ wrongful deaths and entered a large monetary verdict against him. The essential facts were the same in the civil and criminal cases of O.J. Simpson. How can the inconsistent outcomes be reconciled?

RESPONSE: The outcomes can be reconciled because the standard of proof in each case was different. In a criminal case the prosecution must prove guilt “beyond a reasonable doubt” and in a civil trial the Plaintiff only has to prove the defendant caused harm by a “preponderance of the evidence.” The civil case requires a lower threshold of proof.

2. Although the criminal law is designed to protect the interests of the community at large, can a successful criminal prosecution further the interests of a private individual? If so, how?

RESPONSE: Yes. A negotiated resolution of a criminal case will occasionally contain some provisions for restitution. Although fines are paid to the government, the court will remit the defendant’s restitution payments to the victim

3. Sometimes, large monetary awards of punitive damages are imposed against wrongdoers in civil cases who act recklessly or in conscious disregard of the safety of other people. How are civil claims for punitive damages similar to criminal prosecutions? How are they different? Should a criminal offender be subject to suit for punitive damages if he was already prosecuted for the crime-giving rise to the civil suit?

RESPONSE: Both civil claims for punitive damages and criminal cases are brought, in part, to punish the defendant for wrongful conduct. These cases differ in a number of ways: First, in a civil case the victim brings the suit, while in a criminal case the government pursues the case on behalf of the public at large. Second, in criminal cases the victims participate as witnesses for the prosecution and in civil cases, they testify on their own behalf. Third, the plaintiff receives the punitive award in a civil case, whereas the government retains the monetary punishment (fines, costs, and assessments) imposed in a criminal case. Arguments can be made on both sides as to whether a criminal offender should be subject to suit for punitive damages if he was already prosecuted for the crime-giving rise to the civil suit.