Criminal Versus Civil Justice O J Simpson

O.J. Simpson Trials: Criminal vs. Civil

One of the most confusing aspects of the OJ Simpson saga for laypersons was that Simpson was apparently tried twice for his crimes, despite the protection against 'double jeopardy' or being retried for the same offense. In the American justice system, once a defendant is tried for murder, even if new evidence is discovered against him or her, there can be no retrial for the same crime (Grubbs 2016). The distinction is that Simpson was first tried in criminal court and was found guilty but was then tried in civil court in a suit brought by the family of the victims of the crimes, who demanded financial restitution for the wrongful death of Nicole Brown Simpson and Ron Goldman (Grubbs 2016). The burden of proof in civil court is far less onerous than in criminal court, given that defendants can only be penalized with fines, not with having to give up their liberty. The burden of proof in civil court is merely the preponderance of the evidence versus beyond a reasonable doubt as in criminal court. "According to Cornell University Law School, that 'preponderance of evidence' means that at least '50% of the evidence points to something,' rather than requiring a unanimous decision. (Grubbs 2016).

Criminal cases are considered crimes against society and are thereby tried by representatives of the state in the form of a prosecutor. There are also certain protections accorded to all individuals subject to criminal prosecution, such as being entitled to an attorney and to be tried by a jury of his or her peers. In contrast, in a civil case, the defendant does not have a right to legal representation; he or she must pay for the attorney him or herself ("The differences between a criminal case and a civil case," 2016). The specific charge brought up against O.J. Simpson through the civil system of justice was that of a wrongful death. In contrast to a charge brought up by the state, "a suit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil 'wrongful death statute,' or set of statutes, which establish the procedures for bringing wrongful death actions" ("Wrongful death overview," 2016). In Simpson's instance, the families of the deceased brought the charges against the disgraced former football star. "Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative" ("Wrongful death overview," 2016).

Also in contrast to the charge of murder which demands deliberate premeditation, the reasons behind a wrongful death suit can be rooted in charges of negligence (such as in medical malpractice or occupational exposure) or be rooted in the financial need of the surviving family members of the deceased after a wrongful death deprived them of their means of support ("Wrongful death overview," 2016; Grubbs 2016). A wrongful death charge merely means that "[the defendant's] intentional and unlawful conduct resulted in the victims' deaths" (Grubbs 2016). In a civil case the financial 'worth' of the deceased in monetary terms is assessed versus simply proving the guilt or innocence of the accused. The defendant in a civil case can only be penalized in financial terms. In a wrongful death case, "the age, character and condition of the decedent, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances" will determine the award ("Wrongful death overview," 2016).