Basic Law
Civil vs. Criminal

 

 

   Bill Snodgrass, a mortgage loan banker, is arrested for vehicular manslaughter.  It turns out he is a closet alcoholic.  One night he killed the father of 3 children in a drunken stupor, losing control of his car.  First he comes up for trial on vehicular manslaughter, a crime.  He will eventually come up for trial on wrongful death as well, a lawsuit brought by the widow for herself and as guardian for the three children. Bill sustained minor injuries in the crash.  He was covered by insurance at the time of the collision.

 

The Criminal Proceeding in Vehicular Manslaughter The Civil Proceeding for Wrongful Death
  Snodgrass is arrested, arraigned, bail is posted, preliminary hearing scheduled. Police read him his rights (Miranda warnings) while arresting him. Because of a criminal defendant's right to a speedy trial, Snodgrass's trial will begin within a few months.

  There is no arrest, no Miranda warnings.  Snodgrass is served the lawsuit by certified mail.  He informs his insurance company which takes over defending the case since it will be the one paying the verdict up to the limits of the policy.  Fortunately, Snodgrass carried a lot of car insurance. Because there is no speedy trial protection in civil law, this civil suit gets behind the other civil suits on the docket.  It will thus be at least two to three years before the widow's wrongful death case comes up for trial.

   Although Snodgrass is eligible for a free public defender lawyer, he does not want one.  He is terrified of going to prison and is willing to spend every last cent of his on the best criminal lawyer in the city.

 

  The insurance company hires a top litigator at a major firm to defend Snodgrass.  This is good because Snodgrass has no right to a free lawyer as he does in the criminal system.

 

 

  The criminal lawyer is glad that Snodgrass cannot be forced to take the witness stand via his constituitional rights.  Snodgrass will make a horrible witness plus there's not even any guarantee he'll make it to the witness stand in a sober state!

 

 

   The civil lawyer discovers that Snodgrass will make a terrible witness because he runs at the mouth, speaking before he thinks.  Besides, she thinks he's half drunk most of the time.  Unfortunately, Snodgrass can be compelled by plaintiff's lawyer to take the witness stand and testify in a civil case.

 

 

  Snodgrass is entitled to a jury of 12 who must be unanimous in their verdict.

  The plaintiff widow will ask for a jury trial whereas Snodgrass's insurance company would rather not have one.  A civil jury can be less than 12 and needn't be unanimous.

 

  The jury uses the reasonable doubt standard of proof which gives a huge benefit of the doubt to the defendant.  The scales of justice are radically skewed in the defendant's favor.

The jury uses the preponderance of the evidence standard of proof which gives only a slight benefit of the doubt to the defendant.  Plaintiff widow must only prove that her version of the case is more likely than not to be the correct one.  

 

   Snodgrass's lawyer plea bargains the case with the county prosecutor wherein Snodgrass pleas guilty to a felony but serves no prison time.  Instead he is put on probation, goes into rehab and must perform 500 hours of community service.  Snodgrass also gives up his driver's license. Thus, the case never goes to trial and before a jury. Plea Bargains occur in 90+% of all criminal cases.

 

 

  The insurance company's litigator settles the case for several million dollars.  Thus, the case never goes to trial and before a jury. Settlement occurs in 90+% of all civil cases.

 

 

 

Note: Being tried once in the civil system and once in the criminal system is not double jeopardy.  Double Jeopardy only pertains to being tried in the criminal system for the same crime more than once.  That is unconstitutional.

 

 

 

2nd Version