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Criminal trial, I won, civil trial I lost.

Saint Paul, MN |

If the "other side" used materials from the criminal trial to find me guilty in the civil trial isn't that against my 5th amendment right against double indemnity? This was a domestic assault case, which I believe is very biased against men. I think it obvious but no one wants to touch it. Why is this such a scared cow???

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Attorney answers 3


Unfortunately, your legal analysis is incorrect. Evidence used against you in a criminal trial can be used against you in a civil case. The right, which I suspect you are speaking of double jeopardy, would not apply in this case. In addition, since the burden of proof is different, the defendant/respondent can lose the exact same case in a civil trial that they won in a criminal trial.

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Double jeopardy only applies to two criminal trials for the same charges; it does not prevent a person from being sued as a civil matter. If you remember the O.J. Simpson trial where he was found not guilty of murder in the criminal trial and liable for the deaths of his w3ife in the civil trial. Like your case the same evidence would be used at both trials. The proof for a verdict is less in a civil trial than it is in a criminal trial; therefore, you may be liable in a civil trial although you were found to not be guilty in a criminal trial.

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The fact that evidence was used by the prosection in a criminal case at trial, alone, would not bar the plaintiff in a civil trial from using the same evidence. Personally I tend to agree that there is strong gender bias against men in the laws and courts, reflecting the same bias in the culture as a whole - but that currently seems to be a political question without a legal remedy currently.

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