Evaluating the civil and criminal law

Reference no: EM1333091

Damian M. was charged with the murder of his wife, Sharon. After a lengthy trial in criminal court, he was acquitted by a jury of his wife's murder. Sharon's parents were convinced that Damian killed their daughter, and so they then brought a civil case against Damian for the wrongful death of their daughter. The jury in the civil case determined that Damian was responsible for the death of Sharon.

As a training exercise, you are asked to provide an analysis of how both a civil and criminal case could be brought against Damian for the death of his wife. Discuss possible explanations for the different outcomes in the cases - that one jury found that he had killed Sharon and the other did not. In your discussion, you need to address the following issues:

a) Explain the differences between civil and criminal law, such as standard of proof, who brings the case, and the basic possible punishments/repercussions for the defendant who loses the case.

b) How might the different standards of proof contribute to different outcomes (finding that Damian did or didn't kill Sharon) in the cases?

Reference no: EM1333091

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