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Originally Posted by Prudence
I'm sort of torn. On the one hand, it seems like double-dipping. On the other hand, this is one of the quirks of our system. If the prosecution thinks someone's guilty and can't get them on the "real" charge, they go for plan B: tax fraud, perjury, liability.
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That's how they got Capone (and many organized crime types), but this example (and OJ) is different - this is individuals pressing liability charges.
Legal eagles here can give the facts, but if I recall correctly, the burden of proof is much different in a civil trial than it is in criminal trial. To win a civil trial, one only needs to have a preponderance of evidence (eg; more than 50%) whereas in a criminal trial, the prosecution needs to prove beyond a reasonable doubt. Taking it a step further, to get awarded punitive damages, one needs to show "clear and convincing" evidence - somewhere between "preponderance" and "beyond a reasonable doubt."