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Beyond reasonable doubt vs balance of probabilities

  • 24-02-2018 3:29pm
    #1
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭


    I was recently explaining the distinction between civil cases and criminal cases and the different standards of evidence applied in both.

    I would appreciate if you could refer to cases where someone was found not guilty in a criminal trial but was then successfully sued for damages for the same incident.


Comments

  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    I was recently explaining the distinction between civil cases and criminal cases and the different standards of evidence applied in both.

    I would appreciate if you could refer to cases where someone was found not guilty in a criminal trial but was then successfully sued for damages for the same incident.
    OJ


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Just to muddy the waters, elements of criminal cases; in favour of the accused usually, only have to be proved on the balance of probability.


  • Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    Omagh bomber is a good example


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    You regularily see false imprisonment civil cases won by the kidnappee but no convictions or even trials of the respondants - most recently I read was a woman unlawfully detained by IÉ agents for photographing in Pearse station. Or the woman who settled her case when she was incorrectly brought to Mountjoy because the gardaí thought she had failed to pay her tv license


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    This post has been deleted.
    Money can help, but vindication and closure are also important, especially against a capricious or vindictive defendant / insurer.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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