SMG LA 245 Chapter Notes - Chapter 4: Terry Stop, Custodial Interrogation, Ferrari 125 S
31 Jan 2018
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The government, not the victim, prosecutes the defendant in a criminal case. A victim may, depending on the crime, be able to bring a tort claim against the defendant and seek an award of money damages. The government must prove each element of the crime beyond a reasonable doubt. Civil claims must be proved by a preponderance of the evidence or, in some cases, by clear and convincing evidence, both of which are less rigorous than the criminal standard of beyond a reasonable doubt. A criminal defendant has right to jury trial for any charge with potential sentence of six months or longer. Civil plaintiffs and defendants have right to jury trial in a case seeking money damages. A defendant in a criminal case faces imprisonment or fines, payable to the state. A defendant in a civil face faces liability for money damages payable to the plaintiff or injunctive relief (e. g. temporary restraining order, injunction)
