Differences Between a Civil Judgment and a Criminal Conviction

A civil case and a criminal case can be based on the same facts but have different outcomes.

Updated 9/05/2024

O.J. Simpson was found NOT guilty of murdering Nicole Brown Simpson and Ronald Goldman in criminal court. Yet a civil court jury held him legally responsible for their deaths. So, how is the civil court's determination different from the criminal one?

Criminal vs. Civil Cases: Different Laws and Standards of Proof

You are not alone in being confused about how a person acquitted of murder in a criminal trial can be held liable for a victim's wrongful death in a civil trial.

Criminal case. The first step to understanding this seeming contradiction is to know that a criminal prosecution involves different laws, a different court system, and a different standard of proof. Specifically, the definition of first-degree murder in the context of the O.J. case requires that the act be done with malice aforethought and premeditation. To convict in the criminal court, a prosecutor must prove the case against the defendant beyond a reasonable doubt (a standard of near certainty).

Civil case. In a civil case for wrongful death, on the other hand, the plaintiffs had to prove only that the defendant's intentional and unlawful conduct resulted in the victims ' deaths. The burden of proof in the civil case was the preponderance of the evidence (a standard of "more likely than not")—a much lower burden than is required in a criminal case.

So, while a criminal jury might reasonably fail to find guilt beyond a reasonable doubt and acquit an accused, a civil jury might also reasonably find by a preponderance of the evidence that a defendant's unlawful conduct results in civil liability.

O.J. Simpson Verdicts: Civil Wrongful Death vs. Criminal Charges for Murder

Is the former football hero Orenthal James Simpson a murderer? A civil jury found it more likely than not that he caused the death of his ex-wife and her friend. A criminal jury was unable to find beyond a reasonable doubt that O.J. committed first-degree murder. Legally, the outcomes do not contradict each other.

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