Quote:
Originally Posted by bomberjet
I know. That's the point my non legal brain doesn't get. You are guilty in civil court, but not criminal. You did it, but not really.
If they settle out of court, then is what it is I guess.
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Different standard of proof. Civil burden of proof is 'balance of probabilities' (say 50% plus 0.1% more likely than not that the person is liable).
Criminal burden of proof is 'beyond a reasonable doubt' --> more like >98% likely that the person did it. Not only that, but you have to prove each element of the crime to that standard (actus reus and mens rea, and sometimes even other elements must be present). Convictions are hard without rock-solid evidence.
So you can see how OJ was successfully sued. It's basically a degree of certainty analysis. I understand the difficulty in wrapping your mind around it. In the OJ case, the court could not get to the degree of certainty required to convict him of a crime, but because the burden of proof is so much lower in the civil sense, he was successfully sued.