DSL Oberst
join:2001-11-29
| reply to tc1uscg
Re: Just Die
Harder than you think.
In criminal trials, proving intent is important because the litmus test is "beyond reasonable doubt". If you can't prove it beyond a reasonable doubt, no crime has been committed. That was the problem with OJ's first trial - the prosecution was such a mess tha they couldn't prove beyond reasonable doubt.
In civil cases, intent is not required. The plaintiff piles up their evidence, the defendant piles up THEIR evidence, and the judge/jury sees who has more. Beyond reasonable doubt is not required, nor is intent; the burden of proof is instead 'preponderance of evidence'. |
