A Conversation for Double Jeopardy
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unorthodox1 Started conversation May 11, 2005
In the United States the protection from double jeopardy does not protect the defendant from trial in a different court. For instance, a person tried and found not guilty in a state court, may be tried for the same crime in a federal court if a federal law was violated. The opposite is also true, a defendant may be tried by a state court for violations of state law, even if a federal court has found him/her not guilty. Also, a defendant, found not guilty beyond a reasonable doubt in criminal court, may be tried in civil court for the same offense. The standard of proof in civil court is much lower, merely by a preponderance of the evidence. This is what happened to O.J. Simpson. Although found not guilty in criminal court, he was later found liable for wrongful death in civil court.
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