drummingman
Blue Belt
- Thread Starter
- #21
im glad that you taked about the OJ case as that was the things i was thinking about at one point while reading everyones responses.Interesting...
Here in the US, it's possible to be both charged criminally and sued as a result of the same act. Let's stick with an imperfect case of self defense, where someone uses more force than is reasonable to defend themselves. They get charged with the crime of assault, and prosecuted criminally. That criminal prosecution is no bar to -- and in fact, may help -- a civil suit for the tort of assault, as well. A good, well known example is the OJ Simpson murder trial; Simpson was acquitted in the criminal trial, where the burden is to prove the charges beyond a reasonable doubt, but found liable in the civil trial for the tort of wrongful death, where the burden is only to prove the case bya preponderance of the evidence.
It's not uncommon for a prosecutor here to decide that a case doesn't merit criminal prosecution -- but for a civil suit to go forward based on the same facts. The civil justice system and the criminal justice system are separate. It seems like you're saying that it doesn't work that way across the pond?
also, thanks everybody for your responses as they have been very thouight provoking. it makes me realize that taking a striking art, which is what i want to take right now but could change in the future for any number of reasons, is still a good way to go.