Collateral Estoppel
If a issue of utimate fact has been litigated and a final judgment has been entered in a civil matter can that same matter be relitiaged in a criminal proceeding based on the same allegations or charges and by the same parties.
Asked on 10/05/03, 1:27 pm
1 Answer from Attorneys
Mary McDonagh
McDonagh-Faherty Law Offices
Re: Collateral Estoppel
Yes. Not only is a criminal proceeding distinct from a civil proceeding, but the standard of proof in a criminal proceeding is higher than in a civil proceeding. Therefore, it may be more difficult to prove a criminal issue. Hence, O.J. was found innocent of the crime but guilty in the civil case.
Answered on 10/05/03, 1:44 pm
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