Many people still remember the sensational O.J. Simpson double murder trial that occurred in the 1990s. Although he was exonerated of the crimes in criminal court, a civil jury subsequently ordered Mr. Simpson to pay over $33 million in damages to the families of Nicole Brown Simpson and Ronald Goldman.
In criminal court, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt, a standard that requires a high degree of certainty. But in a civil personal injury proceeding, a plaintiff must only establish negligence by a preponderance of the evidence, which means more likely than not. So, as in the Simpson case, two different juries in two different forums can return two different verdicts, even if they examine essentially the same evidence.
The same criminal/civil dichotomy applies to charges of carrying a concealed weapon (CCW) and many others, such as assault and battery and wrongful death. If criminal prosecutors are unable to obtain convictions, it is not at all unusual for the alleged victims to take their cases to civil court, where the lower standard of proof often leads to disparate results.
Assault and Battery
In Illinois civil law, an assault is an intentional act that causes a reasonable apprehension of imminent offensive contact; a battery is a harmful or offensive touch. The intent element in these cases is not malice or ill will, but rather an intent to carry out the battery. The classic law school example is that a surgeon who performs surgery on a patient without consent is guilty of battery. Some of the same defenses, such as self-defense, can apply in civil as well as criminal court.
The lower standard of proof in civil cases of assault and battery provides a contrast to parallel criminal proceedings. To prove assault beyond a reasonable doubt in criminal court, the alleged victim nearly always needs to show an injury, even if it is only a red mark or a slight abrasion that required no medical attention. In civil court, the alleged victim’s statement may be sufficient for a jury to conclude that, more likely than not, a battery occurred.
Wrongful Death
Illinois has a wrongful death statute that controls any killing caused by “wrongful act, neglect, or default.” The decedent’s close relative, or personal representative, can bring a wrongful death action within one year of the date of death or within the normal statute of limitations, which is generally two years in personal injury matters. Intent is not generally relevant in these proceedings because the nature of negligent homicides is that they are unintentional.
Additionally, the lower standard of proof still applies in civil court, where the plaintiff need only establish that the defendant acted recklessly and placed the victim in danger by a preponderance of the evidence and not beyond a reasonable doubt.
Wrongful death lawsuits often involve significant compensation. In Illinois, unlike some other states, wrongful death plaintiffs are entitled to damages for their “grief, sorrow, and mental suffering;” in fact, according to the statute, all damages in these actions are intended “for the exclusive benefit of the surviving spouse and next of kin of [the] deceased person.”
Contact Aggressive Attorneys
At Glasgow & Olsson, we defend carrying a concealed weapon charges, among many other types of charges, in both civil and criminal court. Contact us today for prompt assistance from an experienced criminal defense attorney in Schaumburg.
(image courtesy of Dodgerton Skillhause)