Legal Question in Criminal Law in Illinois
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
Related Questions & Answers
-
Felony Murder There are a group of five men in a van sitting in front of another... Asked 9/23/03, 10:18 pm in United States Illinois Criminal Law
-
Dating a minor If I am 18 And have sexual contact with a 15 year old such as kissing... Asked 9/19/03, 11:12 pm in United States Illinois Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
