Legal Question in Criminal Law in Indiana

Re: Conditions of Double Jeopardy

It is first important to understand that criminal actions carry potential penalties which may impact ones freedom or place their life literally at stake if convicted. The other type of action which O. J. Simpson faced and now Robert Blake is a civil or tort action where freedom and one's life no longer hang in the balance, but their pocketbook is now at risk. Tort action is a civil wrong for which for which a remedy is provided in the way of monetary damages if one prevails. The burden of proof is also different for each. In the criminal matter the standard is beyond reasonable doubt whereas in the civil it is by preponderance of the evidence. This preponderance standard places the proof requirement into a more relaxed situation where one may show through the evidence that it more likely than not the civil wrong was inflicted.

Also note that the criminal matter is for murder, while the other is for wrongful death. Wrongful death does not necessarily mean a criminal act took place, but negligence or gross negligence. If a such a claim was found in favor of the plaintiff (the one bringing the action for recovery) that would not subject the acquitted in the criminal action to criminal penalties, only civil or money damages. Therefore he is not exposed to jail time or execution and this avoids the double jeopardy issue which applys to criminal matters.