Legal Question in Criminal Law in New York

Re: Question about precedent

No. The main reason is the burden of proof is different: in civil trials, the burden is usually "preponderance of the credible evidence" (sometimes "clear and convincing proof"); in a criminal case the burden of proof is "beyond a reasonable doubt".

Also, a civil trial involving the same parties and acts would not be permitted to proceed until the criminal case was concluded.

James S. Kats www.lawjsk.com

Re: Question about precedent

Generally no, as in a civil trial the standard is what is termed a 'preponderance of evidence' while in a criminal case the standard is 'reasonable doubt' - the preponderance of evidence standard is one if likelyhood, and meaning perhaps a 51% chance of accuracy while the reasonable doubt standard is allegedly closer to 99% -

you can however use criminal convictions lateri n civil cases, because the standard there is actually greater.

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