Legal Question in Legal Ethics in Wisconsin

Although it is unfair to you, the fact is that juries tend take their job very seriously when the judge instructs them that they must find an accused "not guilty" if there is any reasonable doubt about his or her guilt. Changing the law in this regard would quite literally require an amendment of the United States Constitution�s �Due Process Clause,� since that is where this standard of proof comes from. This standard of proof in criminal cases is traceable back to ancient English common law which goes back nearly a thousand years. If an experienced prosecutor who has probably tried 100 or more cases before juries believes that she cannot get a conviction before a jury on any particular fact situation, she is probably correct. The only good news is that you do not need to let the DA make the final decision on whether or not you will receive justice; you have the right to literally �take the law into your own hands� in civil court, via a private lawsuit for assault or rape, assuming that you can afford to pay for the litigation costs. The standard of proof in civil cases is much lower; any time that 80% of the jurors agree that the defendant is probably guilty, they will enter a judgment against all of your money damages (out of pocket expenses such as medical bills, property damage, lost wages, mental anguish/pain and suffering and future disability). This award can also include punitive damages in aggravated situations of intentional wrongdoing, such as rape, and injunctive relief regulating his future behavior, subjecting him to potential penalties of contempt of court (which can mean jail time). Damages due to intentional wrongdoing can even sometimes be nondischargeable in bankruptcy, assuming that you continue to aggressively protect your rights in bankruptcy court if the defendant files. Finally, you can divorce him in divorce court, which is also a civil court, operating under the same lesser standard of proof. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. My public comments in this online forum do not create any attorney client relationship with anyone.