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Thread: Burglar's family awarded $300,000 in wrongful death suit

  1. #1031
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by O_Guru View Post
    100% FALSE lmao
    Look it up. Google "grand jury standard of proof." You'll find, from about a million different sources, that the grand jury uses the preponderance of the evidence standard, which is the same standard as is used in civil trials. Once again, do research before speaking on a subject. You don't know what you're talking about.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by O_Guru View Post
    Talk about avoiding facts, oh the irony.
    Try again LMAO
    Yes. Irony indeed. Ignore what you like. I'm done talking to a brick wall.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Aderleth View Post
    Look it up. Google "grand jury standard of proof." You'll find, from about a million different sources, that the grand jury uses the preponderance of the evidence standard, which is the same standard as is used in civil trials. Once again, do research before speaking on a subject. You don't know what you're talking about.
    this was already proved wrong earlier in the thread. Sorry this along with your other Opinion=facts is more nonsense.

    The Differences between a Criminal Case and a Civil Case


    The American legal system is comprised of two very different types of cases, civil and criminal. Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another.

    Here are some of the key differences between a criminal case and a civil case:

    Crimes are considered offenses against the state, or society as a whole. That means that even though one person might murder another person, murder itself is considered an offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.

    Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. Note that a criminal case may involve both jail time and monetary punishments in the form of fines.
    The standard of proof is also very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe.

    Criminal cases almost always allow for a trial by jury. Civil cases do allow juries in some instances, but many civil cases will be decided by a judge.
    A defendant in a criminal case is entitled to an attorney, and if he or she can't afford one, the state must provide an attorney. A defendant in a civil case is not given an attorney and must pay for one, or else defend him or herself.
    The protections afforded to defendants under criminal law are considerable (such as the protection against illegal searches and seizures under the 4th Amendment). Many of these well known protections are not available to a defendant in a civil case.

    In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.
    The Same Conduct Can Produce Civil and Criminal Liability

    Although criminal and civil cases are treated very differently, many people often fail to recognize that the same conduct can result in both criminal and civil liability. Perhaps one of the most famous examples of this is the OJ Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil). In part because of the different standards of proof, there was not enough evidence for a jury to decide that OJ Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to conclude that OJ Simpson wrongfully caused his wife's death by a "preponderance of the evidence".



    The Differences between a Criminal Case and a Civil Case - FindLaw


    PURE STUPIDITY 1.) Glenn Beck doesnt lie. 2.) Obama is Jesus like 3.) Sara Palin is so smart & shes a great speaker. 4.) Obama does just about everything perfect. 5.) Fox doesn' t lean right 6.) Pro-Choice is no different than Pro-Slavery 7.) MSNBC doesn't lean left. 8.) What TSA does is no different than sexual assault & child porn.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Aderleth View Post
    Yes. Irony indeed. Ignore what you like. I'm done talking to a brick wall.
    Yep facts are funny like that, they don't care whether you agree, the just are. Your opinion has no effect on them
    PURE STUPIDITY 1.) Glenn Beck doesnt lie. 2.) Obama is Jesus like 3.) Sara Palin is so smart & shes a great speaker. 4.) Obama does just about everything perfect. 5.) Fox doesn' t lean right 6.) Pro-Choice is no different than Pro-Slavery 7.) MSNBC doesn't lean left. 8.) What TSA does is no different than sexual assault & child porn.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Aderleth View Post
    I'm done talking to a brick wall.
    yeah right, you've been saying that for the last 70+ pages. and yet you keep on argueing the same crap over and over.

    it is said that repeating the same actions over and over and expecting different results is one of the classic signs of insanity.
    The best argument against democracy is a five-minute conversation with the average voter.

    An appeaser is one who feeds a crocodile, hoping it will eat him last.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Smokified View Post
    Most western states are not most states. I never claimed that all states had this silly restriction.
    I never said you did. You said this:

    Quote Originally Posted by Smokified View Post
    This is incorrect. In many (most) states you have the duty to retreat, not fight back and defend yourself. It was not until recently that states began reconsidering and in some cases even passing/repealing laws making it acceptable to defend yourself without the duty to retreat.
    So... "most" in this context means "most, but not a big chunk of the country?"

    Quote Originally Posted by Smokified View Post
    Your level of understanding it from reading about it and my level of understanding from going through it personally makes me a little more experienced.
    Unless you're claiming to have been attacked in most states, whatever experience you've had is of little utility in this conversation.

    Quote Originally Posted by Smokified View Post
    I personally feel that even if I am standing in the middle of nowhere that I have the right to be there without being violated in any way shape or form by anyone else, and in the event that I am threatened that I have the right to defend my position with extreme prejudice.
    I agree. That's not particularly relevant to what happened in this case.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by O_Guru View Post
    this was already proved wrong earlier in the thread. Sorry this along with your other Opinion=facts is more nonsense.

    The Differences between a Criminal Case and a Civil Case


    The American legal system is comprised of two very different types of cases, civil and criminal. Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another.

    Here are some of the key differences between a criminal case and a civil case:

    Crimes are considered offenses against the state, or society as a whole. That means that even though one person might murder another person, murder itself is considered an offense to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.

    Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not do something. Note that a criminal case may involve both jail time and monetary punishments in the form of fines.
    The standard of proof is also very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe.

    Criminal cases almost always allow for a trial by jury. Civil cases do allow juries in some instances, but many civil cases will be decided by a judge.
    A defendant in a criminal case is entitled to an attorney, and if he or she can't afford one, the state must provide an attorney. A defendant in a civil case is not given an attorney and must pay for one, or else defend him or herself.
    The protections afforded to defendants under criminal law are considerable (such as the protection against illegal searches and seizures under the 4th Amendment). Many of these well known protections are not available to a defendant in a civil case.

    In general, because criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.
    The Same Conduct Can Produce Civil and Criminal Liability

    Although criminal and civil cases are treated very differently, many people often fail to recognize that the same conduct can result in both criminal and civil liability. Perhaps one of the most famous examples of this is the OJ Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil). In part because of the different standards of proof, there was not enough evidence for a jury to decide that OJ Simpson was guilty "beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to conclude that OJ Simpson wrongfully caused his wife's death by a "preponderance of the evidence".



    The Differences between a Criminal Case and a Civil Case - FindLaw


    Well that's nice. However a grand jury is not the same thing as a criminal trial. Google it. Find out for yourself.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    grand jury indictments are based on probable cause

    civil verdicts with a jury are based on a preponderance of the evidence

    some cases require "clear and convincing Proof"

    criminal cases always require for the main verdict, proof beyond a reasonable doubt though "relevant behavior" in the federal sentencing guideline provisions is much lower-Preponderance of the evidence



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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Aderleth View Post
    Well that's nice. However a grand jury is not the same thing as a criminal trial. Google it. Find out for yourself.
    true, an indictment is similar to what is needed to issue a warrant



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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by OscarB63 View Post
    yeah right, you've been saying that for the last 70+ pages. and yet you keep on argueing the same crap over and over.

    it is said that repeating the same actions over and over and expecting different results is one of the classic signs of insanity.
    I've said it to several different individual people. When new people come in, I'll argue with them until they demonstrate that they're immune to logic. You're getting pretty close to the line. O_Guru just crossed it by denying that the statutory definition of murder is the definition of murder.

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