Why was OJ Simpson found not guilty in the criminal proceedings, and Essay

Why was OJ Simpson found not guilty in the criminal proceedings, and found liable in the civil proceedings - Essay Example y considered to have been poorly administered by the presiding judge (Lance Ito), and despite the introduction of considerable forensic and circumstantial evidence pointing to the defendant’s guilt, Simpson was acquitted in October 1995. However, in the civil trial alleging wrongful death and concluded in February 1997, the verdict was otherwise. This disparity in results has raised a number of questions concerning such matters as actual guilt, double jeopardy, and the like. In criminal litigation, the burden of proof is on the state. â€Å"The state [or ‘prosecution’] must prove that the defendant is guilty. The defendant is assumed to be innocent; [and therefore] the defendant needs to prove nothing†¦ [Furthermore,] in criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the crime, and the defendant’s participation, ‘beyond a reasonable doubt’ [Standler, 2002].† Conversely, in civil litigation, while the initial burden of proof, as in criminal cases, falls to the plaintiff (paralleling the prosecution in a criminal proceeding), â€Å"when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff’s evidence [Standler, 2002].† Equally important, in civil proceedings the requirement that the jury be convinced ‘beyond a reasonable doubt’ is replaced by a jury’s col lective satisfaction that the ‘preponderance of evidence’ points to the defendant’s guilt or negligence. In California, no one may be convicted in a jury trial criminal proceeding (vice trial by presiding judge alone), except in those instances when the jury is unanimously agreed on the defendant’s guilt. Conversely, in civil proceedings, the plaintiff prevails if nine or more of the twelve jurors concur in the defendant’s guilt or negligence. Since no formal punishment attaches to conviction in a civil proceedings, matters at issue that have been resolved in