Thursday 29 September 2011

Civil vs. Criminal liability

There's an interesting article in SHP On-Line. This includes the paragraph:

"For a defendant to be guilty of a criminal offence the jury must be sure of his guilt: it must be ‘beyond reasonable doubt’. So, in statistical terms, the probability that the defendant is innocent must be very small. Civil liability, on the other hand, is determined on a ‘balance of probabilities’ – i.e. the defendant is liable even if the probability that he is innocent is 49 per cent."

So, another reason to be beware of civil cases.

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