Jennings V. Armington

Running head: JENNINGS V. ARMINGTON

Kaplan University

Shonae Doremus

Business Law

Barry Grossman

January 26, 2011

According to this week’s material in the case of Jennings v. Armington, Armington is incorrect. According to the Fifth Amendment, Jennings can file a civil suit against Armington because the prohibition against double jeopardy does not preclude the crime victim from bringing a civil suit against that person to recover damages. (Roger Miller, 2008)

In a civil lawsuit, the victim brings a case for money damages against the offender or a third party for causing physical or emotional injuries. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender or a third party is responsible for the injuries suffered. The standard of proof in a civil lawsuit is significantly easier to satisfy than the “beyond a reasonable doubt” standard of a criminal case. In a civil lawsuit, the case must be proved by a “preponderance of the evidence,” that is, by enough evidence to conclude that it is more likely than not that the victim’s claims are true.

A victim can still pursue a civil lawsuit, even if the criminal prosecution resulted in a “not guilty” verdict. Criminal prosecutions require a unanimous decision by all twelve jurors, which can be difficult to achieve. Civil lawsuits require agreement by only ten of twelve jurors for a decision. The significant differences between civil and criminal cases were brought out by the highly publicized O.J. Simpson case. The families of Nicole Brown Simpson and Ronald Goldman were able to obtain a $33.5 million dollar settlement against O.J. Simpson in civil court even though he had been acquitted of the murders in the criminal prosecution. (Crimevictimlaw.com, 2008)

REFERENCES

(2008). Retrieved January 21, 2011, from Crimevictimlaw.com: http://www.crimevictimlaw.com/civil/claw.html

Roger Miller, G. J. (2008)....