U.S. Dept of Justice: Federal Officials Close Investigation Into Death of Trayvon Martin
National Crime Victimization Law Institute: Holistic Victim Services in the Case of Trayvon MartinLinks to an external site.
Criminal Law, University of Minnesota Libraries Publishing edition, 2015
Cases that are held in Criminal and Civil Court
Familiarize yourself with the George Zimmerman case referenced in the resources listed above. Answer the following questions:
1. Do you think it is ethical to give criminal defendants more legal protection than civil defendants? Why or why not?
2. Why do you think the criminal trial of George Zimmerman took place before the civil trial?
The answer to this question is complex and depends on a number of factors, such as the right to a fair trial, the presumption of innocence, and the burden of proof.
In the United States, criminal defendants have more legal protection than civil defendants. This is because the criminal justice system is designed to protect the rights of the accused, while the civil justice system is designed to compensate victims of wrongdoing.
There are a number of reasons why criminal defendants have more legal protection than civil defendants. One reason is that the stakes are higher in criminal cases. In a criminal case, the defendant could be imprisoned, while in a civil case, the defendant could only be ordered to pay money.
Another reason is that the burden of proof is higher in criminal cases. In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt. In a civil case, the plaintiff only needs to prove the defendant's liability by a preponderance of the evidence.
Finally, the presumption of innocence is stronger in criminal cases. In a criminal case, the defendant is presumed innocent until proven guilty. In a civil case, the plaintiff does not have to prove the defendant's guilt; they only need to prove that the defendant is more likely than not liable.
Whether or not it is ethical to give criminal defendants more legal protection than civil defendants is a matter of opinion. Some people believe that it is important to protect the rights of the accused, even if it means giving them more legal protection than victims of wrongdoing. Others believe that the rights of victims should be prioritized, even if it means giving them less legal protection than criminal defendants.
- Why do you think the criminal trial of George Zimmerman took place before the civil trial?