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?

 

 

Sample Solution

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.

  1. Why do you think the criminal trial of George Zimmerman took place before the civil trial?

The criminal trial of George Zimmerman took place before the civil trial because the criminal justice system is designed to resolve cases quickly. The civil justice system, on the other hand, is designed to provide victims with compensation for their losses.

In the United States, criminal cases are typically resolved within a few months, while civil cases can take years to resolve. This is because the criminal justice system has a number of mechanisms in place to expedite cases, such as speedy trial rights and plea bargaining.

The civil justice system does not have the same mechanisms in place to expedite cases. This is because the civil justice system is designed to provide victims with compensation for their losses, and it is important to give victims the opportunity to fully investigate their claims and present their evidence.

In the case of George Zimmerman, the criminal trial was also necessary to determine whether or not he was guilty of murder. If he had been found guilty of murder, he would have been ineligible to sue for wrongful death in the civil trial.

Ultimately, the decision of whether to hold a criminal trial before a civil trial is made on a case-by-case basis. There is no hard and fast rule, and the decision will depend on the specific circumstances of the case.

 

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