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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #10  
Old 08-03-2007, 05:33 PM
MysticCat MysticCat is offline
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Quote:
Originally Posted by kathykd2005 View Post
They are being charged for these reasons, and they could also later be SUED for wrongful death if they lose in court.
Technically, they could be sued for wrongful death regardless of how they do on the criminal charges. The elements of a claim for wrongful death are different from the elements for aggravated hazing, the crime with which they are charged. The burden of proof is different as well -- in a criminal case, guilt must be proven beyond a reasonable doubt. Liability on a wrongful death claim only has to be shown by a preponderance of the evidence (more likely than not). That means that the same evidence might not be enough for a criminal conviction but might be enough for a civil judgment.
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