Quote:
Originally Posted by DrPhil
*I do not know whether this has been discussed before but if a criminal suit is not possible or finds him not guilty, is a civil suit possible?
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It's certainly
possible, in that you can bring a suit in this kind of instance without much difficulty (assuming the case goes to criminal trial*).
However, (not legal advice or legal opinion) assuming Zimmerman is found innocent by way of an affirmative defense* (in this case, self defense) that would likely be fairly strong evidence for the jury in the civil case as well. The traditional "civil cases have a lower burden" (see: Simpson, OJ) would, in some ways, be flipped.
**This may not be the case though, since as far as I know, Florida's "Stand Your Ground" law is actually based on immunity from prosecution ... I'm assuming though that if the case goes to trial it will still be an affirmative defense.
(Note that "Stand Your Ground" also conveys immunity from civil action, so if criminal action is not possible on those grounds, then the answer is a pretty simple "No" although I'm sure there will be efforts otherwise)
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