06-03-2015, 04:59 PM
(06-03-2015, 04:35 PM)Duchess Wrote:(06-03-2015, 04:30 PM)HairOfTheDog Wrote: a federal judge delayed part of that lawsuit, citing concern for the officers' rights against self-incrimination.
Would a civilian be given that courtesy?
Yeah, it happens a lot when victims' families file a civil suit against the defendant(s) before criminal proceedings for the same alleged crime have concluded.
In a civil suit, the burden of proof is much lower for the plaintiff as compared to a criminal trial. If the defendants are deposed and compelled to provide testimony in the civil suit, that testimony could then be disclosed and used against them in the criminal case. That would compromise the defendants' right not to testify in criminal court.
It's better for the criminal proceeding to come first in all fairness, IMO.
The Rice family filed a civil suit against the two officers involved in Tamir's shooting and the city of Cleveland. Since the city of Cleveland is not a defendant in the potential criminal case, that part of the civil suit has not been delayed.