The Lincoln Plawg - the blog with footnotes

Politics and law from a British perspective (hence Politics LAW BloG): ''People who like this sort of thing...'' as the Great Man said

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Tuesday, March 01, 2005
 

TRMPAC: why the civil suit before the criminal?


Reading an account (also here) of the first day's proceedings in the civil trial brought by five losing candidates against Bill Ceverha, treasurer of Texans for a Republican Majority (a case I mentioned on February 27), it occurs to me that the normal order of events in a case involving both civil and criminal action would be to hold the criminal trial first.

A civil verdict, based on a balance-of-probabilities standard of proof, would surely be prejudicial to the criminal trial arising out of the same facts. And it effectively gives prosecutors a dummy run at their targets.

Perhaps, as in so many respects, things are different in Texas...


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