I was thinking more of the underlying ethics of the issue than what the actual legal situation is.
Civil cases only have a different set of standards because at the times the standards for criminal law were being set the stakes were so much higher. It could be argued that now that civil cases can actually impose the harsher penalty (complete ruin both financially and reputationally as opposed to just a judicial slap on the wrist) the standards should be reversed.
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Date: 2011-01-21 04:55 am (UTC)Civil cases only have a different set of standards because at the times the standards for criminal law were being set the stakes were so much higher. It could be argued that now that civil cases can actually impose the harsher penalty (complete ruin both financially and reputationally as opposed to just a judicial slap on the wrist) the standards should be reversed.