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To: Just My Opinion who wrote (49199)7/5/1998 3:13:00 PM
From: TideGlider  Read Replies (1) | Respond to of 55532
 
Anyone: Didn't say that you had made the criminal statement, however, a finding of guilt does not come in a civil suit. A finding of responsibility is more likely and then to what degree, meaning just how responsible for a particular act or violation.

>>I also don't believe that I have ever heard of a person that has on his record:
guilty..but only by 59% <<<

You are correct you never will see Guilt by a %. That is explained in the previous post as in this one. Guilt is a criminal finding and must be absolute or as near to that as humans may come.

Guilt is a criminal disposition and it is extremely rare that a civil case would precede a criminal process filed by the same agency. The hand is tipped, discovery is early and a respondent in a civil suit may plead 5th (self incrimination) but that is not applicable if the criminal trial or disposition was already made. For those reasons and others a criminal prosecution is sought first and civil may follow. That is the reason I believe you will not see criminal charges.

That of course could change, however at such a point all civil proceedings would be held in abeyance, pending the outcome of the criminal action.

These are general rules that most courts follow. Nothing is written in stone. Only books.

TG