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Blake Must Pay.

 
 
Merry Andrew
 
  1  
Reply Thu 8 Dec, 2005 09:37 pm
Re: Blake Must Pay.
oralloy wrote:
au1929 wrote:
BLAKE MUST PAY

Quote:



Nov 18, 2005 5:30 pm US/Eastern
(1010 WINS) (BURBANK, Calif.) Eight months after Robert Blake was acquitted at a criminal trial of murdering his wife, a civil jury decided Friday the tough-guy actor was behind the slaying, and ordered him to pay Bonnie Lee Bakley's children $30 million in damages.

The jury deliberated eight days before ruling in a 10-2 vote that the former ``Baretta'' star ``intentionally caused the death'' of Bakley, who was gunned down in 2001 in the actor's car outside a restaurant where the couple had just dined.

Blake, dressed in a black suit and tie, looked down as the verdict was read.



http://1010wins.com/topstories/local_story_322162342.html

Could one of the legal eagles on a2k explain this. I cannot see the logic or how the law justifies this. Guilty or innocent Blake was found not guilty in the murder trial. How can this jury find him guilty? In fact how can he have been retried for the same crime. It to this uninitiated one it would appear to be a case of double jeopardy.


I probably don't quite count as one of the legal eagles, but I think I can help.

There are two different legal issues here. One is the issue of whether someone should face criminal penalties for having committed a crime. The other is whether they owe damages for their action.

It is possible to commit an act which is not a crime, but which you can still be sued for damages over.


But on the issue of double jeopardy, it is sometimes possible for people to be acquitted of charges on a state level, and then be prosecuted for the same act on a federal level.

As an example, the police who were charged with roughing up Rodney King were acquitted by the state of California. But post-riot, two of them were convicted in a federal trial.


Ah, but I believe the charge was different in the Fefderal trial. At the state level, the cops were found not guilty of assault and battery, I believe. The Federal charge was violation of King's civil rights. In other words, it was treated as a hate crime in Federal court, whereas at the state level no such charge had been made. It's a neat trick for getting around the double-jeopardy protection.
0 Replies
 
oralloy
 
  1  
Reply Sat 10 Dec, 2005 07:01 pm
Re: Blake Must Pay.
Merry Andrew wrote:
oralloy wrote:
au1929 wrote:
BLAKE MUST PAY

Quote:



Nov 18, 2005 5:30 pm US/Eastern
(1010 WINS) (BURBANK, Calif.) Eight months after Robert Blake was acquitted at a criminal trial of murdering his wife, a civil jury decided Friday the tough-guy actor was behind the slaying, and ordered him to pay Bonnie Lee Bakley's children $30 million in damages.

The jury deliberated eight days before ruling in a 10-2 vote that the former ``Baretta'' star ``intentionally caused the death'' of Bakley, who was gunned down in 2001 in the actor's car outside a restaurant where the couple had just dined.

Blake, dressed in a black suit and tie, looked down as the verdict was read.



http://1010wins.com/topstories/local_story_322162342.html

Could one of the legal eagles on a2k explain this. I cannot see the logic or how the law justifies this. Guilty or innocent Blake was found not guilty in the murder trial. How can this jury find him guilty? In fact how can he have been retried for the same crime. It to this uninitiated one it would appear to be a case of double jeopardy.


I probably don't quite count as one of the legal eagles, but I think I can help.

There are two different legal issues here. One is the issue of whether someone should face criminal penalties for having committed a crime. The other is whether they owe damages for their action.

It is possible to commit an act which is not a crime, but which you can still be sued for damages over.


But on the issue of double jeopardy, it is sometimes possible for people to be acquitted of charges on a state level, and then be prosecuted for the same act on a federal level.

As an example, the police who were charged with roughing up Rodney King were acquitted by the state of California. But post-riot, two of them were convicted in a federal trial.


Ah, but I believe the charge was different in the Federal trial. At the state level, the cops were found not guilty of assault and battery, I believe. The Federal charge was violation of King's civil rights. In other words, it was treated as a hate crime in Federal court, whereas at the state level no such charge had been made. It's a neat trick for getting around the double-jeopardy protection.



I think that was more a case of that being the only federal charge that applied. Had they been on federal land when they did it, they could have been charged with assault and battery.
0 Replies
 
Arella Mae
 
  1  
Reply Sat 10 Dec, 2005 07:11 pm
Debra Law,

Thank you so much for explaining the difference in the two kinds of trials. You stated that so clearly and I am so appreciative of it. The law (language) can be confusing at times.

May I ask you a question? (Other than that one.) If someone is found guilty of murder, can a family member of the murder victim also sue in a civil court? Does the fact that they have already been found guilty cancel out the possibility for a civil trial because there is no longer a presumed innocence?
0 Replies
 
oralloy
 
  1  
Reply Sat 17 Dec, 2005 12:02 pm
Momma Angel wrote:
May I ask you a question? (Other than that one.) If someone is found guilty of murder, can a family member of the murder victim also sue in a civil court?


It's been a week with no answer, so I hope no one minds if I chime in.

Yes. If someone has been criminally convicted, they can also be sued for damages related to their crime (and they frequently are).

Note that one of the differences between pleas of "no contest" and "guilty" is that if someone pleads guilty, a subsequent civil suit doesn't have to prove that the crime occurred. It goes straight into the issue of how much damages are owed.
0 Replies
 
Arella Mae
 
  1  
Reply Sat 17 Dec, 2005 12:18 pm
oralloy,

Thank you for answering me. I was wondering about this last night.

That makes sense. I guess that's why cases like these aren't in the news that often?
0 Replies
 
 

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