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Showing posts with the label civil law

Guilt: the difference between criminal and civil “convictions”

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Royal Courts of Justice There’s been an argument between police officers and lawyers over the past couple of days on Twitter over whether an acquittal means somebody is actually innocent versus whether a conviction means somebody is actually guilty. In law the position is quite clear, if you are convicted you are guilty; if you are acquitted you are innocent (you may already be shouting at me that “not guilty” does not equate to innocent but you are wrong – everybody is presumed innocent until convicted. If you are not convicted, then you are innocent in law thus a finding of not guilty maintains a defendant’s innocence and you can properly say that a person found not guilty is innocent). One of the more interesting points raised in the police v lawyer debate is that a person can be acquitted in a criminal court but convicted in a civil court. I think it’s an argument that is strong on its face but when looked at in more detail is quite weak. So, it’s worth exploring in a...