O.J. Faces Different set of Rules in Civil Case

If O.J. Simpson is to walk away legally unscathed in the double murder tragedy, he has at least one more major hurdle to overcome - three civil lawsuits.

The father and mother of Ron Goldman, who was killed alongside Nicole Brown Simpson, separately filed wrongful death actions in California alleging that Simpson "negligently, carelessly, unlawfully, willfully, wantonly and maliciously killed" their son. Nicole Simpson's father also filed a civil lawsuit.

These plaintiffs who lost a loved one intend to prove in a different court of law that Simpson was "guilty". In a civil - as opposed to a criminal - action, the plaintiffs have to prove much less than Marcia Clark and Christopher Darden did.

In a criminal trial, the often quoted "beyond a reasonable doubt" standard is a heavy burden of proof for the state to carry. But in a civil case, the burden is much less - "more probably than not" that the defendant is liable. Generally, this preponderance of the evidence standard is described as meaning the evidence tips in one direction, even if it is not considered overwhelming.

At trial, the Goldmans and Browns would have to prove whether Simpson more probably than not is responsible for their children's deaths. The reason for this lesser burden is quite simple - Simpson's life or freedom are no longer at stake, merely his pocketbook and, of course, his time.

Although at first blush it may appear to be a way to find that Simpson committed the murders, it really would boil down to putting all the same witnesses on the stand and re-trying the entire, but perhaps abbreviated, case. California puts civil cases on a "fast track" system. Trials generally reach a courtroom within two years of filing the case, should these plaintiffs go through with the lawsuits in light of the verdict in criminal court.

In a civil case, lawyers would have the advantage of all of the evidence already gathered at the criminal trial, but they can avoid some of the pitfalls.

Using hindsight and the lesser burden of proof, they can simplify and shorten the proceedings. The three separate wrongful death lawsuits would likely be consolidated into one action.

In California, an injured party must allege unspecified general damages and punitive damages, which are meant to punish the damage. Fred Goldman, father of Ron, has itemized a $50 million loss, alleging that Simpson's role in the 1994 murders were "willful, wanton and outrageous beyond the ability of ordinary human beings to comprehend."

But perhaps most significantly, in a civil trial, the Goldmans will get what they finally want, even if they lose - Simpson can be forced to testify.

Even if Simpson does not intend to take the witness stand in his own defense, the Goldmans can call him as an adverse witness and cross-examine him because of his expected hostility to their position.

If Simpson refused, he can be held in contempt of court and, although incarceration is unlikely in a civil trial, three levels of sanctions could be enforced, from not allowing Simpson to present evidence at trial to ruling against him entirely on the case. It is likely the judge would force him to testify because if Simpson tries to invoke his Fifth Amendment right of self-incrimination, no criminal charges could be filed against him.

The civil trial most certainly would be a jury trial. Either side would have the option to request a jury of 12, but this time it would take only a three-fourths majority, or any nine, to agree on a verdict. The issues of liability and damages could involve separate trials and even separate juries under California rules.

The civil suits were filed in Santa Monica County, an upper-middle-class white area from which a jury will be drawn. California allows cameras in the courtroom at both civil and criminal trials.

The Simpson trial raised the public consciousness about the seriousness and complexities of our justice system. Reliving the tragedy in a civil suit with the families as the focal point would perhaps be even more difficult to watch.