Ronald Goldman

Ronald Lyle Goldman (July 2, 1968 – June 12, 1994) was an aspiring actor and part-time model who was murdered in Los Angeles, California, USA, in 1994. The football star O.J. Simpson was indicted, tried for and acquitted of Goldman's murder; later, O.J. Simpson was found liable in Goldman's wrongful death.

Civil Suit

In a civil suit brought by Fred Goldman, Ronald Goldman's father, that concluded in February 1997, O.J. Simpson was found liable for the wrongful death of Ronald Goldman and was ordered to pay $12.5 million to the Goldman family and 12.5 million to the Nicole Brown-Simpson family. He has yet to do so as he still maintains his innocence regarding the murders. He has since moved from his North Rockingham Avenue home and is now living in Florida where his National Football League pension cannot be seized to pay a debt.

Related Topics:
February - 1997 - O.J. Simpson - National Football League

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The distinction between "murder" and "wrongful death" is worthy of note here, as many people have not understood how O.J. Simpson could be acquitted in one trial and found liable in another. First, murder, like all forms of homicide (which is any unlawful killing), is a crime; whereas wrongful death is a tort (which is a civil wrong; the term from French avoir tort, meaning "to be wronged"). In a very real sense, the crime and the tort exist in parallel universes of law. For that reason, it does not matter to the tort case that Simpson was acquitted of the crime, because the two proceedings operate in different "universes."

Related Topics:
Tort - French - Universe

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Second, on a more practical level, the evidentiary standard is lower for civil liability than it is for criminal liability. There are four evidentiary standards. The first and lowest is reasonable possibility. You cannot be found liable in any legal proceeding if the evidence shows there is only a reasonable possibility that you committed the tortious act, but reasonable possibility is enough to bring a civil case to trial. The basic level of this evidentiary standard can be illustrated this way: Because the sun appears to rise in the east and set in the west, there is a reasonable possibility that the sun revolves around the earth. This is not sufficient evidence to prove the point in a court of law (in fact, the opposite is known to be true), but it would be enough to bring a civil case in order to hear arguments on the question.

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For most civil cases, the plaintiff must prove liabilty on the defendant's part by a preponderance of the evidence - which means it is more likely than not that the defendant committed the tort. In O.J. Simpson's case, the preponderence standard was easily met.

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Some torts, such as libel and slander (together called "defamation" in Scotland and in jurisdictions that base their libel/slander laws partly on Scottish legal tradition), require clear and convincing evidence. This is a higher standard than preponderance of the evidence. If "more likely than not" is 51%, then "clear and convincing" is somewhere around 70% -- but this sort of formal distinction is not actually made in court cases.

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Rather, it would be more accurate to correlate the four evidentiary standards to the grades A, B, C and D. Reasonably possibility would be grade D quality evidence, which is not satisfactory for liablity. Grade C is satisfactory for most civil cases, but sometimes grade B quality evidence is required. Rarely for civil matters but always for criminal matters, the quality of evidence against the defendant must amount to 'A' grade.

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Beyond a reasonable doubt is the highest evidentiary standard. It is rarely required for civil cases, but it is always the evidentiary standard required in criminal cases because criminal trials can result in the defendant's incarceration and/or execution.

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Finally, the prohibition on double-jeopardy found in U.S. Const. Amend. V. applies only to criminal proceedings. Only criminal proceedings on the same legal crime can twice-put a person in jeopardy of losing life, liberty or property. Even if liens are placed against property pursuant to a civil judgment, the defendant must still be left enough property (which includes money) to live on. Receipt of payment pursuant to a civil judgment is not guaranteed, as the Goldman civil case well illustrates.

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