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UNITED STATES OF AMERICA, Plaintiff, v. JERRY NEHL BOYLAN, Defendant.

Discussion in 'Diving Litigation' started by Cert1967, Dec 4, 2020.

  1. Cert1967

    Cert1967 Let's Go Skiing ScubaBoard Supporter

    # of Dives: I just don't log dives
    Location: Vail, Colorado
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    CR 2:20-cr-00600-GW

    UNITED STATES DISTRICT COURT
    FOR THE CENTRAL DISTRICT OF CALIFORNIA

    UNITED STATES OF AMERICA, Plaintiff,
    v.
    JERRY NEHL BOYLAN, Defendant.

    Initial filings from December 1, 2020

    Interested in learning more about the federal criminal process? Some light reading references are linked below. The last, "Principles of Federal Prosecution" is the most comprehensive reference.

    Steps In The Federal Criminal Process

    Criminal Cases

    9-27.000 - Principles Of Federal Prosecution
     

    Attached Files:

  2. Seaweed Doc

    Seaweed Doc MSDT ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: Seattle, Washington State, USA
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    Thanks. Can you describe, or provide a link to a description of, the interplay between civil and criminal cases in situations like this?

    For context, a person I know's father likely committed a crime. He was charged, plead not guilty, and was acquitted at trial. Once the criminal proceeding was done a civil suit was filed by the families, and the insurance company settled. (It was a paltry settlement, definitely a "go away kid, you're botherin' me" amount that was probably cheaper than defending the case at trial. The victims were not going to get any sympathy, and there was no physical evidence.)

    From this experience I guessed the plaintiffs were letting the state do the heavy lifting of collecting evidence before filing the civil suit, or else some aspect of legal procedure required the criminal trial to go forward first.

    The Conception case seems more complex, with the civil side having multiple defendants.

    Any thoughts?
     
    drrich2 likes this.
  3. Edward3c

    Edward3c Instructor, Scuba

    2,043
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    In the U.K. the level of negligence in a criminal case is higher than for a civil case. Therefore, easier to prove in a civil case.
     
  4. JohnN

    JohnN ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 200 - 499
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    As it is in the US. It goes from 'beyond a reasonable doubt' to 'preponderance of evidence'
     
  5. Cert1967

    Cert1967 Let's Go Skiing ScubaBoard Supporter

    # of Dives: I just don't log dives
    Location: Vail, Colorado
    424
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    Criminal law - regulates individuals' bad acts to protect the public
    Civil law - regulates private rights of parties

    Natural rights of man - a fellow name John Locke. Relates to the Declaration of Independence, the Constitution, fundamental rights, criminal law, and more stuff.


    Ok, let's look at one of the most infamous cases, California v OJ Simpson and the follow-on civil case. Google is your friend, the link below is basic, a search of Google Scholar will yield a different type of analysis.


    Double Jeopardy?

    Most everyone knows that OJ did not have to testify in his criminal case. But, what about the civil case? Could OJ have asserted his 5th amendment rights in the civil case? Two appellate cases give guidance.


    Easy explanation, questions, and answers in a Q&A format, if you are bored and want an easy trip thru the weeds

     
    Sam Miller III likes this.
  6. Seaweed Doc

    Seaweed Doc MSDT ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: Seattle, Washington State, USA
    818
    606
    Sorry, I should have been more specific. I was thinking of whether ordering mattered. Can a civil case and criminal case proceed at the same time? Does criminal usually precede civil for some reason?

    I'm not getting at standards for a judgment (no reasonable doubt vs. preponderance of evidence) or compelling testimony.
     
  7. BLACKCRUSADER

    BLACKCRUSADER Contributor

    # of Dives: I'm a Fish!
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    How would a defendant be able to be in two courts at the same time?
     
  8. Seaweed Doc

    Seaweed Doc MSDT ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: Seattle, Washington State, USA
    818
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    Exactly: Who gets dibs? Criminal? First case to the court?
     
  9. Wookie

    Wookie Curmudgeon Apprentice ScubaBoard Business Sponsor ScubaBoard Supporter

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    I am not a lawyer, but I’d think that if I were suing someone in a civil case that also had a criminal component, I might wait until the criminal case was over so I had access to what was discovered in the criminal case.

    But that’s completely from a layman’s perspective. There may be very good reasons not to wait?
     
    Seaweed Doc and Jcp2 like this.
  10. BLACKCRUSADER

    BLACKCRUSADER Contributor

    # of Dives: I'm a Fish!
    Location: Taiwan
    1,204
    755
    Well you cannot have both trials at same time and evidence allowed can be different. Judges and juries are different and trials may not even be in the same city. Criminal and Civil lawyers most likely to be different as well.
     

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