好象是如果刑事法庭判无罪不能作为民事法庭没责任的证据但反过来


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送交者: HHS 于 2010-09-10, 10:35:13:

回答: 我的理解美国整个儿两码事。看OJ 由 timliang 于 2010-09-10, 10:27:32:

好象是如果刑事法庭判无罪不能作为民事法庭没责任的证据

但反过来好象是如果刑事法庭判有罪则有罪判决能作为民事法庭有责任的证据,例外是如果被告主动PLEAD NO CONTEST

http://en.wikipedia.org/wiki/Nolo_contendere


Residual effects
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a nolo contendere plea may not be required to allocute the charges. This means that a nolo contendere conviction typically may not be used to establish either negligence per se, malice, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.[3]

Under the Federal Rules of Evidence,[3][4] and most state rules which parallel them, nolo contendere pleas may not be used to defeat the hearsay prohibition if offered as an "admission by [a] party-opponent".[5] Assuming the appropriate gravity of the charge, and all other things being equal, a guilty plea to the same charge would cause the reverse effect: An opponent at trial could introduce the plea, over a hearsay objection, as evidence to establish a certain fact.[4]




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