Does It Pay To Kill Your Mother? The Effect of a Criminal Acquittal in a Subsequent Civil Proceeding To Disqualify the Slayer

• NCJ Number: 93098
• Journal: Connecticut Law Review Volume: 16 Issue: 1 Dated: (Fall 1983) Pages: 29-70
• Author(s): S J Willbanks
• Date Published: 1983
• Length: 42 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

Because civil punishment following a criminal acquittal cannot be justified due to the acquitted defendant's due process rights of liberty and property, disqualification proceedings following a criminal acquittal should be precluded.

Abstract

Disqualification provisions developed in the United States in reponse to judicial reluctance to prevent even a convicted killer from acquiring the victim's property in the absence of a specific legislative enactment. These provisions have been expanded to include all possible means of acquiring property regardless of whether the alleged killer has been convicted, acquitted, or never prosecuted. The absence of any legal doctrine precluding disqualification proceedings following criminal acquittals does not end the inquiry. The issue remains whether as a matter of policy the alleged killer should be required to defend himself/herself a second time from the allegation that he/she killed the victim. Although the current view of the doctrines of collateral estoppel and double jeopardy does not preclude relitigation, the policies underlying these doctrines militate against permitting disqualification proceedings following criminal acquittals. Prohibiting relitigation protects against the embarrassment, sense of harassment, and trauma involved in retrying a murder case, promotes the finality of judgments necessary to preserve the integrity of the judicial system; and preserves precious individual and judicial resources. Legislatures should modify existing disqualification provisions. A possible provision, modeled on the Uniform Probate Code and the California statute, would provide that a final judgment of conviction on a charge of murder or voluntary manslaughter would be conclusive on the issues of intent and the unlawfulness of the killing of the victim. A final judgment of acquittal, including an acquittal by reason of insanity, or a conviction of a degree of homicide less than voluntary manslaughter, shall also be conclusive on the issues of intent and the lawfulness of the killing of the victim. In the absence of a criminal conviction or acquittal, the court may determine by clear and convincing evidence whether the killing was intentional and unlawful. A total of 165 footnotes are provided.