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Burden of Proof – Criminal vs Civil
How can I be found not guilty by a criminal jury and held liable in a civil lawsuit? There have been several high-profile matters where this has been the case.
Karen Read’s criminal trials captivated the nation since 2022. Read was charged in the January 29, 2022, death of her police officer boyfriend, John O’Keefe. Her first criminal trial began April 16, 2024, and resulted in a mistrial. On June 18, 2025, she was acquitted of second-degree murder, manslaughter while operating under the influence, and leaving the scene of an accident resulting in death, in the retrial. Yet, she is currently facing a wrongful death civil lawsuit brought by O’Keefe’s estate.
How can she be facing the same allegation (that she caused O’Keefe’s death) when a criminal jury determined she did not? Because there are different “burdens of proof” in criminal and civil lawsuits. The burden of proof is the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.
“Reasonable Doubt” – Criminal Standard
Reasonable doubt is “a doubt that is reasonable after a careful and considered examination of the facts and circumstances of the case.” It is not an imaginary or possible doubt. It is based on reason and common sense. Proof beyond a reasonable doubt is a fair, honest doubt growing out of the evidence, or lack thereof. In a criminal lawsuit, the prosecution must prove the guilt of the accused beyond a reasonable doubt.
In Karen Read’s criminal matter, the criminal jury had to be convinced beyond a reasonable doubt. If the jury had any reasonable doubt regarding her guilt, they were required to find Karen not guilty. In Karen’s case, the jury was not convinced she was responsible for O’Keefe’s death, beyond a reasonable doubt.
“Preponderance of the Evidence” – Civil Standard
In a civil lawsuit (filed seeking money damages for the same incident), the plaintiff must only prove defendant was “more likely than not” the cause of an injury. This is frequently described as any amount over 50%.
In the civil lawsuit, a jury will only be asked to find that it is more likely than not that Karen Read contributed to O’Keefe’s death. She can be held liable even if the jury determines more than one person was responsible.
Having to prove it is likely true that Read contributed to O’Keefe’s death is significantly easier than having to prove she almost certainly was the cause of his death. Because the burden of proof is lower, it is easier for her to be found liable civilly, despite being criminally acquitted.
O.J. Simpson also faced a civil lawsuit despite being acquitted criminally. On October 3, 1995, he was found not guilty of murdering his ex-wife, Nicole Brown, and her friend, Ron Goldman. Brown’s and Goldman’s families filed a wrongful death lawsuit (civil). In 1997, the civil jury found Simpson liable for the wrongful deaths of Brown and Goldman and ordered Simpson to pay $33.5 million in damages. The Brown and Goldman families continue to await payment.
