NCJ Number
159229
Date Published
1995
Length
19 pages
Annotation
When dealing with parallel civil and criminal proceedings, the following six legal issues pose particular challenges to the private litigant: (1) the Fifth Amendment, (2) the double jeopardy clause, (3) the use of grand jury information, (4) collateral estoppel, (5) discovery procedure, and (6) collateral consequences.
Abstract
Strategic decisions made in one forum may prove contrary to the interests in another. Thus, as the line between civil and criminal law has become less distinct, a working knowledge of parallel proceedings has become increasingly important. Statements made in civil proceedings can be used against the speaker in a parallel criminal proceeding. However, the Fifth Amendment cannot be invoked by every litigant who wishes to avoid answering questions. In addition, invoking the Fifth Amendment can be devastating for a civil litigant. Thus, attorneys must carefully monitor statements by a client in litigation to be certain that valuable Fifth Amendment rights are not relinquished. Issues related to the other five topics also make litigation more complex and harder to control. It is important to be aware of the applicable legal principles and to anticipate events in the parallel cases. If this is done, the practitioner can turn the parallel proceeding into an opportunity. Footnotes