No Crimes Charged. Are Gabby’s Parents “Testing” ?
.... the P's disagree with this conclusion, and have, as matter of their legal right, their constitutional right, I might add, chosen to test this vague opinion in a court of law.... Because the P's hold the opinion that that conclusion is erroneous....
snipped for focus
@Trooper
Agreeing that Petito & Schmidt have the constitutional right to bring suit alleging infliction of emotional distress, a CIVIL suit against CL & RL (and atty SB).
As they have no authority to file a CRIMINAL case, Petito & Schmidt may “disagree” w FL. prosecutor’s decision not to file criminal charges, but their civil suit does not “test” that decision. They do not stand in the shoes of the state which has authority to file criminal charges.
Regardless of civil lawsuit outcome, CL & RL (and atty SB) cannot be jailed or otherwise incarcerated, as would be possible if a jury found them guilty of criminal charges.
If Gabby’s parents are awarded money damages in their civil suit, that does not substantiate that the prosecutor’s decision was “erroneous.”
Such an award would only show that Petito & Schmidt’s evidence re infliction of emotional distress met the LOWER standard of proof required for a CIVIL case, Preponderance of the Evidence (i.e., more likely than not).
It would not verify that the state would be able to prove that CL & RL were guilty of a CRIME (conspiracy or aiding & abetting) which requires a HIGHER standard of proof --Beyond a Reasonable Doubt.
If I've misundertood ^ post, my apologies, but it seems to conflate civil law and criminal law in US justice system.
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Jan 2022
Why aren’t Brian Laundrie’s parents facing charges?
May 2023