Michael Irvin's 105.3 The Fan interview can be found here:
https://www.audacy.com/1053thefan/s...n-speaks-on-incident-involving-woman-at-hotel
I clipped the two-minute four second commentary of the incident
in his words and uploaded it to YouTube:
The Differences Between a Criminal Case and a Civil Case
By FindLaw Staff | Legally reviewed by Joseph Bui, Esq. | Last updated December 23, 2022
<snip>
The Standard of Proof
Crimes must generally be proved "beyond a reasonable doubt," whereas
civil cases are proved by lower standards of proof, such as "the preponderance of the evidence."
The term, "the preponderance of evidence," refers to how it was
more likely than not that something occurred in a certain way.
The difference in these two standards points to how civil liability is considered less blameworthy and how the punishments are less severe.
What the case may be, in a set of criminal proceedings, is that what is known as "
the burden of proof" falls upon the prosecutor.
Under this burden, the defendant has no obligation to prove their innocence. At the same time under this burden,
the standard of proof the prosecutor must meet is much higher than in civil cases. It's much higher because the defendant's freedom is at risk and also because the defendant is facing a more severe penalty. After all, criminal convictions, from
felonies to
misdemeanors, tend to carry heavier consequences for a defendant than civil penalties do in civil suits.
Read more
___________________________
In my opinion, the prosecutor will focus on Irvin's self-admit lack of memory about the events due to drinking against him. Irvin's defense will object that their client's non-recollection does not dispute the video evidence. However, I doubt the judge will advise the jury to disregard what Irvin said since it will be a matter of public record. Thus, the prosecution can argue Irvin did what Marriott claims despite what may be shown in the video since the employee gave her account of the event and Irvin cannot deny what happened based on her testimony because he does not remember what happened during their encounter.
The defense's entire case hinges on the video evidence. I hope for Irvin's sake that the video displays their interaction in crystal clear terms. The case would not be tried in a criminal count after all. Lingering doubt works in the prosecution's favor moreso than for the defense in civil court.
