Can a judge in a civil case dispose of civil liability as a function of restitution in a criminal case?

California, United States of America


The following excerpt is from People v. T.A. (In re T.A.), B267651 (Cal. App. 2016):

"Disposing of civil liability cannot be a function of restitution in a criminal case. To begin with, the criminal justice system is essentially incapable of determining that a defendant is in fact civilly liable, and if so, to what extent. . . . A party sued civilly has important due process rights, including appropriate pleadings, discovery, and a right to a trial by jury on the specific issues of liability and damages. The judge in the criminal trial should not be permitted to emasculate those rights by simply declaring his belief that the defendant owes a sum of money." (People v. Richards (1976) 17 Cal.3d 614, 620, disapproved on another ground by People v. Carbajal, supra, 10 Cal.4th at p. 1126.)

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