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Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review

Michigan Law Review

The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …