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What is that even supposed to mean? He has to prove that his actions where justified. How is his a no-win situation? Is his plan to first argue that he's innocent because he wasn't trained correctly and acted out of fear and then claim in the second case that he actually received proper training?
Seems to me like it would make more sense to want the cases to go simultaneously since the civil case can use any evidence and admissions from the criminal case.
If they are tried at the same time, there is a chence that would not work because of deadlines to submit evidence.
I have no idea what that argument is supposed to be.
Civil cases have a lower standard of evidence, and fifth amendment protection is weaker. Defendants can end up in a situation where they have to say something in a civil trial that then kills their defense in the criminal trial.
On the flip side, if the criminal trial gets a conviction, then the civil trial is a lot easier.
What could be example of something like this in this case?