Since a civil suit cannot seek imprisonment of a defendant found guilty or liable, but generally damages (money), defendants in civil suits are more often wealthy individuals, corporations, government bodies or officials than in criminal trials. Over the last decade or two, we have seen the proliferation of "class action" lawsuits, where hundreds or thousands can join together to take on a corporation or government agency. I believe that the vast majority of cases where police brutality has been proven have not been criminal cases where the guilty cops were locked up in jail, but in civil suits where individual cops and often their employers are forced to cough up some money to the victims.

It seems to me that the small minority of cases where our class has won some justice from the capitalists' courts have been overwhelmingly in civil cases. From the descendants of interned Japanese-Americans and nuclear weapon guinea pigs to victims of Love Canal, the Dalkon shield, nicotine and asbestos, to Ramona Africa and Mark Curtis, the only justice they found through the courts was in civil cases where a judge or jury (the latter not necessarily by a unanimous vote) found their charges credible by a preponderance of the evidence. In arguably the greatest legal victory for the democratic rights of our class and its vanguard in modern times, a federal judge ruled for the plaintiffs Socialist Workers Party and Young Socialist Alliance (among others) and against the defendants including the U.S. Attorney General, FBI, and CIA by a preponderance of the evidence in a civil lawsuit organized by the Political Rights Defense Fund.

While a criminal trial requires an indictment or charges filed by a grand jury or district attorney (i.e., an agent of the capitalist state) acting in the name of "the people," any worker who can find a lawyer can file a civil suit. I agree with the points Craine's article makes specifically about the Simpson case, especially in highlighting the issue of "double jeopardy," but I think the critique of the standards of civil trials needs to be re-examined.

Gary Boyers

Detroit, Michigan

O.J. Simpson II
This will probably be one of many letters to the Militant concerning your characterization of O.J. Simpson's life as a "social parasite." While I agree with your overall sentiment that the second Simpson trial placed him in double jeopardy, I strongly disagree with your characterization of his life.

There are huge layers of the population in the United States that produce absolutely nothing of value. Insurance companies, banks, advertising agencies, investment houses all absorb tremendous amounts of capital, but produce nothing that working people need or want. Therefore, should we label everyone who works in these enterprises as a "social parasite?" I don't think so.

Harry Ring pointed to the real social parasites in a quotation from the Los Angeles Times. "Assets of the world's top 358 billionaires exceed the combined annual income of almost half the world's people...." These billionaires, and those who approach their wealth, live off the labor of working people and are totally alien to our interests. Although O.J. Simpson is a millionaire, his assets don't even come close to those people who own half of the world's wealth.

Simpson, at various times in his life, was a professional athlete, an actor, a sports-caster, a promoter of Hertz Rent-A-Car, and someone who made money on investments. In my opinion, this is reflective of a person who is a part of the middle class. Although individuals who are a part of the middle class frequently are not involved in producing the goods and services we all need, it is not useful to label them as "social parasites."

Steven Halpern

Philadelphia, Pennsylvania

The letters column is an open forum for all viewpoints on subjects of general interest to our readers. Please keep your letters brief. Where necessary they will be abridged. Please indicate if you prefer that your initials be used rather than your full name.  
 
 
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