This article explores the area of "cross-over" collateral estoppel in civil/criminal actions. The article examines the legal history of the concept that a validly-entered judgment has issue-preclusive effects in a subsequent litigation. Following the exploration of collateral estoppel which "crosses over" from a civil to a criminal litigation, or vice versa, the article concludes that conventional arguments regarding the disutility of "cross-over" estoppel should be rejected, to be replaced with an analytical approach which recognizes the specific virtues which the concept can exhibit in an appropriate context.
Northern Illinois University Law Review
Brenner, Susan W.
""Crossing-Over:" The Issue-Preclusive Effects of a Civil/Criminal Adjudication Upon a Proceeding of the Opposite Character,"
Northern Illinois University Law Review: Vol. 7:
2, Article 1.
Susan W. Brenner, "Crossing-Over:" The Issue-Preclusive Effects of a Civil/Criminal Adjudication Upon a Proceeding of the Opposite Character, 7 N. Ill. U. L. Rev. 141 (1987).