"Crossing-Over:" The Issue-Preclusive Effects of a Civil/Criminal Adjudication Upon a Proceeding of the Opposite Character

Abstract

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.