Post-Declination Remedy & Evidence Matrix

1. Why Civil Torts Survive a "No Bill"

A criminal grand jury declination requires finding insufficient probable cause to indict under the state's criminal penal code, heavily reliant on prosecutorial presentation and closed proceedings.

Civil wrongful death and survivor actions require only a preponderance of the evidence (50.1%). Defendants who cannot be criminally indicted can still be held liable for compensatory and punitive damages under ordinary negligence or gross recklessness.

2. Civil Discovery vs Grand Jury Secrecy

Rule 6(e) and state equivalents strictly seal grand jury testimony, transcripts, and deliberative exhibits. Victims' families are often left in the dark about what evidence was presented.

• Civil subpoena power allows direct depositions of companions and crew under oath.
• Cellular tower records and vessel engine diagnostics can be compelled directly from telecom and marine carriers.
• Failure to answer in civil court allows adverse inference instructions in many jurisdictions.

3. Offshore & Maritime Remedies

When fatalities occur on navigable waters, coastal waters, or high seas (e.g. offshore boat trips):

• DOHSA (Death on the High Seas Act) applies beyond 3 nautical miles from shore.
• General Maritime Law & Negligence governs coastal waters, imposing rigorous vessel operator duties and seaworthiness standards.
• Independent petitions for a Coroner's Inquest or state attorney general special prosecutor can reopen unresolved findings.