RE: OJ to confess to OW

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RE: OJ to confess to OW - 6/24/2011 2:47:19 AM

DomKen

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quote:

ORIGINAL: SternSkipper

quote:

Double jeopardy. He can't be tried for the same crime twice, even if he writes a book describing exhaustively how he carried out the crime (which he already did, incidentally.)

He was charged with 1st degree murder. I don't understand why they can't hit him with 1st degree manslaughter. I think double jeopardy applies to the charge and not the event.
Perhaps I am wrong... but that is how I believe double jeopardy works.

The Fifth Amednment says no

quote:

nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;

So once he was found not guilty no state charge could ever be brought against him again for that event.

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RE: OJ to confess to OW - 6/24/2011 7:13:44 AM

Iamsemisweet

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Yes, it is that simple. The State of California had their one and only chance.

quote:

ORIGINAL: pahunkboy

quote:

ORIGINAL: Palliata

quote:

ORIGINAL: pahunkboy

there is no statute of limitations on murder.

Double jeopardy. He can't be tried for the same crime twice, even if he writes a book describing exhaustively how he carried out the crime (which he already did, incidentally.)

I dont think it is that simple.

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RE: OJ to confess to OW - 6/24/2011 8:03:39 AM

AlwaysLisa

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Sorry...self defense doesn't make sense, any more then the interview story. OJ is a big guy, he couldn't disarm Nicole? The first cut would have seriously slowed her down, there wasn't any need to hack away at her until nearly removing her head.

Unless the dog starts talking, we will never know the truth, OJ will take it to his grave.

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RE: OJ to confess to OW - 6/24/2011 8:18:25 AM

tj444

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quote:

ORIGINAL: AlwaysLisa

Sorry...self defense doesn't make sense, any more then the interview story. OJ is a big guy, he couldn't disarm Nicole? The first cut would have seriously slowed her down, there wasn't any need to hack away at her until nearly removing her head.

Unless the dog starts talking, we will never know the truth, OJ will take it to his grave.

According to the article (if what he said is true), the cops have a 911 call where Nicole is pleading for help as OJ is hitting her so his story doesnt wash. Then he claims Ron attacked him when he saw her body,.. attacked OJ? with what? OJ was the one that had the knife! Again, it doesnt wash. Blame the victims. Lies, lies, lies.

But... Dont we already know enough? Do we really need the exact details?

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RE: OJ to confess to OW - 6/24/2011 10:28:22 AM

NuevaVida

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quote:

ORIGINAL: AlwaysLisa

Unless the dog starts talking, we will never know the truth, OJ will take it to his grave.

I think we already do know the truth.

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RE: OJ to confess to OW - 6/24/2011 9:56:28 PM

SternSkipper

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quote:

We were speaking, specifically, of an ADW charge.

But that would in NO WAY be an appropriate charge. The second the victim stops breathing you prosecute for a capitol crime. It didn't matter to me what the legal fantasy was about.

But it's moot, we're both making moot points... I looked at the fifth amendment and here's the relevant cite:

A defendant who is found "not guilty" of a more serious charge can not have a second trial on a lesser included offense. For example, if D is found "not guilty" on a charge of felony murder (e.g., incidental killing of someone during the commission of a felony, such as robbery), then D can not be tried for the underlying felony (e.g., robbery).
The prosecution can not appeal a "not guilty" verdict. Of course, the criminal defendant can appeal a "guilty" verdict and an incarcerated criminal can file a "habeas corpus" writ.

However, it is possible to try a defendant in criminal court and then try the same defendant again in civil court, for the same event. The most common example of such two trials is a criminal prosecution for homicide and then have a second trial for the same defendant for the tort of wrongful death: the most famous example of this situation is the cases of O.J. Simpson. While legal scholars carefully explain the distinction between criminal and civil law, the plain fact is that one can be tried twice for the same event. Another situation in which one can have two trials for the same event is a prosecution under state law (e.g., for assault and battery) in a state court, then a second prosecution in a federal court under federal statute (e.g., civil rights violation).

< Message edited by SternSkipper -- 6/24/2011 10:13:24 PM >

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RE: OJ to confess to OW - 6/24/2011 10:09:03 PM

BitaTruble

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quote:

ORIGINAL: SternSkipper

quote:

We were speaking, specifically, of an ADW charge.

But that would in NO WAY be an appropriate charge.

I wasn't the arguing for an ADW charge. I was explaining why such a charge could not be brought. You might want to speak to the other participant in my conversation who suggested it.

quote:

The second the victim stops breathing you prosecute for a capitol crime. It didn't matter to me what the legal fantasy was about.

There is another poster who was hypothesizing about what other charges could be currently brought against OJ. That's all the conversation was about.

quote:

Really? What relevance does california vs. guiterrez have in the OJ case?

That information has already been posted and is within the conversation I was having with the other poster.

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RE: OJ to confess to OW - 6/24/2011 10:12:48 PM

SternSkipper

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quote:

The Fifth Amednment says no

I did the research last night after looking .. and you're right, that's what the fifth says. And since the civil remedy has already been successfully pursued, I guess he can have a ball on Oprah.

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