FrankMurphy

March 4th, 2016 at 3:59 PM ^

Irrelevant but interesting factoid: there is only one instance in US history where a court effectively made an exception to the double jeopardy rule and allowed a defendant to be tried on the exact same charge of which he had been acquitted years earlier. The defendant was a mob hitman who was acquitted of murder in 1977 because his bosses bribed the judge in the original trial. According to the court that re-tried him in 1994, the original trial was a sham and the defendant was thus never truly put "in jeopardy of life and limb", so double jeopardy never actually attached. 

ldevon1

March 4th, 2016 at 12:35 PM ^

Would you deem this a relevant or even talk worthy topic? He can't be re-tried (double jeopardy). We all know he did it, and he is in jail for other stupid things. 

NRK

March 4th, 2016 at 2:26 PM ^

I agree Cuba Gooding Jr. might not strike as much fear as OJ due to build, but the emotional swings he seems to have pretty down. I've been very impressed with the acting (I dislike Travolta a lot, but man the guy was made to play Bob Shapiro, Vance as Cochran, etc.). The show is extremely enjoyable.

 

And we're about to get into the "slam dunk case" falling apart. Should be very fascinating.

xtramelanin

March 4th, 2016 at 12:37 PM ^

will be found on the knife.  you better come clean hatter, or the judge will throw the book at ya!

stephenrjking

March 4th, 2016 at 12:43 PM ^

Well, this will prompt lots of sound and fury signifying nothing. But those of us old enough to remember will follow. Because this is an interesting addendum to something that was once a huge deal.

Gucci Mane

March 4th, 2016 at 12:47 PM ^

There have been people from the jury come out and say they always believed he was guilty. It was never about a lack of evidence, but rather his defense turning the whole thing into a race issue.

mGrowOld

March 4th, 2016 at 2:17 PM ^

The thing I remember most about the case now 20+ years later was the scene in my office when the verdict was announced.  If you remember, the jury only went over for a few short hours which had everyone believing it was a quick guilty verdict.  When they announced innocent on all charges all the white guys (there were about 10 of us total in the office - half white and half black) were looking at each other with mouths open saying "what the fuck?   How in the HELL did he get aquited???"  While the black guys were jumping up and down, hugging each other and yelling "YES" over and over.  

It was all about race, not evidence, even for us just watching from afar.

TIMMMAAY

March 4th, 2016 at 3:30 PM ^

And I think the political climate in California at the time was the main cause of the outcome of the trial. The LA riots were still fresh in everyone's mind, Rodney King was still a household name, and so forth and so on. 

FrankMurphy

March 4th, 2016 at 5:03 PM ^

At the risk of violating the "no politics" rule, this is an interesting perspective I heard from one of my Black friends: "We're not dumb, we know he probably did it. And it wasn't our intention to cheer on a murderer. But after decades of watching White dudes commit crimes against Blacks and walk away scot-free, and less than five years after watching four White cops get away with brutalizing a Black motorist, it gave us some satisfaction to see a brother turn that equation around. That doesn't make it right, but it's just how we felt."

Wolfman

March 4th, 2016 at 7:13 PM ^

for the wrong man. O.J. was about as "typical black man" as I am "your typical billionaire." O.J. was black in skin color only. If not for his career, going from juco to USC and HOF NFLer, thanI could understand his reaction. 

However, the allowances given him made him anything but the "typical oppressed" black man. I have no trouble with the verdict, simply because his all-star defense team made the LA. PD look like exactly what they are. There were so many instances during the course of the trial where it became extremely clear they virutally ensured the verdict. I had no problems telling any of my white friends that had I been a member of that jury, I would have had no choice but write "Not Guilty" on that little piece of white paper given me.

There are, as you are fully aware, certain things in our constitution that, when followed by the authorities assure a fair, unbiased outcome. When one is not followed, exacerbated by about 15 more being ignored, the nature of the crime becomes moot because the only fair verdict can be the one handed down.

Your black friends were cheering because O.J. could afford the same defense team any other multi-millionaire would have hired facing the same charges. They were, in effect, cheering the exact reason for the still existing huge disparity in regard to the way whites and blacks are treated when facing the same charges.

The only thing we can be sure of is their is no proof of the one-armed man, reportedly seen leaving the scene of the  crime moments before police arrived.

gord

March 4th, 2016 at 1:44 PM ^

He can't be charged with murder in CA again but depending on the circumstances someone in the US can be tried for the same crime twice.  There was a push to bring federal charges against George Zimmerman as a recent example.  Michael Vick was convicted in state and federal court.  LAPD officers were convicted in federal court of violating Rodney King's rights.

NRK

March 4th, 2016 at 1:59 PM ^

Yes, but it would need to have a violation of a federal statute. So you'd need to have a federal offense that you could point to before there could be federal cause of action. Concept is known as "dual sovereignty" .

All of the cases you are talking about there was a federal statute that the federal government could prosecute under that was separate from the state jurisidction. (Zimmeran, Rodney King/LAPD where federal civil right statute violations; MIke Vick charge was predicated on federal animal fighting charges based on interstate commerce).


Theoretically they could bring a civil rights charge if they could present a theory. It'd be a stretch because there's not great grounds.

 

This has been raised before:

 

http://www.slate.com/articles/news_and_politics/explainer/2006/11/could…

 

 

NRK

March 8th, 2016 at 11:09 AM ^

Not my area of expertise - so I can't say definitively, but there are a number of exceptions to SOL, especially in the civil rights area under. I don't know if there's one simple enough for the crime or if you could try to shoehorn the crime into one of the other exceptions. So... theoretically yes, but if they thought they had enough they might try to find a way.