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I know about double jeopardy, but is there ANY chance that if there's some sort of slip of the tongue, if he could be re-tried?

 

If not, he might as well just come out and say it, move to some foreign country, like Maine, and drop out of existence.

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QUOTE(CanOfCorn @ Nov 15, 2006 -> 02:39 PM)
I know about double jeopardy, but is there ANY chance that if there's some sort of slip of the tongue, if he could be re-tried?

 

If not, he might as well just come out and say it, move to some foreign country, like Maine, and drop out of existence.

 

Perjury is the big thing they could get him with.

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QUOTE(CanOfCorn @ Nov 15, 2006 -> 01:39 PM)
I know about double jeopardy, but is there ANY chance that if there's some sort of slip of the tongue, if he could be re-tried?

 

If not, he might as well just come out and say it, move to some foreign country, like Maine, and drop out of existence.

 

 

No he can't be re-tried for the Murders.

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QUOTE(BHAMBARONS @ Nov 15, 2006 -> 02:44 PM)
No he can't be re-tried for the Murders.

 

Correct. The SOL doesn't apply, because he received a fair trial. The Fifth Amendment prevents a person form being tried twice for the same crimes.

Generally, individuals may be tried only once for a particular offense under the double jeopardy clause. Originally, the protection against double jeopardy did not extend to prosecutions in state courts. In Benton v. Maryland 395 U.S. 784, (1969), the Supreme Court "incorporated" the clause under the Fourteenth Amendment, meaning that state courts were now required to honor the protections of the Fifth Amendment in state criminal proceedings as well.

 

The Fifth Amendment refers to being put in "jeopardy of life or limb." The clause, however, has been interpreted as providing protection regarding "every indictment or information charging a party with a known and defined crime or misdemeanor." The clause, it has been held, does not prevent separate trials by different governments, and the state and federal governments are considered "separate sovereigns". Thus, one may be prosecuted for a crime in a state court, and also prosecuted for the same crime in another state, a foreign country, or (most commonly) in a federal court.

 

Once acquitted, a defendant may not be retried for the same offense: Ball v. U.S. "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense." 163 U.S. 662 at 672 (1896). Acquittal by a jury is generally final and cannot be appealed by the prosecution, Fong Foo v. United States, 369 U.S. 141 (1962). An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution, United States v. Jenkins, 420 U.S. 358 (1975). A trial judge may normally enter an acquittal if they deem the evidence insufficient for conviction. If the judge makes this ruling before the jury reaches its verdict, the judge's determination is final. If, however, the judge overrules a conviction by the jury, the prosecution may appeal to have the conviction reinstated.

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QUOTE(Steff @ Nov 15, 2006 -> 04:27 PM)
I do believe they can re-try him on the federal level. There is no SOL on Murder.

 

 

 

Did some research so I need to edit...

 

The only way he can be retried, at either the state or federal level - and it wouldn't be retried because he can't be put on trial for the SAME crimes as noted earlier - would be if he slipped up and revealed details of the crime only the killer.. or the person they hired... were brought to light. The only shot at him spending any time in jail for the murders is as an accessory.

 

His say will come.

 

 

 

QUOTE(Texsox @ Nov 15, 2006 -> 05:48 PM)
The SOL doesn't apply, because he received a fair trial.

 

 

The SOL has nothing to do with him or his trial or how full of s*** it was.

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To clarify, if it was proven he tampered with the jury, bribed the judge, etc. he could be tried again, because he had not placed himself in jeopardy. Since the trial was considered fair, he can't be tried again.

 

The courts have also taken a dim view of prosecutors looking for work arounds to this. In one case where a defendant robbed seven people at once, the prosecutor first tried the defendant for robbing only one of the victims. After the defendant was acquitted, the prosecution tried again, won, but had the conviction overturned on appeal.

 

Of course his real judgment day will arrive and hopefully he will receive his just rewards.

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QUOTE(Jenksismyb**** @ Nov 16, 2006 -> 11:02 AM)
I hope that because of the civil damages he has to pay that all of the proceeds of the book and of his television appearance go to the family of the people he killed.

 

 

 

Not a snowballs chance in hell.

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QUOTE(Jenksismyb**** @ Nov 16, 2006 -> 11:02 AM)
I hope that because of the civil damages he has to pay that all of the proceeds of the book and of his television appearance go to the family of the people he killed.

 

They have been back and forth in courts for years. So far OJ has failed to pay any of the $33 million.

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QUOTE(Texsox @ Nov 16, 2006 -> 11:22 AM)
They have been back and forth in courts for years. So far OJ has failed to pay any of the $33 million.

 

What are they arguing on appeal? It's been at least 9 years....surely he's paid something. I remember hearing that he was broke after the trial, so if he hasn't paid the 33 million, or whatever they're eventually owed, any proceeds he gets from this would need to be spent on his debt to them. They could get a court order to freeze those proceeds before he can spend them too.

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QUOTE(Jenksismyb**** @ Nov 16, 2006 -> 12:06 PM)
What are they arguing on appeal? It's been at least 9 years....surely he's paid something. I remember hearing that he was broke after the trial, so if he hasn't paid the 33 million, or whatever they're eventually owed, any proceeds he gets from this would need to be spent on his debt to them. They could get a court order to freeze those proceeds before he can spend them too.

 

According to all the current news reports, he hasn't paid a dime.

 

 

Simpson has failed to pay the $33.5 million judgment against him in the civil case. His NFL pension and his Florida home cannot legally be seized. He and the families of the victims have wrangled over the money in court for years.

 

In recent years, Simpson has made money signing autographs at trade shows. But according to the National Enquirer, he's being paid $3.5 million for his story, reported CBS News correspondent Hattie Kaufman.

 

The victim' families could go after the proceeds from the book's sales to pay off the judgment. But one legal analyst said there are ways to get around that requirement — such as having proceeds not go directly to Simpson.

posted minutes ago

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QUOTE(Jenksismyb**** @ Nov 16, 2006 -> 12:06 PM)
What are they arguing on appeal? It's been at least 9 years....surely he's paid something. I remember hearing that he was broke after the trial, so if he hasn't paid the 33 million, or whatever they're eventually owed, any proceeds he gets from this would need to be spent on his debt to them. They could get a court order to freeze those proceeds before he can spend them too.

 

 

No appeal. His pension is off limits. Anything he's made over the past decade hs been paid to third parties and his "expenses" have been paid for him.

 

The proceeds from this will likely be paid to a third party as well.

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I don't care if he gets retried or has to pay more money. What jumps out at me is that the guy won't let the story go away. It's like he gets some kind of thrill from reliving it, so he intentionally opens up the wound every year or so. It continues to cause so much pain for the families involved and the guy just does not care.

If I was OJ, I woulda moved otta the country minutes after the words 'not guilty' came out of that juror's mouth.

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This book has instantly become a collectors item. Atleast now those intent on reading Simpson's account can follow Johnny Depp's character from "The Ninth Gate" and hunt it down themselves.

 

I'm not sure how many copies have been printed, but you have to imagine a sizable amount; since it was supposed to be released Nov. 30.

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QUOTE(Steff @ Nov 16, 2006 -> 01:54 PM)
No appeal. His pension is off limits. Anything he's made over the past decade hs been paid to third parties and his "expenses" have been paid for him.

 

The proceeds from this will likely be paid to a third party as well.

I believe the 3rd party has been his mother or the kids.

 

I imagine something will leak. I think early scuttlebut was that OJ was going to say "there would have been an accomplice" if he did it.

Edited by SoxFan562004
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