Legal Communication – Nicola Sarjeant

OJ Simpson – Homework Discussion Questions

Read the background information below, then watch the three videos:
“The OJ Simpson Arrest and Trial”
“Flashback: Fifteen Years Since OJ Verdict”
“Simpson jailed for kidnap and robbery”

Answer the following questions on the OJ Simpson Discussion Forum (try to

write at least 3~4 sentences for each question):

1. OJ Simpson was found not guilty of murdering Nicole Brown Simpson and
Ron Goldman. He then lost the civil case against him and was ordered to
pay $33.5 m in damages. How do you feel about the fact that someone can
be found not guilty in a criminal trial, yet still be sued in a civil trial?

2. OJ Simpson’s original trial was televised and was one of the most watched events in American history.
Because he was so notorious, it was virtually impossible to find jurors who had not heard of him for his 2008
Las Vegas burglary trial, for which he was found guilty and sentenced to 9 to 33 years in prison.

a) Do you think his previous murder trial and acquittal influenced the (all-white) jurors in the burglary trial?
Why/why not?

b) Both OJ Simpson and Louise Woodward’s trials received massive publicity. Do you think criminal trials
should be televised and broadcast to the public? Why/why not?

Reply to two other people’s posts before next class.

Background Information

Orenthal James “OJ” Simpson (born July 9, 1947) is a retired American football player, football broadcaster, actor,
and spokesman.

Criminal trial for murder (1995)

On June 12, 1994, Nicole Brown Simpson (his ex-wife) and her friend Ronald Goldman
were found dead outside Brown's condominium. Simpson was charged with their
murders. After failing to turn himself in, he became the object of a low-speed pursuit in
a white Ford Bronco SUV. The pursuit, arrest, and trial were among the most widely
publicized in American history.

The trial, often characterized as "the trial of the century," culminated on October 3, 1995
in a jury verdict of “not guilty” (acquittal) for the two murders. The verdict was seen live
on TV by more than half of the U.S. population, making it one of the most watched
events in American TV history. Immediate reaction to the verdict was notable for its
division along racial lines: polls showed that most African-Americans felt that justice had been served by the "not
guilty" verdict, while most white Americans did not.

Civil trial (1997)

The families of Ron Brown and Nicole Simpson sued OJ Simpson for wrongful death1, in a trial that took place
over four months in Santa Monica and was not televised (by judge's order). On February 5, 1997 a civil jury in
Santa Monica, California unanimously found Simpson liable for the torts of wrongful death of and battery2 against
Goldman, and battery against Brown. Simpson was ordered to pay $33,500,000 in compensatory and punitive
damages to their families (most of which is still unpaid, partly because Simpson spent much of his money on his
criminal defense).

If I Did it
Simpson gained further notoriety in late 2006 when he wrote a book titled If I Did It. The book, which purported to
be a first-person fictional account of the murder, had he actually committed it, was withdrawn by the publisher just

1
Wrongful death: The taking of the life of an individual resulting from the willful or negligent act of another person or persons –
this suit can be brought by close relatives of the deceased.
2
Battery: diirect or indirect, intentional or reckless, unlawful-use of force against another person resulting in offensive
contact.
Legal Communication – Nicola Sarjeant

before its release due to public protest. The book rights were later awarded to the Goldman family. The book was
renamed If I Did It: Confessions of the Killer, with the word "If" reduced in size to make it appear that the title was
"I Did It: Confessions of the Killer", and comments were added to the original manuscript. The author was listed as
the Goldman family.

Watch the videos about the criminal trial:

“The OJ Simpson Arrest and Trial” http://video.google.com/videoplay?docid=3957498954891065909#
“Flashback: Fifteen Years Since OJ Verdict” http://abcnews.go.com/US/video/flashback-15-years-oj-verdict-
11792926

Las Vegas burglary trial (2008)

In September 2007, a group of men led by Simpson entered a room at the Palace Station hotel-casino and took
sports memorabilia at gunpoint, which resulted in Simpson being questioned by police. Simpson admitted to
taking the items, which he said had been stolen from him, but denied breaking into the hotel room; he also denied
that he or anyone else carried a gun. He was released after questioning.

Two days later, however, Simpson was arrested. Along with three other men, Simpson was charged with multiple
felony counts, including criminal conspiracy, kidnapping, assault, robbery, and using a deadly weapon.

By the end of October 2007, all three of Simpson's co-defendants had plea bargained in exchange for reduced
charges and his testimony against Simpson. Simpson entered a plea of “not guilty”.

The case went to trial, and Simpson was found guilty of all charges on October 3, 2008. On December 5,
Simpson was sentenced to a total of 33 years in prison, with the possibility of parole in about 9 years.

Watch the video about the burglary trial “Simpson jailed for kidnap and robbery”
http://news.bbc.co.uk/2/hi/americas/7768617.stm

Criminal and civil liability

It is possible to be held both criminally liable and civilly liable, if your act was both a crime and a tort. Therefore,
for example, a rapist could be found criminally guilty for rape and be sued for the tort of “battery”. In practice it
doesn’t happen that often, because most criminal defendants don’t have much money, especially after a criminal
trial.

If you are found guilty in a criminal trial, then it will make the civil plaintiff’s case much easier, as that fact will be
binding in the criminal trial (though you would still have to prove damages).

If you are found not guilty in a criminal trial, you can't take advantage of the criminal verdict in the civil case, for
two reasons. First, the criminal verdict simply shows that there was at least reasonable doubt about whether you
were guilty. That doesn't stop the plaintiff from proving your guilt by a preponderance of the evidence (the
standard usually required for civil liability) or even by clear and convincing evidence (the standard generally
required for punitive damages in civil cases).

Criminal trial
- the prosecution had to prove Simpson committed the murders "beyond a reasonable doubt”
- the jurors had to be unanimous in their decision
- Simpson did not have to testify (though he could have if he’d wanted to) – jurors were not allowed to hold his
decision to remain silent against him
- if found guilty, he would have received a prison sentence

Civil trial
- the plaintiff -- in this case the families of Nicole Brown Simpson and Ronald Goldman – had to prove Simpson
committed the murders by a "preponderance of the evidence" (i.e. more than 50% chance he did it)
- to get punitive damages, the plaintiffs had to establish “clear and convincing evidence” (higher standard)
- only 9 of 12 jurors had to agree
- Simpson was compelled to testify
- if found liable, he would have to pay damages (which he was - $33.5 million in compensatory and punitive
damages)

Sources: “O.J. Simpson” < http://en.wikipedia.org/wiki/Oj_simpson>; “Criminal Liability and Civil Liability” <
http://volokh.com/posts/1220550026.shtml>; “Simpson Civil Trial Explainer” <
http://edition.cnn.com/US/9609/16/simpson.case/index.html>;