My friend and I were having a debate about this. He thinks even though O.J. was aquitted he could be tried for the same crime in a federal court. But I think you can only be tried in a federal court if the crime is against the government. I don't really care if I'm wrong, I'd just like to know if he can or can't be. I'm guessing if he could be it would have been done by now!
2006-11-22 08:50:44 · 15 answers · asked by Sam 1 in Politics & Government ➔ Law & Ethics
Thanks to everyone! I got the answers I wanted (cause I was right and my friend wasn't!) :) lol Yeah I figured the whole double jeopardy thing and the fact that it wasn't against the federal govt. would make it impossible to do.
2006-11-22 10:42:52 · update #1
Thanks to everyone! I got the answers I wanted (cause I was right and my friend wasn't!) :) lol Yeah I figured the whole double jeopardy thing and the fact that it wasn't against the federal govt. would make it impossible to do.
2006-11-22 10:42:53 · update #2
Federal Courts (aka US District Courts) are reserved for civil and criminal actions where the United States is the Plaintiff (or Actionary). OJ's actions were levied as a crime against the state of California (arrest, indictment). Had he harmed an officer or agent of the federal government (such as Timothy McVey in OKC), he could have been tried by the federal court system. By virtue of "double jeopardy," OJ can not be tried by the state AND the federal government, nor can he be tried again for the same crime in which he was acquited even if new evidence is derived. Hope this helps...
2006-11-22 09:02:20 · answer #1 · answered by Anonymous · 2⤊ 0⤋
No. He can never be tried for the murders again, even if he now admitted he did it.
It is called double jeopardy. Once tried and found no guilty, you can never be tried again, fro the same murders or offense.
The only thing they can do is just what the families did do and that is to sue in Civil court for the wrongful death of those murdered.
2006-11-22 10:34:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He can't be tried for the same crime under "Double Jeopardy". The state of California took jurisdiction on the murder charge. He could only be tried for the Brown-Simpson and Goldman situation under another crime. Unfortunately, it appears that he'll remain a free man that got away with murder..literally.
2006-11-22 08:56:22 · answer #3 · answered by Chris B 4 · 2⤊ 0⤋
I'm pretty sure the only way any murder would be tried in federal court would be like war crimes. Or maybe killing a federal agent, like FBI or CIA, or a politician of Washington DC.
Although I guess the Supreme Court is considered a federal court.
2006-11-22 09:10:30 · answer #4 · answered by g b 2 · 0⤊ 0⤋
No, he can't be. The Bill of Rights provides that no one shall be twice put in jeopardy for a capital or otherwise infamous crime -- the famous "double jeopardy" clause. He's been tried and found not guilty, and that ends it unless new evidence turns up.
Don't be limiting. The State of California is a "government" too!
2006-11-22 08:56:16 · answer #5 · answered by Dick Eney 3 · 2⤊ 0⤋
Murder is not a Federal offense unless it takes place on a Federal Reservation. He possibly could be tried for violating the civil rights of Nicole and Ron.
2006-11-22 09:06:33 · answer #6 · answered by ? 5 · 1⤊ 0⤋
Technically yes they would have to use a statute normally called deprivation of civil liberties that said as tainted as the evidence was and the length of time gone by the likelihood of it happening is about zip
what a bunch of tube heads here, as stated there is a federal statute depriving civil liberties that would NOT bring the double jeopardy clause into play since it is unrelated to an actual murder charge, also if he testified at trial (I don't remember if he did or not) and then confessed he could be tried for perjury, so there are still legal remedies but as I stated earlier at this late date I doubt anything will ever be done about it
2006-11-22 08:53:45 · answer #7 · answered by Anonymous · 1⤊ 2⤋
You know, murder is basically a state offence, one over which federal law doesn't meddle. Even multi state mass murderers don't get federal trials, they get several trials in all the states where they committed murders.
I don't know if there is such an offence as federal murder, but if there is, the elements must be very peculiar, and the OJ murders probably dont fill the bill.
PS... and that's even forgetting the double jeopardy angle that makes him free from further prosecution over that matter.
2006-11-22 08:55:43 · answer #8 · answered by Svartalf 6 · 5⤊ 1⤋
He cannot be tried in federal court for murder. Murder is not a federal offense. He may be tried for depriving Ron and Nichole their civil rights, but that's a long way to go.
2006-11-22 09:44:45 · answer #9 · answered by Anonymous · 0⤊ 0⤋
nope, it would be double jeopardy
and no matter what, Double Jeopardy comes into effect. He's already been tried on the state level for the murder of nicole brown simpson. can't be tried for the same crime, no matter what level of court it is.
http://www.lectlaw.com/def/d075.htm
http://en.wikipedia.org/wiki/Double_jeopardy
2006-11-22 09:41:03 · answer #10 · answered by arus.geo 7 · 0⤊ 0⤋