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My husband says that if a man and woman get into a fight and the man hits the woman and the woman does not press charges that the state picks it up then charges theman is this true?

2006-12-05 20:18:40 · 5 answers · asked by meshiel j 1 in Politics & Government Law & Ethics

5 answers

OJ Law becomes a precedent and the man is always declared not guilty when conflicts occur between couples.

2006-12-05 20:51:36 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

Not called the OJ law. In a domestic fight either one can be charged depending on what happened (who initiated it/who acted in self-defense). The police looks at the evidence (bruises etc), the couples and witnesses statements and can arrest (even if not one of the couple presses charges) if the evidence is strong enough to stand by itself.
OJ has always maintained his innocence and even a great portion of his recent book is probably defending himself against false allegations. Concerning his trial here's a few things that the jury may have considered:
-The investigator who found the glove later committed PERJURY regarding his extreme racist comments.
- Another investigator took a vial sample of OJ's blood from the lab and carried it INTO the crime scene.
- The glove DID NOT fit OJ's hand (wrong size).
- There never was the amount of blood on OJ's body, clothes, house or car CONSISTENT with someone who had committed that crime in person..
- The murder weapon was NEVER connected to him or found.
- The jury was taken to visit OJ's house and DID NOT see the rumored large blood trail.
- There were no witnesses to the actual crime.
Likely the jury found him innocent because there was a LACK of real evidence to convict.
Some may disagree with the verdict but it's unfair for them to say with absolute certainty that this man is guilty.
Read this:
http://members.aol.com/CntrbndMag/oj.html
One of the World's top forensics scientists Dr. Henry Lee who worked on the case during the trial and saw the evidence, wrote a very good book "Cracking Cases" and makes some interesting points about OJ not being the one who committed this unfortunate crime.

2006-12-06 15:19:00 · answer #2 · answered by sunshine25 7 · 0 0

Opinio juris sive necessitatis or Opinio juris (loosely translated into English as "opinion of justice") is the belief that a behavior was done because it was a legal obligation. This is in contrast to a behavior being the result of different cognitive reaction, or behaviors that were habitual to the individual. This term is frequently used in legal proceedings such as a defense for a case.

Opinio juris is the subjective element of customary international law as it refers of beliefs. The other element is state practice, which is more objective as it is readily discernable. To qualify as state practice, the acts must be consistent and general international practice.


if the police is called in a home for domestic violence ,even if the woman does not press charge , yes ,the law charges the man with domestic violence ....it is now a crime against the state ....
even if you dropped the charges if charges were made ?
What if I decide to drop the charges?

That decision is not yours to make. Your forgiveness does not excuse your partner from the consequences of committing a crime. As the victim, your opinion and perspective are important. But an act of domestic violence is, by law, # a crime against the state — not just a crime against you.# If criminal charges are filed, it is up to the judge and, in some cases, a jury to decide whether there is enough evidence for a conviction.

2006-12-05 21:00:12 · answer #3 · answered by HJW 7 · 0 0

Cal statute 345.76 OJ law: only applies to Ex football players who drive white broncos eluding plice. If said football player leaves DNA behind case is to be thrown out. If said football later writes a book detailing how he did it nothing should be said. These laws only apply to capital murder cases. For non Ex football players please refer Normal person law.

Normal person law Cal statute 4762.23 : Guilty next.........

sorry but if visable evidence of assault is present you will be charged witha domestic. regardless of who does or does not press charges. So yes you will be prosecuted.

2006-12-05 20:33:35 · answer #4 · answered by horgurce 3 · 0 1

yes or the other way around also so DON'T HIT unless you eat a lot of Twinkies that will get you off ask any resident of San Francisco

2006-12-05 20:25:50 · answer #5 · answered by Anonymous · 0 0

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