Is OJ Simpson going to be retried for murder in Federal Court?

Question

Double Jeopardy will not apply if it happens.

Answer 1

You are correct that double jeopardy would not apply, but I don't see any federal law that he would have violated, unless they used the "depriving of civil rights" basis that was used in some federal prosecutions during the civil rights era. I do not expect to see that happen.

Answer 2

There would have to be some basis for the crime to have jurisdiction under the Federal System, i.e. OJ killed the people, then moved the bodies across state lines; OJ called from Florida, telling the hitmen what to do, et al.

Further, the defense would have the argument of res judicata; the issue had already been setled under the state system, because the same elements for murder under state law nearly mirror the elements under Federal law.

However, if the state murder statute was not similar to the federal statute, and the federal prosecutor could establish federal jurisdiction/venue, double jepardy would not apply, since they are crimes with different elements, and different venues.

That is why someone violating federal drug law can also be prosecuted in Superior Court, and vice versa.

Scary, huh?

Answer 3

Just to be clear, and this has been pointed out by many, if OJ were tried in a federal court for the exact same crime, it would NOT be double jeopardy. The state and federal governments are different sovereigns or jurisdictions. Nothing prevents the Federal government from trying and convicting someone already convicted of a similar crime (derived from the same acts) in state court. Just ask Oklahoma City Bombing accomplice Terry Nichols who was convicted of manslaughter and sentenced to life in prison by the Federal court and then tried and convicted of murder by the State of Oklahoma for killing the same individuals, receiving life again. Now in OJ's case, I can't see that he broke any federal laws (Nicholls bombed a federal buidling and killed federal officers - both federal crimes). There was mention of civil rights violations, but those only apply to state actors - those who are acting under the color or title of state authority. OJ was just a private citizen. So the bottom line is there is no constitional barrier to tryinf OJ in federal court, but there is a factual one - he didn't commit any federal crime.

Answer 4

No, Double Jeopardy will apply if he is tried for the same crime twice whether it is state or federal or once of each courts.
What does happen sometimes, is if in a state or county court a trial occurs for a violent act or murder such as, "the Houston Police officers that threw a drunk Hispanic American into a river with his hands handcuffed behind him" (of course he drowned to death). They were found not guilty of manslaughter nor murder in a county court.
The federal justice department stepped in and charged the officers with violation of Civil Rights under federal code and convicted them.
I do not think OJ Simpson can be tried for violation of civil rights.

Answer 5

OJ was tried by the state in a criminal action. He can not be tried again by the state for the same thing.

OJ was sued by the family in a civil action. He lost. He can not be sued again for the same thing.

OJ can not be tried by the feds becuase he did not break any federal law. (Unless you think a Black man killing a White woman was due to him wanting to deny her her civil rights. I don't think that will fly.)

IMO he was guilty. The Judge screwed up but more than him, the prosecution attorney Marcia Clark screwed up letting Mark Ferman get on the stand KNOWING he was going to lie. She knew he had been taped calling blacks, "N.....ers" and she knew he was going to deny ever doing it. Once they caught him in a lie, all of his testimony was negated, including his claim about finding the bloody socks in OJs house. It wasn't the gloves, it was a tainted witness.

Answer 6

He cannot be retried for murder but he can be tried for something else.That is the way they got the case against him for the money he had to pay the families of the victims.

Answer 7

neither will final jeopardy..even if he doesnt put his answer in the form of a question.....he still can never be retried which proves that you truly can get away with murder

Answer 8

Nice thought and the gloves did fit on the Murdering bucks hands too.

Answer 9

Impossible. I don't understand your comment about double jeopardy, since that's exactly what it is.

Answer 10

No. His crime wasn't a Federal one like kidknapping or dragging a body across state lines.