Please cite the legal precedence, I say he could, my friend says no.
2007-09-26 04:14:22 · 20 answers · asked by USAF, Retired 6 in News & Events ➔ Current Events
It comes directly from the US Constitution. NO DOUBLE JEOPARDY: Once a person has been acquitted of a crime, they cannot be tried again. The idea behind it is so people who have been accused and tried and found innocent can't be taken to court over and over again until a jury finally finds him guilty. It keeps that person from being able to live his/her life.
http://caselaw.lp.findlaw.com/data/constitution/amendment05/02.html#1
2007-09-26 04:26:04 · answer #1 · answered by Serena 7 · 4⤊ 0⤋
The only way he could be tried again, would be on the Federal level and they have to prove that it was racially or ethically motivated..
Then and only then can the Feds step in...If the Feds. ever got evidence that O.J. was angry because Ron Goldman was Gay?..or that he was white with his ex wife( mother of his children) then they could go after him...only way it could happen...seems O.J. is a little smarter than that...if he opens his big mouth (like he normally does?) then someone could potentially go through the Federal Courts after him..Only way that they could do it..Once you are aquitted on a state level?..Hard to pursue other charges...though the Browns and Goldman's were able to get a civil trial and win any future monies from O.J...But, his lawyers were smart enough to hide most assests...figure, the Dream Team as it was called...
2007-09-26 12:04:48 · answer #2 · answered by iceman55mew 4 · 1⤊ 0⤋
Because of double jeopardy, he cannot be tried again. And as for him coming out and saying he did it on live TV, he wrote a book that many consider a confession to the murders. There's no evidence Ron Goldman was gay, so the idea of trying OJ for a hate crime is almost nil.
He was tried in CIVIL court and found responsible for the murders, as you only need preponderance of evidence in a civil trial. He has yet to pay a penny on the judgment.
2007-09-26 23:20:12 · answer #3 · answered by VeggieTart -- Let's Go Caps! 7 · 0⤊ 1⤋
Sorry, but your friend is correct. Double Jeopardy Laws would not allow him to be tried twice for the same crime. These laws were put in place so that all citizens in the United States could not be tried over and over again for the same crime. O.J. could go on T.V. right now and say that he killed his wife and her friend, and nothing would ever happen to him.
2007-09-26 12:18:09 · answer #4 · answered by kat_kris2001 2 · 0⤊ 1⤋
No he can't be charged with the murder but if someone else did it and he was involved in any way (such as hiring someone or just being there if say, his son did it) he could be charged as an accesory to a murder.
That's what is so damn sad about it. He could of written a book the next day "HOW I did It" and there would be no legal recourse if he acted alone (which he probably did)
2007-10-01 17:53:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
NO. Murder is a crime with no statute of limitations. The prosecutors can take a great deal of time to get ready for a case before they try it. Our constitution keeps us from being tried for the same crime once we have been tried. If the trial had be declared a mistrial he could have been tried again. He was found not guilty. Now if they had been smart they would have tried him for the murder of only one of the victims. Then they could have charged him for the other later if they found more evidence.
2007-09-26 12:11:54 · answer #6 · answered by Anonymous · 2⤊ 0⤋
no it's double jeopardy. look up a case on a guy named Mel Ignatow in Louisville, KY. he killed his girlfriend with help from his ex girlfriend& took photos of him torturing her and hid them in the floor of his house. He was found not guilty even though his ex testified against him, and after his aquittal, a carpenter in his old home found the photos. and the only thing they could get him on was lying under oath which he did a little time for.
edit -
to the poster on the different courts. wasnt he already tried in civil court for it and convicted? and also sexual orientation is not yet considered a basis for a hate crime. they could say he did it because they were white but not gay. people have been pushing to add sexual orientation to the list of what qualifies as a hate crime, but from my understanding it has not been added yet.
2007-09-26 11:55:24 · answer #7 · answered by crlb 3 · 2⤊ 0⤋
Double jeopardy is a procedural defense (and, in many countries such as the United States, Canada, Mexico, Japan and India, a constitutional right) which forbids that a defendant be tried twice for the same crime.
2007-09-26 11:24:09 · answer #8 · answered by Monica M 3 · 4⤊ 1⤋
That would violate the Double Jeopardy clause of the Constitution of the United States wherein no person may be tried for the same crime twice.
2007-09-26 11:19:35 · answer #9 · answered by Anonymous · 4⤊ 1⤋
No, sadly no. It does not matter if a ton of new evidence was presented, it would not matter if he stood up and said I killed her. He has been tried once and found not guilty. He cannot be tried again for the same crime. It is called double jeopardy.
2007-09-26 11:59:02 · answer #10 · answered by Anonymous · 1⤊ 1⤋