OJ should not be in jail…for that

OJ Simpson should not be in jail for his 2008 crimes. In 1994 he was acquitted of the murders of Nicole Simpson and Ron Goldman. In 2008 he was convicted of burglary, kidnapping, conspiracy and possession of a deadly weapon. OJ claimed he had sports memorabilia and other things stolen, including family photos, and he held the thieves hostage in a Las Vegas hotel. He was sentenced 33 years in a Nevada prison.

Contrast that with his accomplice, Clarence “CJ” Stewart, who was with OJ through it all. His conviction of 27 years was reversed. How do you keep one person in jail and let the other walk free for the same charges?

OJ did not receive the 33-year sentence for this alleged robbery. He received it as punishment for getting away with murder. Based on double jeopardy, the decision in this robbery case should not be judged by his criminal history.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution states:

“Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…”

This includes protection against retrial after acquittal or conviction. The court must also consider collateral estoppel, which says once the court has decided an issue of fact or law necessary to its judgment, that decision precludes relitigation of the issue. The rationale is that it will prevent legal harassment and abuse of judicial resources.

A criminal jury decided OJ did not kill two people. A civil court ruled he did, and he received $33 million in punitive and compensatory damages, which he cannot be forced to pay. It’s the law. No one ever said it made sense. Because humans made the law there will always be flaws, and our criminal justice system is wrought with injustices.

If we’re going by the book, OJ should walk free tomorrow. I think Judge Glass had his mind made up going into the courtroom in 2008. His decision was biased and unconstitutional. Perhaps this is one of those rare cases where a subjective opinion is justified. Sometimes you have to say, “Screw the book, lock up the Juice!” I have faith that our judges, police officers and other civic leaders generally have our best interest in mind.

OJ should not be in jail for burglary, conspiracy or kidnapping. He should be in jail for the brutal murders of Nicole Simpson and Ron Goldman.

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