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In: Economics

The OJ Simpson case was refereed as to as the trail of the century. A not...

The OJ Simpson case was refereed as to as the trail of the century. A not Guilty veredit was obtained in the criminal cases and a Liable veredict the civil case. Explained how this is possible and what are the differences between the criminal and civil case.

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Expert Solution

ANSWER:

GIVEN THAT:

THE DIFFERENCE BETWEEN THE CRIMINAL AND CIVIL CASE:

1. OJ Simpson was tried for 2 cases one for the murder of his ex-wife Nicole and Ron Goldman.

2. Second for kidnapping and armed robbery of two memorabilia dealers.

3. In the 1995 trial, he was acquitted from the murder trial as not guilty as he could not prove guilt beyond reasonable doubt for murder.

4. The family filed a civil suit against OJ Simpson and the court ordered him to pay $ 33.5 million as damages to the family.

5. In the second case, he was sentenced to 33 years for armed robbery, assault, and other offenses.

6. In the first case, he was found not guilty according to the criminal law.

7. The criminal prosecution has a different set of laws, court system and different set of the burden of proof.

8.Discussing first-degree murder, a first-degree murder can be proven if the following acts are proven:

1. The murder had been done with the intent of malice, with an afterthought and was premeditated. It indicates the intent to murder was well planned and executed.

2. Secondly, the first-degree murder must be “proven beyond reasonable doubt”.

9. Alternatively, in a civil case for a wrongful death the plaintiff has to prove only the following:

1. The defendants had an intention to commit the murder.

2. The unlawful conduct of the person, which resulted in the death of the victim.

3. Lastly, the burden of proof is the “preponderance of evidence” in a civil case.

10. The criminal jury might not be able to find sufficient evidence to convict the defendant and find him guilty beyond reasonable doubt.

11. A civil jury can convict based on the preponderance of the evidence that the defendant’s unlawful act is liable under civil law.

12. To sum it up the Civil jury found it more likely that OJ Simpson was responsible for the death of his ex-wife and her friend (“preponderance of evidence”).

13. The civil court felt the family met that standard of proof but could not ask for imprisonment but won $ 33.5 million in punitive damages.

14. The Criminal Jury were unable to prove beyond doubt that he was responsible for a first-degree murder.

15. He was found not guilty for first-degree murder.


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