Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
November 24, 2006

Is the justice system on trial?

Last week we received the astounding news on television that Orenthal James Simpson, better known by his initials OJ, who was tried and acquitted for the murder of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman, had written a book entitled “If I did it”. It is said to be a hypothetical description of the murder in which OJ is saying that if he did it this is the way it would have been committed. A two-part interview was scheduled for the 27th and 29th November, 2006 on Fox television in preparation for the release of the book. Curious enough Simpson maintains his innocence while Judith Reagan, editor, said that she wanted him to confess his sin. On Monday, 20 November the owner of the publishing Company announced it would no longer publish the book or air the interview.{{more}}

The book brings back sharp memories of the murder in 1994, the criminal trial in 1995 and the civil trial in 1997. The jury found him not guilty in the criminal trial but he was held liable in the civil trial for the wrongful deaths of Nicole Brown Simpson and her friend Ronald Goldman. OJ was ordered to pay $33.5 million in damages.

OJ, a celebrity of football fame charged with two gruesome crimes attracted tremendous interest. The criminal trial was broadcast on television for 133 days and during that time millions of people inside and outside the United States were drawn to their television sets to watch what was regarded as the “trial of the century”.

It brought racial issues to the fore and questions as to whether a white dominated justice system could give justice to a black man. OJ had 12 lawyers representing him while the state had some 25 lawyers prosecuting the case.

Beyond a reasonable doubt

In a criminal court the jury has the duty of looking at the facts and determining whether or not the accused is guilty. It must decide on the basis of the facts that the accused is guilty beyond a reasonable doubt not beyond the shadow of a doubt. Reasonable doubt is any doubt which would be in the mind of a reasonable person. This is a higher standard of proof, so much so, that if on the basis of the evidence there are reasonable doubts in the mind of the jury then it must acquit the accused in the dock. In the Simpson’s case there were numerous irregularities and discrepancies which might have given reason for doubt. The burden of proof is also a crucial element in criminal cases. It rests on the presumption of innocence. The prosecutor must have evidence to prove his case. If he does not then the accused could walk free.

Balance of probabilities

OJ did not escape the civil court where the standard of proof is lower. A case in civil court is proven on a balance of probabilities or by a preponderance of evidence. In other words, it is more likely than not that the accused did the act and is liable. Unlike our system and except for libel matters (although it is rarely done here) the United States system affords a jury trial in civil matters. The civil court is concerned with whether or not the defendant is liable for the wrongful death of another. It compensates the victim’s family rather than punish the defendant.

OJ cannot be tried twice in a criminal court for the same crime because of the system of double jeopardy in the American justice system, It is similar in our system under the doctrine of autrifois acquit/convict.

• Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    ULP, NDP sign Code  agreeing to peaceful,  fair General Elections
    Front Page
    ULP, NDP sign Code agreeing to peaceful, fair General Elections
    Webmaster 
    November 7, 2025
    The Unity Labour Party (ULP), and New Democratic Party(NDP), have signed the General Elections Code of Conduct agreeing to keep the peace in the run-u...
    Monday, is  Nomination Day in SVG
    Front Page
    Monday, is Nomination Day in SVG
    Webmaster 
    November 7, 2025
    Candidates who will be contesting the November 27, 2025 general elections in St Vincent and the Grenadines (SVG), will hand in their nomination papers...
    Media  visionary, Paul  McLeish dies
    Front Page
    Media visionary, Paul McLeish dies
    Webmaster 
    November 7, 2025
    St Vincent and the Grenadines (SVG) has lost one of its iconic media visionaries with the death of Paul MacLeish who passed away on Tuesday, November ...
    No reports of political  violence say ULP, NDP
    Front Page
    No reports of political violence say ULP, NDP
    Webmaster 
    November 7, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand, and Chairman of the New Democratic Party(...
    Stubbs man shot, killed in Akers
    Front Page
    Stubbs man shot, killed in Akers
    Webmaster 
    November 7, 2025
    The number 666, often considered a bad omen due to its association with the “Number of the Beast” in the book of Revelation, seems to have brought bad...
    Senior citizen dies in Mahaut house fire
    Front Page
    Senior citizen dies in Mahaut house fire
    Webmaster 
    November 7, 2025
    A male senior citizen in his 70’s perished in a house fire in Mahaut, Campden Park on Monday night. Dead is Kelvin Murray, who neighbours said lived a...
    News
    Duo charged with multiple offenses
    From the Courts, News
    Duo charged with multiple offenses
    Webmaster 
    November 7, 2025
    Two young men who have been charged for allegedly attacks against a police officer and use of indecent language pled not guilty when they appeared sep...
    Participants ready to make use of Financial literacy training
    News
    Participants ready to make use of Financial literacy training
    Webmaster 
    November 7, 2025
    Persons who attended a two-day Financial Literacy workshop for Micro, Small and Medium Enterprises (MSMEs) organised by the Centre for Enterprise Deve...
    ULP new candidates blaming government for constituency failures, says Dr Friday
    News
    ULP new candidates blaming government for constituency failures, says Dr Friday
    Webmaster 
    November 7, 2025
    Leader of the New Democratic Party (NDP), Dr. Godwin Friday said first time candidates of the Unity Labour Party (ULP) are distancing themselves from ...
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    News
    World Paediatrics do life-changing surgeries on 17 children at MCMH this week
    Webmaster 
    November 7, 2025
    This week saw 17 children from across the Eastern Caribbean (EC) and Barbados receive life altering surgeries that mark the beginning of new chapters ...
    Roads are like craters says Cummings
    News
    Roads are like craters says Cummings
    Webmaster 
    November 7, 2025
    Chairman of the New Democratic Party (NDP) Daniel Cummings continues to complain about the condition of roads in his constituency. Cummings, the incum...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok