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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Press Release
    Mayo Clinic presents 10 breakthroughs for 2025 that are transforming the future of medicine
    Jada 
    January 23, 2026
    ● From AI powered drugs to regenerative therapies and new neurological tools, Mayo Clinic researchers achieved key advances in 2025 to predict, diagno...
    Passenger van overturns, injuring several commuters
    Front Page
    Passenger van overturns, injuring several commuters
    Webmaster 
    January 23, 2026
    AT LEAST ONE PERSON who was involved in an accident where a mini van overturned on Monday, had a clear premonition about the mishap. Deanna Mc Dowall,...
    Deputy Prime Minister explains delay of 2026 Budget
    Front Page
    Deputy Prime Minister explains delay of 2026 Budget
    Webmaster 
    January 23, 2026
    THE PRESENTATION of the 2026 National Budget or Appropriation Bill is being delayed as the New Democratic Party administration tries to put everything...
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Front Page
    SVG reviewing US request to accept deportees, Opposition Leader warns not to accept them
    Webmaster 
    January 23, 2026
    DEPUTY PRIME MINISTER St Clair Leacock, says that St Vincent and the Grenadines (SVG) is reviewing a request from the United States administration to ...
    Questelles students happy to be back in the classroom
    Front Page
    Questelles students happy to be back in the classroom
    Webmaster 
    January 23, 2026
    IT HAS BEEN over three weeks since the Grades 3 and 4 students at the Questelles Government School (QGS) lost their classrooms in a fire. Although a f...
    Government names new Diplomats
    Front Page
    Government names new Diplomats
    Webmaster 
    January 23, 2026
    A FORMER MEMBER of Parliament, and a Journalist, are in the group of five diplomats named by the New Democratic Party administration to take up postin...
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    News
    Covid dismissed workers given deadline – backpay deferred pending review
    Webmaster 
    January 23, 2026
    PUBLIC SERVANTS who were dismissed for refusing to take the COVID-19 vaccine will not be allowed to return to their jobs after January 30, 2026. And, ...
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    News
    Rhea Ollivierre among new lawyers admitted to the SVG Bar
    Webmaster 
    January 23, 2026
    THE BAR OF St Vincent and the Grenadines (SVG) has welcomed a new cohort of legal practitioners, including Rhea Kezia Tamar Ollivierre, whose academic...
    Confessed grocery thief urged to invest in herself
    From the Courts, News
    Confessed grocery thief urged to invest in herself
    Webmaster 
    January 23, 2026
    AN UNEMPLOYED Redemption Sharpes woman, who relies on her daughter’s father to solely provide for their family, was bonded and ordered to compensate C...
    Hundreds flock to Lobster and Lambie Festival
    News
    Hundreds flock to Lobster and Lambie Festival
    Webmaster 
    January 23, 2026
    LAST WEEKEND, January 16 to 18, hundreds of people, including Vincentians from the mainland and the Grenadines, journeyed to Carriacou and Petit Marti...
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    News
    Committee Chair opposes insertion of fetes into Nine Mornings Festival
    Webmaster 
    January 23, 2026
    CHAIRMAN OF the National Nine Mornings Committee, Oronde ‘Bomani’ Charles, said he will oppose any attempt to introduce fetes during the annual Nine M...

    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