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
    12 left homeless in mid-day fire at Richland Park
    Front Page
    12 left homeless in mid-day fire at Richland Park
    Webmaster 
    September 5, 2025
    A fire that destroyed a multi-family complex in Richland Park over the weekend has left at least 12 people homeless, including a 23-year-old mother of...
    PM responds to US military strike on small boat off Venezuela
    Front Page
    PM responds to US military strike on small boat off Venezuela
    Webmaster 
    September 5, 2025
    Prime Minister, Dr Ralph Gonsalves has responded to reports by the United States administration that its military had carried out the bombing of a boa...
    Building material disappear from the Mary Hutchinson Primary School
    Front Page
    Building material disappear from the Mary Hutchinson Primary School
    Webmaster 
    September 5, 2025
    Police investigators on Union Island are said to be looking into the “disappearance” of building materials that were sent to the Southern Grenadine Is...
    What’s new at Fitz Hughes Government School?
    Front Page
    What’s new at Fitz Hughes Government School?
    Webmaster 
    September 5, 2025
    by Grace Francis After sharing a small space for over a year, children and teachers at the Fitz Hughes Early Childhood Centre went into brand new prem...
    MRI-6 donates over $70,000 for school meals for vulnerable students
    Front Page
    MRI-6 donates over $70,000 for school meals for vulnerable students
    Webmaster 
    September 5, 2025
    Several secondary schools and special needs institutions across St Vincent and the Grenadines (SVG) have received $5,000 donations towards meals for s...
    Minister of Information Technology  emphasises the importance of Cybersecurity
    News
    Minister of Information Technology emphasises the importance of Cybersecurity
    Webmaster 
    September 5, 2025
    Robust cybersecurity must be at the heart of the digital transformation that is currently taking place in St Vincent and the Grenadines (SVG) says Min...
    News
    Minister of Information Technology  emphasises the importance of Cybersecurity
    News
    Minister of Information Technology emphasises the importance of Cybersecurity
    Webmaster 
    September 5, 2025
    Robust cybersecurity must be at the heart of the digital transformation that is currently taking place in St Vincent and the Grenadines (SVG) says Min...
    Entities team up to boost disaster communication capacity
    News
    Entities team up to boost disaster communication capacity
    Webmaster 
    September 5, 2025
    The Climate Change Resilience Network (CCRN) in collaboration with the Youlou Radio Movement (YRM) recently embarked on a disaster preparedness initia...
    Ministry of Health to get more dialysis machines
    News
    Ministry of Health to get more dialysis machines
    Webmaster 
    September 5, 2025
    The Ministry of Health, Wellness and the Environment, is to obtain three more Heamodialysis machines as part of the revolution in the healthcare secto...
    PM Gonsalves heads delegation to Ethiopia
    News
    PM Gonsalves heads delegation to Ethiopia
    Webmaster 
    September 5, 2025
    Prime Minister, Dr Ralph Gonsalves, is leading a delegation to the East African country of Ethiopia; the delegation left the state on Wednesday, Septe...
    New Port to be opened on October 24- PM Gonsalves
    News
    New Port to be opened on October 24- PM Gonsalves
    Webmaster 
    September 5, 2025
    The modern port in Kingstown is expected to be handed over to the government just before this country celebrates its 46th anniversary of political ind...

    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