Restore the Old Republic
Posted Dec 9, 2005 17:40 UTC (Fri) by giraffedata
In reply to: Restore the Old Republic
Parent article: Linux in a binary world... a doomsday scenario
The civil judgement against OJ clearly violated Amendment 7 (A jury decided he didn't kill his ex, so a later ruling he was liable for the death clearly violated.)
I have to correct a common misstatement that makes people misunderstand the OJ case: A jury did not decide he didn't kill his ex. Jurors said in interviews after the trial that they thought he did. (And who wouldn't?). Jurors were instructed to decide whether the prosecutor had proved, and done so beyond a reasonable doubt, that OJ killed his ex. Someone can fail to prove something even if it is true. And someone can believe something but still reserve reasonable doubts.
Not that this matters to your argument. The Double Jeopardy clause of the 7th Amendment doesn't say two trials can't come to different conclusions; it says there can't even be a second trial.
I can see that you aren't terribly open to alternative ways of viewing things (so you must really hate lawyers), but lots and lots of smart people believe that the fact tried in OJ's first trial was not the same fact that was tried in the second. And I believe the folks who wrote the Bill Of Rights would say they believed that too.
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