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Could Judge Ito have ordered a directed verdict, or set aside the jury's decision?
Posted on 4/11/24 at 7:57 pm
Posted on 4/11/24 at 7:57 pm
I am far from an expert on California criminal law, but in my experience it's quite common for attorneys to move for a directed verdict after arguments have concluded. It's kind of a pro forma thing, and it's seldom granted, but the option exists. Similarly, I've heard of judges "setting aside" jury decisions.
Did Ito have these options? If ever there were a legitimate time to use such prerogatives, it would have been at that trial, and I think about 85% of adults at the time would have been perfectly OK with that. Others would have rioted, I guess, but the law is the law, and people have mentioned in other threads just how corrosive the acquittal was for things like race relations and public trust.
I've never seen this discussed, but I think it's a really necessary and interesting topic to consider. Maybe Ito even felt some kind of anti-white solidarity with OJ. Sounds shocking, but I think most people were similarly shocked by the way the black community reacted to the verdict. We shouldn't be shocked at the possibility that Ito was influenced by this previously unknown racial schadenfreude lurking under the veneer of civility we once enjoyed.
Did Ito have these options? If ever there were a legitimate time to use such prerogatives, it would have been at that trial, and I think about 85% of adults at the time would have been perfectly OK with that. Others would have rioted, I guess, but the law is the law, and people have mentioned in other threads just how corrosive the acquittal was for things like race relations and public trust.
I've never seen this discussed, but I think it's a really necessary and interesting topic to consider. Maybe Ito even felt some kind of anti-white solidarity with OJ. Sounds shocking, but I think most people were similarly shocked by the way the black community reacted to the verdict. We shouldn't be shocked at the possibility that Ito was influenced by this previously unknown racial schadenfreude lurking under the veneer of civility we once enjoyed.
Posted on 4/11/24 at 8:00 pm to Porpus
they would have burned the rest of the city down
Posted on 4/11/24 at 8:01 pm to Porpus
Judge can throw out a conviction or throw out a case before it goes to a jury.
The pesky Constitution requires a jury to convict (although a defendant can waive a jury trial and request a bench trial if the jury pool is tainted or biased).
The pesky Constitution requires a jury to convict (although a defendant can waive a jury trial and request a bench trial if the jury pool is tainted or biased).
Posted on 4/11/24 at 8:01 pm to Porpus
quote:
I am far from an expert on California
Ask SFP. He's and expert on everything. From law to choosing the correct color of your house.
Posted on 4/11/24 at 8:05 pm to Bestbank Tiger
quote:I guess that makes sense, thanks. I knew the state couldn't appeal an acquittal, and this is similar, I reckon.
The pesky Constitution requires a jury to convict (although a defendant can waive a jury trial and request a bench trial if the jury pool is tainted or biased).
Posted on 4/11/24 at 8:06 pm to Porpus
quote:
Judge Ito
Of all the characters involved in the absurd OJ saga, am I the only one who hated him the most?
Kato Kaelin is still one of my heroes, though.

Posted on 4/11/24 at 8:38 pm to Cracker
quote:
they
Who is they? Sarcastic question. WE all know.
Posted on 4/11/24 at 8:39 pm to Porpus
You must have bad internet because your thread from 30 years ago just posted.
Posted on 4/11/24 at 10:22 pm to Porpus
Usually, once a criminal verdict has been rendered a judge may not overrule the verdict.
In the case of OJ Simpson, I feel the same way as I did at the time: the state did not meet their burden of proof. Beyond that, it doesn't matter what I think.
I watched every minute of the trial that was televised, initially to see F. Lee Bailey, Barry Scheck, and Alan Dershowitz work but in the end came away far more impressed with the work of Johnnie Cochran. Bailey's cross was solid but not up to his legendary status and Scheck was far too boring for my tastes. I wish there had been a jury cam so you could see the moment that they made up their minds.
In the case of OJ Simpson, I feel the same way as I did at the time: the state did not meet their burden of proof. Beyond that, it doesn't matter what I think.
I watched every minute of the trial that was televised, initially to see F. Lee Bailey, Barry Scheck, and Alan Dershowitz work but in the end came away far more impressed with the work of Johnnie Cochran. Bailey's cross was solid but not up to his legendary status and Scheck was far too boring for my tastes. I wish there had been a jury cam so you could see the moment that they made up their minds.
Posted on 4/11/24 at 10:33 pm to Obtuse1
California and most jurisdictions allow a criminal defendant to file a motion to set aside a conviction for certain reasons, but I’ve never heard of a motion by the prosecutor to set aside an acquittal. There would likely be Double Jeopardy issues with that. When a jury says not guilty, that’s it.
Posted on 4/11/24 at 10:49 pm to Twenty 49
quote:
California and most jurisdictions allow a criminal defendant to file a motion to set aside a conviction for certain reasons, but I’ve never heard of a motion by the prosecutor to set aside an acquittal. There would likely be Double Jeopardy issues with that. When a jury says not guilty, that’s it.
Correct: motion for a judgment of acquittal. I should have been more precise.
Posted on 4/12/24 at 6:09 am to Y.A. Tittle
quote:He was a complete clown and lost control of that trial the moment it began. The moment overwhelmed him. He's the poster child for weak and feckless judges.
Of all the characters involved in the absurd OJ saga, am I the only one who hated him the most?
Posted on 4/12/24 at 6:40 am to coolpapaboze
quote:
He's the poster child for weak and feckless judges.
Even his voice. He sounded like when black comedians make fun of white dudes with that nasally nerdy voice.
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