The Trials of O.J. Simpson

Standards of Proof in

Criminal and Civil Cases

List as many facts as you can think of about O.J. Simpson. What do you know about him? What do you want to know about him?

Call to Order

ObjectiveStudents will be able to evaluate whether the competing standards of proof in criminal and civil cases is fair by:Defining “beyond a reasonable doubt” and “preponderance of evidence”Outlining the O.J. Simpson TrialsWriting an editorialCompleting an exit ticket

Refresh and ReviewWhat are the differences between criminal and civil law?

Create a T-Chart in your notes that looks like this:Criminal Law Civil Law

Then, jot down as many DIFFERENCES between the two types of law that you can think of.

One of the big differences is the STANDARD OF PROOF.

Standard of proof is how sure the jury must be that the defendant is guilty or liable.

“Beyond a Reasonable Doubt”

In a criminal case, the petit jury must be one hundred percent sure that the defendant is guilty.

Guilty!

Guilty!

Guilty!Guilty! Guilty!

Guilty!

Preponderance of EvidenceEvidence suggests that the defendant is likely liable.

The Crime• At 12:05 am on June 13, 1994 Nicole Brown

Simpson and her friend Ronald Goldman were found fatally stabbed outside of Brown’s home

• Nicole had divorced NFL star and actor O.J. Simpson 2 years before (and there were 911 calls about domestic violence in the past)

2. In the O.J. Simpson crime, who was found dead?

The Victims; Nicole Brown and Ronald Goldman

The Accused• Evidence found at the scene led the Los

Angeles Police Department to suspect that O.J. Simpson was the murderer

• Lawyers convinced the LAPD to allow Simpson to turn himself in at 11:00 am on June 17th, but he did not show up

Slow Speed Chase

• Police tracked calls placed on his cell phone and found Simpson in a white Ford Bronco, driven by his friend Al Cowlings on the freeway

• Officers came up to the car and Cowlings said Simpson had a gun to his own head so they backed off and trailed the car at about 35 miles per hour (the chase lasted about 50 miles)

O.J. Simpson Car Chase

Media Coverage• NBC interrupted Game 5 of the NBA Finals

to air the chase• ABC achieved some of its highest ratings

ever• The chase ended around 8:00 pm at

Simpson’s home, where he went inside for an hour until his lawyer arrived and then turned himself in

O.J. Simpson arrested and booked

STEP ONE• A group of 20+ people was called to

determine whether there was enough evidence to take Simpson to trial

3. What is this group called?

Grand Jury- small group of people who determine if there is enough evidence to go to trial

STEP TWO

• The grand jury did, in fact, find that there was enough evidence, so formal charges (double homicide) were filed.

4. What are these charges called?

Indictments

STEP THREE

• After being indicted, Simpson was arraigned and a California judge asked him to enter a plea

5. Simpson said, “Absolutely, one hundred percent, not guilty”. Do you believe him? Why or why not?

“Absolutely, one hundred percent, not guilty”- O.J. Simpson

The Criminal TrialF. Lee Bailey, Robert Shapiro, Johnnie Cochran (known as the Dream Team)

represented Simpson and cost him between $3 and $6 million

6. What is this side of the case called?

Marcia Clark and Christopher Darden represented the government

7. What is this side of the case called?

The Criminal TrialF. Lee Bailey, Robert Shapiro, Johnnie Cochran (known as the Dream Team)

represented Simpson and cost him between $3 and $6 million

What is this side of the case called?The Defense

Marcia Clark and Christopher Darden represented the government

What is this side of the case called?The Prosecution

The Defense (Dream Team) The Prosecution

Mark Fuhrman - Racist?

• Found blood marks on the driveway and a glove that was used during the murders...

• But was accused by defense of being racist and tampering with evidence

• He said he never used N-word, but a tape revealed him using it 41 times

Mark Fuhrman on stand at O.J. Trial

The Glove - Does it fit?

• Johnnie Cochran pushed a prosecutor to let O.J. try on the murder glove to see if it fit and, when he did, it was too tight to be put on comfortably

• The prosecution explained that it had shrunk because it had been frozen and unfrozen for tests, and O.J. had plastic gloves on underneath

8. On a scale of 1 to 10, how strong is the glove as evidence

for O.J.’s defense?

Racial Differences• The defense tried to make the LAPD look

racist, but the prosecution argued against this, saying officers had come to the house for several domestic violence calls and never arrested Simpson

• Fear grew that race riots would erupt in Los Angeles if O.J. was found guilty

9. The Petit Jury’s Verdict

NOT GUILTY OF

DOUBLE HOMICIDE

• Several members of the jury later said they thought O.J. did it, but that the prosecutor failed to PROVE their case

Petit Jury rules O.J. “Not Guilty”

But O.J. wasn’t done with court just yet…

9. (continued) After his criminal court trial, O.J. was taken to civil court

The Civil Trial• The Goldman family filed a lawsuit against O.J.

Simpson for “wrongful death”, meaning he was responsible for Nicole and Ron dying that night

• Jury awarded the victim’s families $33.5 million in compensatory and punitive damages

O.J.’s Civil Case

10. Who is the prosecution and who is the defense????

Trick Question

There is no prosecution in a civil case10. Plaintiff: Goldman Family

Defense (defendant): O.J. Simpson

Goldman Family vs. O.J Simpson

Comparing Cases

How can O.J. be acquitted of murder, but then lose a civil trial

for millions of dollars?

Legal Concept: Burden of Proof

• Someone has to bring evidence to the trial that proves guilt (not just an accusation)

• The necessity of proof always lies with the person who lays charges

6. In a criminal case, who has the burden of proof?

7. In a civil case, who has the burden of proof?

Legal Concept: Burden of Proof

6. In a criminal case, who has the burden of proof? The Prosecution

7. In a civil case, who has the burden of proof? The Plaintiff

Innocent Until Proven Guilty

• In criminal cases, the defendant is only guilty if the prosecution proves it:

Beyond A Reasonable Doubt

• If there is any reason to doubt that the defendant is guilty, then the jury must acquit him or her (if the glove don’t fit...)

In Criminal Case; The Prosecution must prove beyond a reasonable doubt to get guilty

• The fact that the glove did not fit caused some doubt to exist the petit jury

• If doubt exists, then the jury cannot say “O.J. is guilty beyond a reasonable doubt”

Guilty vs. Liable

• If you lose a criminal case...

You are GUILTY (committed a crime)

• If you lose a civil case...

You are LIABLE (responsible for dispute)

Standards of Proof• Criminal = Beyond A Reasonable Doubt

– There should be absolutely no doubt that the defendant is guilty

• Civil = Preponderance of Evidence– There should be at least a 51% chance that the

defendant is liable

O.J.’s Criminal Case O.J.’s Civil Case

The prosecution could not prove beyond a reasonable doubt that O.J. was guilty so he was acquitted (not

guilty)

The plaintiff was able to prove there was a 51% chance

(preponderance of evidence) that O.J. was responsible for Nicole and Ron death so he

was found guilty

Which Standard is Higher?

• In other words, which of these two standards of proof is harder to prove?

Which Standard is Higher?

• In other words, which of these two standards of proof is harder to prove?

ANSWER: BEYOND A REASONABLE DOUBT(CRIMINAL CASES)

What does the defendant have to lose?CRIMINAL TRIAL

Usually, there is jailtime attached, so yourfreedom is at stake

CIVIL TRIAL

Usually, there is someamount of money atstake, but no jail time

What O.J. had to lose in each trial:

His freedom (life in jail) 33.5 million dollars

His freedom (life in jail) 33.5 million dollars

Think, Pair, Share…

In the end, do you think justice was accomplished in the O.J. trial?

Editorial

Write an editorial that argues that justice was either served or not served in the O.J. Simpson trial.

• Give background of the case.• Tell the difference between “preponderance of

evidence” and “beyond a reasonable doubt”• Explain why you think the justice system is fair

or unfair in this case