ERIC ED377134: On Trial in California: The O. J. Simpson Case. A Teaching Tool.

17 Pages·1994·0.51 MB·English

by  ERIC

DOCUMENT RESUME
SO 024 618
ED 377 134
Richardson, Anita
AUTHOR
On Trial in California: The 0. J. Simpson Case. A
TITLE
Teaching Tool.
American Bar Association, Chicago, Ill. Special
INSTITUTION
Committee on Youth Education for Citizenship.
American Bar Association, Chicago, Ill.
SPONS AGENC1
ISBN-1-57073-100-4
REPORT NO
PUB DATE
94
NOTE
17p.
American Bar Association, Youth Education for
AVAILABLE FROM
Citizenship, 541 North Fairbanks Court, Chicago, IL
60611-3314 ($5).
Teaching Guides (For
Classroom Use
Guides
PUB TYPE
Tests/Evaluation Instruments (160)
Teacher) (052)
MFO1 /PCO1 Plus Potage.
EDRS PRICE
Citizenship Education; *Criminal Law; Instructional
DESCRIPTORS
Materials; *Law Related Education; Secondary
Education; Social Studies; Teaching Methods
Simpson (0J) Murder Trial
IDENTIFIERS
ABSTRACT
Arguing that there is no better opportunity to teach
-about the law than when a sensational t-ial overwhelms the media,
J. Simpson
this booklet outlines the legal issues involved in the O.
trial and presents teaching methods for introducing these issues to
explains
students. In a discussion of the trial phase, the booklet
elements
the concepts of reasonable doubt, preponderance of evidence,
direct
of murder, special circumstances as well as the categories of
appeals
and circumstantial evidence. Sections on the sentencing and
phases of the trial describe the significance of aggravating and
mitigating factors and the grounds and procedures for appeal. A
question and answer column elucidates the most frequently asked legal
questions regarding the trial such as Simpson's plea, the evidence,
testifying, and
the relevance of DNA tests, the likelihood of Simpson
outlined
the significance of pretrial publicity. The teaching methods
in the booklet call for students to complete and discuss a worksheet
of judge in evaluating
on the facts of the trial and to play the role
of 311
the evidence. The booklet also provides the results of a poll
of
attorneys taken in September, 1994 on the Simpson trial. A copy
the questionnaire is included for distribution to students. A
glossary explains the legal terms used throughout the booklet.
(JD)
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Reproductions supplied by EDRS are the best that can be made
from the original document.
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Teacher's Instructions
What's in
the Booklet?
Begin by asking students what they know about the 0. J.
Simpson murder case. For example, ask them to focus on
There's no better opportunity to teach about the law than
the known evidence in the case. Have students bring in
when a sensational trial is overwhelming the media. The
relevant newspaper and magazine anicles, if necessary.
0. J. Simpson murder case is such a trial. This booklet
Use this opportunity to introduce and discuss the terms
will help you teach about
direct evidence and circumstantial evidence, and encourage
jury selection
students to identify which evidence falls into which
category.
the difference between direct and circumstantial
Continue to explore students' knowledge of relevant
evidence
vocabulary as well as current events before reading aloud
admissible and inadmissible evidence
the information about California trial law and the ques-
tions and answers about the O. J. Simpson case. If possi-
the meaning of "beyond a reasonable doubt"
ble, give individuals, pairs, or small groups of students
the difference between a trial and a penalty
copies of the text and the Glossary. After they have read
hearing
the text, have them answer the questions in the Glossary
either orally or in writing.
the meaning of "burden of proof."
This carefully prepared booklet is filled with easy-to-
Case Studies in Law-Related Education
understand background material, commonly asked ques-
The section Case Studies in Law-Related Education pro-
tions (and their answers), a Glossary list (entries are bold-
vides strategies for using case studies to develop an
faced where they first appear in text), plus an array of
understanding of law-related issues and events. It identi-
learning activities that include something to share at
fies the three steps of the judicial process and information
home. This is bound to be one of the most helpful
about ways societies try to redress wrongdoing. Students
instructional aids you will use this year.
analysis
can use the Case Study Worksheet to guide their
of a case. You may want to introduce the Case Study
To order additional copies of this teaching tool, con-
Worksheet and the judicial process steps before reading
tact American Bar AssociationiYEFC, 541 N. Fairbanks
the information about California law and the questions
Court, Chicago, IL 60611-3314; [phone]. For
and answers about the 0. J. Simpson case to students.
classroom sets, ask about our bulk-order pricing.
(continued page 3)
strued as representing the policy of the American
Funding for this teaching tool has been provided
Bar Association, the Fund tOr Justice and
by the American Bar Ass-,ziation Fund for
Anita Richardson is the
Education, or the Special Committee on Youth
Justice and Education; we are grateful for their
Education for Citizenship.
support.
editor of the American Bar
FOR CUSTOMER SERVICE CALL (312)
is
On Dial in California: The 01. Simpson Case
Association's Preview of the
988-r;22.
presented by the American Bar Association
Special Committee on Youth Education for
0;) 1994 American Bar Association, 541 N.
United States Supreme
Citizenship. Chair: Al Ellis; Director, Youth
Fairbanks Court, Chicago, IL 60611-3314
Education Programs: Christine Watkins;
Court Cases and adjunct
PC #497-000
ISBN 1-57073-100-4
Editorial Director, Youth Education Publications:
All rights reserved. Printed in the United State,
professor at the John
Seva Johnson
of America
The views expressed in this document have not
11.1
Marshall Law School in
Printed on recycled paper 14
been approved by the House of Delegates or the
The American Bar Association is a not for-protit
Board of Governors of the American Bar
Chicago, Illinois.
corporation
Association and, accordingly, should not be con-
Poll Information and Results
Take a Stand
The attorneys in the Penn & Schoen poll came from
As people learn more about the law and legal system, they
legal
every region in the nation and represent at least 16
begin to confront the many conflicts that challenge it.
specialty areas. Eighteen percent of the attorneys practice
Thai is, "fair" solutions may not be perceived as "fair" by
"riminal law. Of those, 11 percent are prosecutors and 87
all citizens. "Fair" may not be in accordance with the legal
percent are defence attorneys. Ninety-four percent are
process in a given case.
white, and 88 percent are male.
This activity offers an opportunity to practice two
Findings were that 61 percent of the lawyers in the
important responsibilities of citizens: (1) developing rea-
poll thought that O. J. Simpson will be acquitted or sub-
soned opinions regarding the validity of political/legal
ject to retrial. Twenty-two percent thought that he will be
policy and (2) respecting the views/opinions of others.
acquitted of the charges, while 39 percent felt the jury
Students are asked to review several policy statements and
will be hung. Seventy-eight percent felt that the pretrial
with the
to "take a stand" by agreeing or disagreeing
fair trial less likely for 0. J.
publicity makes getting
,tatements and providing reasons for their opinions.
Von
Simpson; 64 percent said that his fame as a star, sports-
then discuss and analyze the reasons to determine their
fair trial.
caster, and actor will also hurt his chances for a
source, strength, and importance.
Forty-two percent said O. J. Simpson's race will work in
his favor; 12 percent felt conviction would be easier, and
Penn & Shoen's Attorney Poll
45 percent didn't know. Sixty-six percent said the prose-
The survey on the back cover is based on a survey form
cution's decision not to seek the death penalty does not
forms for
sent to attorneys across the nation. Copy two
reflect any special treatment of O. J. Simpson, and 28 per-
each student. Distribute a copy of the form to the stu-
wanted the judge
cent said it does. Seventy-two percent
dents and ask them to complete it. Tell students that they
said pretrial
to impose a gag order. Seventy-eight percent
should not put their names on their survey form so that
publicity has been general-
results will be anonymous.
ly damaging to 0. J.
After they complete the
Simpson's chances. Forty
survey, review the ques-
percent said the media
tions and encourage class
coverage favored both sides
Then have stu-
discussio
or neither, 29 percent said
dents compile the class
the coverage favored the
survey data.
prosecution, and 23 per-
Give students another
I
cent said that it favored
survey form to take home
O. J. Simpson. Forty-seven
V
for a family member to
'
percent thought that both
express his or her views
the prosecution and the
about the O. J. Simpson
defense in this case were
case. Ask them to return
doing a good job.
the forms and to compile
the data.
Identify the results of
.
1.
AL
.1
the Penn & Shoen's attor-
ney poll, and ask students
to compare the results to
those of the attorneys.
REUTERS/BEITMANN
4
The
0. J. Simpson
Case
Trial Phase
Criminal law varies from state to state. In California, first-degree mur-
The state of California (the pros-
der trials have two phases when the death penalty is sought. The first
ecution) has charged 0. J.
is the trial phase, also called the guilt-innocence phase. The second is
Simpson with two counts of first-
the sentencing phase.
degree murder. Specifically, he
During the trial phase, any evidence showing the way victims were
has been accused of the "willful,
killed and establishing a motive and plan of action will tend to prove
deliberate, and premeditated"
that the killings were willful, deliberate, and premeditated.
killing of his ex-wife Nicole
In law, the burden of proof is the necessity to demonstrate that
Brown Simpson and her friend
something is true. In a case of this type, the prosecution is not required
Ronald Goldman. The prosecu-
to prove that a defendant had a motive for committing the crime. But
tion had the option of seeking
it might decide to introduce evidence to that effect to establish that a
the death penalty or life impris-
murder was willful, delibek ate, and premeditated.
onment without parole. It is
seeking life imprisonment with-
Elements of Murder For example, the prosecution will seek to prove
out parole. The prosecution has
that a defendant is, indeed, the one who attacked (shot, beat, stabbed,
poisoned) a victim, that the injuries to the victim resulting from the
not revealed how or why it
attack were the proximate ("immediate" or "direct") cause of the vic-
reached this decision.
tim's death, that the defendant intended to kill, and that the defendant
premeditated the killing, however briefly.
Because this is not a death-
penalty case, the trial will not
Beyond a Reasonable Doubt In California, a conviction for first-
include a sentencing phase. If a
degree murder requires the unanimous verdict of a 12-person jury. If
unanimous jury finds 0. J.
the jury is to convict the defendant of murder, its members first have
Simpson guilty of one or both
to be convinced of the person's guilt beyond a reasonable doubt. By
murders charged, he will be
California law, this does not mean possible doubt but "an abiding con-
given life imprisonment without
viction, to a moral certainty" that the charges are true.
parolethe sentence for first-
degree murder without any spe-
Preponderance of the Evidence Murder defendants sometimes enter
cial circumstances. He would
pleas of not guilty by reason of insanity. They may also change their
likely appeal such a sentence. If
plea from not guilty to not guilty by reason of insanity up to a desig-
nated point in their trial. If their plea prevails, they will go to some
the jury finds him innocent, all
sort of rehabilitation facility. Depending on the state, once cured, they
charges will be dropped and he
will be freed or sent to prison to complete their sentences. (In some
will be freed. If the jury is hung,
states, this plea, when successful, is not recognized as an acquittal, or
or cannot reach a decision, 0. J.
finding of innocence. The defendant, once rehabilitated, is required to
Simpson could be refried.
serve the balance of the sentence.)
Some states require that defendants prove an insanity plea with a
"clear and convincing showing." Others, like California, require proof
by a preponderance of the evidence. This is evidence that would make
it "more probable than not," even if by the slightest degree, that a
4
5
Retrial is not automatic. Pros-
defendant was insane at the time the offense occurred. Proving some-
ecutors have to decide whether
thing by a preponderance of the evidence is easier for the defense than
proving it beyond a reasonable doubt or by a clear and convincing
to retry defendants. Those who
showing, which requires a much higher level of certainty from the
think that the first jury was sym-
jurors.
pathetic to a defendant may
decide to retry the case. Those
Relevant Evidence
All relevant evidence is admissible in a trial.
who think that the first jury was
Evidence is relevant when it tends to make a disputed fact more prob-
not persuaded by the evidence
able than not. But relevant evidence is not automatically admissible.
may decline to retry.
Such evidence will be excluded if it is so inflammatory, or provocative,
The four elements of the
in nature so as to threaten the jury's impartiality, or if it tends to prove
offense of first-degree murder in
the same point as other relevant evidence already admitted.
the 0. J. Simpson case are
There are different categories of relevant evidence: physical evidence
1. That 0. J. Simpson was the
or testimonial evidence and direct evidence or circumstantial
person who stabbed Nicole
evidence.
Brown Simpson and Ronald
Physical evidence consists of such things as victims' bodies and mur-
Goldman.
der weapons. Testimonial evidence consists of oral statements given
under oath that relate to such factors as the crime, the elements of the
2. That the stabbings were the
crime charged, and the defendant's defense (for example, an alibi).
proximate cause of the vic-
Testimonial evidence falls into different categories: for example, testi-
tims' deaths.
mony of witnesses about the victim or the perpetrator, testimony of
3. That 0. J. Simpson intended
police investigating the case, and testimony of expert witnesses about
to kill the two victims.
the nature and meaning of the prosecution's evidence.
4. That the killings were not
Direct evidence is intended to establish a fact beyond question and
committed on impulse, but
may include the testimony of eyewitnesses to a crime, or a written or
instead were the result of
taped death threat. Direct evidence is sometimes referred to as the
planning, however brief.
"smoking gun."
Circumstantial evidence may strongly suggest something, but it does
not provide direct proof.
Fifth Amendment The Fifth Amendment to the U.S. Constitution
has several guarantees for people accused of crimes. These include that
they may not be forced to testify against themselves or be tried twice
for the same crime. Defense attornevs most often advise their clients
not to testify in the event that their testimony might tend to "incrimi-
nate," or harm rather than help, in the effort to prove their innocence.
Special Circumstances
First-degree murder in California is capital
murder, for which possible punishment is either death or life impris-
onment without the possibility of parole. Whenever seeking the death
5
6
penalty in this state, the prosecution must prove that at least one of
nineteen statutorily (by law) defined special circumstances is true
beyond a reasonable doubt. Some of these circumstances are that the
Questions
murder was intentional and committed for financial gain; that it was
and
intentional and involved torture; that it was committed to prevent a
lawful arrest or to attempt to escape from lawful custody; that the vic-
Answers
tim was killed because of his or her race, color, religion, nationality, or
About 0. J. Simpson's Trial
been convicted of more
country of origin; or that the defendant has
than one offense of first-degree murder.
The jury has to decide whether the prosecution has proven at least
Q. What plea did 0. J. Simpson
it uses. All 12 jurors must find that at
one of the special circumstances
enter?
least one special circumstance is true in order for the defendant to be
A. 0..1. Simpson entered a plea
eligible for the death penalty.
of not guilty to two counts of
At the end of the trial phase, if the jury finds the defendant innocent
first-degree murder.
of the charges, all charges will be dropped and the defendant will be
acquitted and freed. If it finds the defendant guilty of the murder
Q. What, if anything, must 0. J.
charged and the death penalty was not sought, the defendant will be
Simpson prove at his trial?
sentenced to life imprisonment without parole.
A. Under California law, he
When the death penalty is sought, and the jury finds the accused
does not have to prove anything.
guilty and unanimously votes that at least one speci::1 circumstance
However, if the prosecution sub-
existed, the case goes into a sentencing phase (see below). During this
phase, a penalty hearing is conducted to determine whether the guilty
mits proof sufficient to permit the
life imprisonment without parole.
person will be sentenced to death or
jury to find beyond a reasonable
There are any number of reasons why the prosecution may decide to
doubt that 0..l. Simpson com-
seek either penalty. While there may be some evidence to prove a spe-
mitted first-degree murder with
cial circumstance, for example, the prosecutor may not feel that the
respect to Nicole Brown Simpson
evidence is strong enough to meet the beyond-a-reasonable-doubt
or Ronald Goldman, 0. J.
standard. If the defendant is a famous and popular person, the prose-
Simpson is entitled to introduce
cution may decide that conviction would be too difficult because the
evidence that raises a reason-
that decision,
jury may not want to impose the death penalty. To avoid
able doubt as to the prosecu-
the jury might in fact find the defendant not guilty.
tion's evidence of his guilt.
High-Profile Trials
Q. What would be some of the
relevant evidence in 0. J.
Rights to Free Press and Fair Trial Most trials are conducted with lit-
the
tle or no media involvement. However, when a famous person is
Simpson's case?
defendant in a sensational, high-profile trial, there may be extensive
A. Any evidence that tends to
and in the newspapers and magazines both
coverage on TV and radio
establish that 0. J. Simpson was
before and during the trial. Whenever there is pretrial and trial public-
not, as he states, at home when
in., two constitutional rights come into conflict.
the killings occurred would be
The first right is the free-press right under the First Amendment,
relevant in establishing that this
dissemination,
which guarantees the public's right to the free and open
alibi is false and that he could
The second right is the defendant's right,
or spread, of information.
instead have been at Nicole
under the Sixth Amendment, to a fair trial by an open-minded jurv.
Brown Simpson's home when the
killings occurred.
Attorneys' Responsibilities The attorneys for both the prosecution
the press
and the defense are under pressure to provide information to
they represent
and public when a trial involves a famous person. Since
7
6
opposing interests, they naturally want to use the media to put the best
spin on the interests of the side they represent.
But the prosecution will not ignore a defendant's rights. As officers
of the court, all attorneys involved in a case are obligated to ensure that
any comments made to the media preserve the integrity of the judicial
process and the defendant's right to a fair trial by an impartial jury.
Limits on Attorneys' Free Speech Rights While the First
Q. Is DNA evidence relevant?
Amendment protects an attorney's right to speak to the media, states
A. Yes, the DNA evidence is rel-
may still place reasonable limits on attorneys in order to preserve a
evant in establishing that blood
defendant's fair-trial rights.
found 'at the scene of the killings
In California, law governing attorney conduct does not directly
could be 0. J. Simpson's.
address attorneys' pretrial and trial comments to the media in a crimi-
nal ca:,e. Instead, the trial judge evaluates such comments and often
tells the attorneys how far they may and may not go in talking to the
Q. Is there any possibility that
press. Limits that judges impose on attorney speech may be called gag
0. J. Simpson's past abuse of his
orders.
ex-wife might be admitted as
The judge bases his or her evaluation of an attorney's comments to
evidence?
the media on the general rule that comments likely to influence poten-
A. 0. J. Simpson's past abuse
tial and actual jurors' views, and the trial's outcome, are improper
of Nicole Brown Simpson is not
because they violate the defendant's Sixth Amendment rights.
admissible to support the prose-
cution's position that he actually
Jury Selection and Voir Dire Since most potential jurors in a high-
committed the two murders. But
profile case can be expected to have some knowledge of the case, jury
the judge might admit this evi-
selection focuses on determining the extent of the information poten-
dence as relevant to establishing
tial jurors might know, and the extent to which they might
that he had a motive, an intent,
be influenced by that knowledge. The process used to answer these
or a plan of preparation to kill
questions is called voir dire.
her. On the other hand, the
During voir dire, the attorneys for both sides question potential
jurors about their ability to be fair and impartial, to determine the facts
judge might view this evidence
of a case solely from the evidence presented at trial, and to apply the
the
as too inflammatory, even on
law to the facts as established by the evidence. Many potential jurors
issue of motive, to be admitted.
are dismissed in high-profile cases because they have already formed
This type of evidence would
opinions.
have been admissible at the
penalty hearing if the prosecu-
Sequestered Jury More than likely, once selected, the jury in a high-
tion had sought the death
profile trial will be sequestered, or separated from the routines of their
penalty.
daily lives, in order to minimize their exposure to media coverage of
the trial.
Q. What physical evidence
exists in the 0. J. Simpson case?
A. The physical evidence con-
sists of the victims' bodies, blood
stains at various locations and
PNT
COP../
all analyses of these stains,
41,/t1 ii
F
including those of the DNA, the
7.
8
Sentencing Phase
In California, the same jury serves for both the trial phase and the sen-
bloody glove, and any other
tencing phase. Thus, the same people decide whether a defendant is
similar evidence that the prose-
guilty or innocent and, if convicted, whether to sentence that person to
cution might introduce.
death or life imprisonment without parole. The only exception is when
this jury cannot reach a decision on the penalty, in which case the
Q. What will the testimonial evi-
judge will impanel, or put together, another jury. If the second jury
deadlocks, the judge may either impanel a third jury or sentence the
dence consist of?
defendant to a term of 25 years in prison.
A. The testimonial evidence will
At the penalty hearing, the prosecution introduces evidence intended
fall into three categories: testi-
to demonstrate that the convicted murderer should get the death
mony of witnesses as to 0. J.
penalty. This evidence is called relevant aggravating factors. The
Simpson's and the victims' move-
defense, on the other hand, introduces evidence to show that putting
ments, testimony of police inves-
the murderer to death is not warranted, but that life imprisonment
tigating the case, and testimony
without parole is the appropriate sentence for the jury to reach. This
of the prosecution's and
evidence is called relevant evidence of mitigation.
defense's expert witnesses about
the nature and meaning of the
Relevar t Aggravating Factors This evidence includes the jury's
prosecution's evidence.
determinations during the trial phase that the defendant is guilty and
that one or more special circumstances charged by the prosecution are
Q. Will 0. 3. Simpson testify at
true. In addition, the prosecution can be expected to introduce evi-
his trial?
dence of prior criminal convictions and evidence of violent activity
This evi-
A. The Fifth Amendment shelters
even if no criminal charge was made or conviction obtained.
dence is intended to show that the guilty person is a threat to society.
0. J. Simpson from having to
During the trial phase, judges are unlikely to admit evidence of past
testify at the trial.
criminal or violent behavior. Instead, they most often make the prose-
cution hold such evidence for the sentencing phase (after guilt has
Q. Is there any direct evidence
been established beyond a reasonable doubt) because such factors are
in the 0. J. Simpson case?
highly prejudicial to a fair and impartial determination of guilt or
A. There is very little, if any,
innocence. That is, this evidence might influence the jury's decision of
direct evidence regarding the
the defendant's guilt or innocence relative to the actual case at hand.
killings or who committed them.
For example, factors such as a prior murder conviction could lead a
In fact, most of the evidence con-
jury to conclude that the defendant murdered again. Admitting such
sidered will be circumstantial.
evidence might tend to put the defendant on trial for both offenseF
instead of the one charged, violating the defendant's right to a fair
Q. How will the prosecution use
trial. Such evidence, however, is often admissible during the sentencing
circumstantial evidence in this
phase once guilt has been established beyond a reasonable doubt.
case?
Relevant Evidence of Mitigation This evidence, which defense attor-
A. The prosecution will have to
death, might include
neys introduce to support a penalty less than
rely on both physical and testi-
exploita-
poverty and squalid living conditions, sexual abuse or other
monial circumstantial evidence to
tion as a child, and an absence of prior criminal activity.
Sentencing After all relevant evidence in aggravation and mitigation
has been introduced, the sentencing jury in California is required to
weigh the evidence. If it finds that the evidence in aggravation out-
weighs the evidence in mitigation, the jury imposes the death penalty.
If it finds the reverse, it imposes life imprisonment without parole.
8
BEST COPY AVAILABLE
Appeals
State law provides for appeals once a murder conviction has been
establish that only 0. J. Simpson
reached. In California, the appeal goes automatically to the state
could have been the killer.
of any capital defen-
supreme court after the conviction and sentencing
dant sentenced to death.
Q. What circumstantial evidence
There are several kinds of issues that defense attorneys are likely to
will the prosecution have at
raise on appeal. For example, they may object to the judge's rulings on
trial?
the admissibility of evidence, the scope of the prosecution's arguments
A. Examples are the physical
cross-examined
to the jury, or the way the prosecution examined and
evidence of blood type and the
witnesses. In addition, the appeal might challenge certain pretrial rul-
DNA testing results, the bloody
ings from the judge, such as the denial of a motion to suppress evi-
glove, 0..1. Simpson's trip to
dence seized without a search or an arrest warrant.
Raising these issues would enable the defense attorneys to argue that
Chicago, and statements that he
judge's errors entitle the defendant to a new trial. In a death-penalty
was not at home at the approxi-
sentencing hearing.
case, defense attorneys might argue for a new
mate time of the killings.
Q. Why is pretrial and 4.rial pub-
licity an issue for this trial?
A. Since this trial is the much-
publicized trial of a famous per-
son, it brings two constitutional
rights into conflict: 0. J.
Simpson's Sixth Amendment
right to a fair trial by an
open-minded jury, and the pub-
lic's First Amendment free-press
right to the free and open dis-
semination of information about
the crime.
Q. How can an impartial jury
be selected for the 0. J.
Aft.
gat&
Simpson trial?
A. As in other much publi-
cized trials, the attorneys
will rely on the process of
voir dire, through which
they will attempt to determine
what potential jurors might
already know about the case
REuTERsorrmANN
and how much they might be
influenced by their prior knowl-
edge. Many potential jurors will
be dismissed during this process
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