Saturday, November 18, 2006

----------------------------------OJ confesses, hypothetically-----
weird past tense subjunctive :

Chicago Tribune | The Watcher “O.J. Simpson: If I Did It, Here's How It Happened,” a nauseating two-part special in which the former NFL star will talk about how he would have killed his ex-wife and Ronald Goldman – except that, of course, he didn’t.

HollywoodReporter | Where's the outrage over Fox's O.J. shill? "
"O.J. Simpson, in his own words, tells for the first time how he would have committed the murders if he were the one responsible for the crimes," the network said in a statement. "In the two-part event, Simpson describes how he would have carried out the murders he has vehemently denied committing for over a decade."

St. Paul Pioneer Press 11/16/2006 | O.J. confession? Not really, but Fox will air it anyway "Let's say I committed this crime," Simpson told Esquire magazine in 1998. "Even if I did do this, it would have to have been because I loved her very much, right?"
One expert noted that the justice system's protection against so-called double jeopardy means Simpson's book, explosive as it may be, should not expose him to any new legal danger.
"He can write pretty much whatever he wants," said Laurie Levenson, a Loyola University law school professor and former federal prosecutor who has followed the case closely. "Unless he's confessing to killing somebody else, he can probably do this with impunity."

Dorf on Law: OJ Simpson tv Interview - "how he would have committed" the slayings - Did Borat conduct the interview under the pretext that it would only be shown in Kazakhstan? ..why say such a thing? This does seem to take Mark Twain's adage that there's no such thing as bad publicity a bit far.
-Well, OJ loves money, and, like his previous loves, he has a hard time keeping it around. It's not as if he's losing much credibility here---he's been a walking joke since the Bronco chase. It certainly is offensive to think he'd talk about the killings, but, of course, killing them in the first place was pretty offensive. Bottom line: That guy is nuts and getting poorer---a dangerous combination.
-I think I remember reading that the families that successfully sued him in civil court have managed to get control of the rights to his name/image? If so, will they be able to get the profits from his book? Perhaps they could fashion a claim under the old principle of not profiting from your bad deed (so the grandson who killed his grandfather cannot receive his inheritence) and take the profits that he is clearly trying to make from the book.
-Double jeopardy only protects a defendant from prosecution in the same jurisdiction, right? So that means California can't prosecute Simpson again for the murders. But what about the federal government? I'm not an expert on federal criminal law, but isn't there some federal crime he could be charged with in connection with the murders (assuming the statute of limitations hasn't expired)? The problem is that it sounds as though the book is framed as a hypothetical: "I didn't kill them, but if I did, here's how I would have done it." This would make it difficult for prosecutors to introduce the book as a confession, even though that's what his publisher is calling it.

"If I Did It" - OJ Simpson to Confess...Hypothetically - Digg.com The former football great reportedly has been paid a whopping $3.5 million to write about the double murder that shocked and riveted the nation in 1994. But Simpson is not actually confessing to the murder — rather, he’s writing a “hypothetical” book tentatively being called “If I Did It.”

Salon - Could O.J. Go to Court Again? If he did it, here's what might happen.
Later this month, O.J. Simpson will appear on Fox in a two-hour special called If I Did It, Here's How It Happened. Could O.J. go back to court because of something he says on TV? It's not impossible. The Bill of Rights protects Simpson from being tried twice for the same crime. But double jeopardy protection isn't absolute, and a criminal who's acquitted once could still end up behind bars. Here are a few scenarios that might result in Simpson's return to court. -lying -civil rights violations -fraud.

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