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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 by Porpus
Covington, LA
Member since Aug 2022
1628 posts
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.
Posted by Cracker
in a box
Member since Nov 2009
17676 posts
Posted on 4/11/24 at 8:00 pm to
they would have burned the rest of the city down
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70936 posts
Posted on 4/11/24 at 8:01 pm to
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).
Posted by chili pup
Member since Sep 2011
2062 posts
Posted on 4/11/24 at 8:01 pm to
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 by Porpus
Covington, LA
Member since Aug 2022
1628 posts
Posted on 4/11/24 at 8:05 pm to
quote:

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).

I guess that makes sense, thanks. I knew the state couldn't appeal an acquittal, and this is similar, I reckon.
Posted by Y.A. Tittle
Member since Sep 2003
101323 posts
Posted on 4/11/24 at 8:06 pm to
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 by footswitch
New Market
Member since Apr 2015
3895 posts
Posted on 4/11/24 at 8:38 pm to
quote:

they


Who is they? Sarcastic question. WE all know.
Posted by The Boat
Member since Oct 2008
164084 posts
Posted on 4/11/24 at 8:39 pm to
You must have bad internet because your thread from 30 years ago just posted.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25579 posts
Posted on 4/11/24 at 10:22 pm to
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.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18737 posts
Posted on 4/11/24 at 10:33 pm to
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 by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25579 posts
Posted on 4/11/24 at 10:49 pm to
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 by TigerGman
Center of the Universe
Member since Sep 2006
11192 posts
Posted on 4/12/24 at 1:03 am to
No. Not in a criminal case.
Posted by coolpapaboze
Parts Unknown
Member since Dec 2006
15792 posts
Posted on 4/12/24 at 6:09 am to
quote:

Of all the characters involved in the absurd OJ saga, am I the only one who hated him the most?

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.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66899 posts
Posted on 4/12/24 at 6:40 am to
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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