Some Serious Comments (More or Less) on OJ’s Current Predicament
So, we all know the basic story – OJ and a couple of guys hatch a plan to reclaim some of OJ’s sports memorabilia. They execute the plan. The result – OJ and his friends are arrested on Sunday night. On Tuesday, the prosecutor files an 11 count criminal complaint against these men. The complaint contains a variety of charges, including conspiracy, assault, robbery, burglary, coercion with a deadly weapon, and first degree kidnapping. The full complaint can be found here.
The Judge refused to release OJ prior to his bail hearing, scheduled three days later, because OJ had minimal community ties to Las Vegas and, perhaps in light of the “white bronco” incident, there was a non-trivial possibility that he may “flee the jurisdiction.”
Today, OJ appeared in court for a bail hearing. Bail was set at $125K, which OJ indicated that he would pay promptly after the hearing. He’ll likely head home to Miami, but he is schedule to appear again in Las Vegas in late October to be formally arraigned on the charges.
A couple of legal observations from the outset. First, despite what most folks thing, there was nothing wrong with the Court’s initial determination to detain Simpson until a formal bail hearing. Under Las Vegas law, a defendant must appear in court within 72 hours of his arrest. The Court’s preliminary findings that Simpson lacked sufficient ties to the community and, in light of the seriousness of the charges, may be a flight risk provided a proper basis for his detention prior to Wednesday.
Second, the charges Simpson faces are no laughing matter. With the exception of Count One – conspiracy to commit a crime, all of the other charges are felonies. And the first degree kidnapping charge carries the possibility of a life sentence. In this case, the prosecutor seems to have thrown in just about every available charge. Prosecutors enjoy broad discretion when making a charging decision. This discretion has multiple dimensions. Prosecutors not only decide who will be charged, but at what level of seriousness to charge an offense. Furthermore, because a single act may violate more than one criminal law, prosecutors decide which, if any, of the available charges should be filed against the defendant. Here, the prosecutor has elected to charge multiple defendants with multiple counts. This elevates the cost of prosecution and necessarily complicates the case. But it also greatly increases leverage in plea bargaining, and maximizes the available grounds for conviction should the case eventually go to trial.
As for the more sensational aspects of the case – here again, we see the pitfalls and possibilities of celebrity justice. On the one hand, it is unlikely that a dispute over proper ownership of sports memorabilia would receive this sort of attention if it did NOT involve a celebrity. OJ’s infamy made this case possible. On the other hand, if the past is prologue, his celebrity status may also prove to be his “get out of jail free” card, reinforcing his reputation as a man who operates “above the law.”
Or has the pendulum swung in the opposite direction?
Recent celebrity cases – Michael Vick, Paris Hilton, Nicole Richie, and others – suggest that celebrated athletes and entertainers will no longer receive a free pass when it comes to the criminal justice system. And in the case of Michael Vick – and perhaps OJ – one might argue that celebrities are now, in some sense, being targeted for prosecution.
Finally, a comment about managing one’s celebrity status. I’ve talked about this in the past, in connection with Michael Vick, Tank Johnson, boxer Diego Corrales and others. Here again, we see an African American celebrity brought low by poor decisionmaking. OJ must know that his life is under perpetual scrutiny, and that his behavior – good or bad – will be magnified by the press. Let’s just assume, for the moment, that the sports memorabilia in question was indeed stolen from him. Why not go to the police, and seek a warrant for the arrest of the thieves? Why indulge in the gangsterism of self-help and attempt to reclaim the property on his own?
Given his past run-ins with the law, why indulge in behavior that, when viewed unsympathetically, constitutes a criminal offense? It seems particularly tragic that pride, arrogance, and perhaps even rage, eclipsed the wisdom and judgment that one would expect a 60 year old man to possess. OJ may have flouted the law as a younger man. But given his life experience, it is difficult to be sympathetic in this case. Simpson, more than anyone else, should have known better.
Comments
The sad thing really baby brother is that this is seen world wide as an example of our irrationalism as a race.
Some folks really don't understand why there were "race" men/woamen back in the days - for they did ever thing in their power to stop TPTB from using such aberration as a way to paint us as a people. Or set us up for a killing.
I believe OJ is mentally sick, look at him. The company he keeps couldn’t care less, w a blonde hair girlfriend. Wow
Posted by: nanakwame![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 19, 2007 04:42 PM
Prof Bracey:
Saw you on NBC news tonight talking about HBCU shrinking black enrollment.
Posted by: Dragon Horse![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 19, 2007 07:29 PM
Tormenting stupid, confused creatures in front of a huge audience: In Spain they call it bullfighting, in America we call it celebrity watching.
Posted by: The Sanity Inspector![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 19, 2007 07:38 PM
As my lovely wife said last night, I'm quoting: "This N@#$@ got away with killing a white woman; does he NOT know that if he gets caught at anything they're going to throw the book and the bucket at him?---that N@#@# stupid! and if I were sitting in a cell next to him and I'd tell him he's stupid."
Posted by: AnthonyMason2k6![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 19, 2007 10:14 PM
friend, i enjoyed reading this. i've always thought you were a good writer.
naturally, however, you're wrong about a couple things. you said OJ must know that his life is under perpetual scrutiny, and that his behavior – good or bad – will be magnified by the press.
this is wrong. anyone with a brain knows the press will only magnify the bad things he does. that's what being a villain is all about.
next: OJ may have flouted the law as a younger man. But given his life experience, it is difficult to be sympathetic in this case. Simpson, more than anyone else, should have known better.
of course, being a double-murder kinda indicates that a man doesn't excercise good "judgment," so the robbery isn't surprising. and being a double murderer makes it very hard to be "sympathetic" to him regardless of what went on in las vegas. you may not be aware of this, but right-thinking men don't feel sympathy for murderers, ever.
i'm actually shocked that you didn't address the single biggest issue here: whether the juice will get a fair trial. unless his attorney can somehow stack the jury box with a bunch of poor black people he's going to prison for a while.
he's a murderer (odd, too, that your post made no mention of him being a murderer: black liberals are just silly and will never be taken seriously) and deserves to burn in hell, of course, but he shouldn't be sent to prison for crimes he didn't commit. just think about it for a second. assume he technically didn't commit robbery or kidnapping or any other offense with which he's been charged (according to the audio of the event, it looks like he's going down). would it be "fair" if he went to prison? yes, because he killed two people and has never received punishment for it. i'm sure a life sentence here would partially restore the cosmic imbalance that his acquittal caused a decade or so ago. but just because something is "fair" doesn't mean it's just. vigilante justice is never right. if he didn't commit these crimes, then the juice ought to be set loose. unfortunately (for OJ, anyway) that's probably not going to happen. it's time to do your time, orenthal.
too bad johnnie cochran's dead. OJ may have had a chance.
Posted by: Chauncey![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 19, 2007 11:36 PM
Beginning to look like your boys have overplayed their hand, Chance'...
The two dealers supposedly robbed both have long criminal records, and one - violated his parole by being in Vegas.
This one stinks to high hell of publicity stunt.
Posted by: BT![[TypeKey Profile Page]](http://www.blackprof.com/nav-commenters.gif)
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September 20, 2007 08:59 AM