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October 6, 2008
OJ Simpson subject to 15-year mandatory minimum (though with parole)
Writing here at SI.com, law professor Michael McCann provides an effective review of "the key questions following the guilty verdict of O.J. Simpson on all 12 counts of armed robbery and kidnapping." Here is the Q&A on sentencing:
What will happen at Simpson's sentencing on December 5?
Even if she opts to impose the most lenient possible sentence under discretion, Clark County District Judge Jackie Glass will sentence Simpson to at least 15 years in prison. His conviction alone of first-degree kidnapping with a deadly weapon carries a minimum sentence of 15 years, with the possibility of parole after five years, and a maximum sentence of life of prison with the chance of parole. Judge Glass could run the sentences for each of the 12 charges concurrently or consecutively, the latter of which would be disastrous for Simpson, as he would then serve time for each sentence, one-after-the-other.
Working in Simpson's favor is that judges normally refrain from imposing the maximum possible sentence for first-time offenders and, despite the many controversies surrounding him over the last two decades, Simpson has not previously been convicted of a crime (though he did plead no contest in 1989 to a spousal abuse charge, meaning he neither contested the charge nor admitted guilt). Then again, at age 61, there is a strong probability that, absent a successful appeal and regardless of Judge Glass' leniency, Simpson will spend the remainder of his life in prison.
Given that OJ is not really a classic "first-time offender," I do not think his legal team should be (or will be) expecting Judge Glass to impose the minimum possible sentence. That said, it will be very interesting to watch how everyone involved handles the acquitted conduct issue this high-profile case presents. It will also be interesting for years to come to watch how the Nevada parole authorities deal with this prominent felon as he ages in prison.
October 6, 2008 at 07:40 AM | Permalink
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Comments
Nevada attorney here - I would expect the prosecutors to leave the murder case out of the sentencing hearing as there is no need to create additional issues on appeal. On the other hand, creating a clean appellate record is seldom the focus of the Clark County District Attorney's Office.
Our standard for sentencing considerations is fairly low: the judge may not consider "highly suspect and impalpable" evidence. The Nevada Supreme Court gives great deference to district court sentencing decisions and very seldom reverses a sentence so long as it is within the statutory limits. In my 16 years of practice before the Court, I've seen less than 10 reversals on sentencing issues in non-capital cases.
At a minimum, I think Judge Glass will order consecutive sentences for the two kidnapping convictions as the standard practice here is to give consecutive sentences for each distinct victim named in the charges. The weapons enhancements must be imposed as consecutive terms.
Posted by: jonell | Oct 6, 2008 11:58:09 AM
In some respects, OJ is getting it worse than he would have had he been convicted for the murders of Nicole Simpson and Ron Goldman. He got to be a free man, thinking that he had beaten the system, and now that's all gone, and all he has to do is think about how stupid he was. Ha. Ha. Couldn't have happened to a nicer guy.
Posted by: federalist | Oct 6, 2008 12:42:30 PM
Although I have nothing to support my hunch, The Count of Monte Cristo immediately came to mind!
Posted by: Stanley Feldman | Oct 6, 2008 1:11:30 PM
SWEET!!!!
Posted by: jcro | Oct 16, 2008 7:53:45 PM
o.j FINALLY got what he had comin to him, his arrogant w ays and temper finally caught up to the bastard. Hope he rots in hell.
Posted by: justisssssss | Oct 17, 2008 10:39:53 AM
As i watched the trial , I couldn't help but see that same "bad acting" O.J. portraying himself, same as he did in his film career. An underlying sickness surfaced and all I could think about Was the innocent victims in both cases. Gut wrenching is probably the best analogy. Anyway, talk about poetic justice! From a theological stand-point of view. You can,t hide from God baby!
Pastor rick
Posted by: richard blockno | Oct 25, 2008 9:48:26 AM
If it is not the lynch mob ideology all over again. You people are two seconds away from burning him at the stake. O.J. is the first black man in history, compared to hundreds of thousands of whites, that got off with murdering someone of an opposite race. How dare you hypocrits keep bringing up those murders; No matter how you keep beating that dead horse. Yes, he was stupid, but if he had been Mr. Blake, we would not be talking about this now, and you all know it.
Posted by: shame shame | Oct 27, 2008 4:57:27 PM
Get off the race soapbox. This has NOTHING to do with race. It has to do with O.J. (once again) breaking the law, and thinking he could get away with it...again. He got cocky after beating the murder rap (we ALL know he did it...he even admitted it), and thought he could get away with anything because of who he was...yes WAS. I'm glad to see that he was proven wrong. I don't care what your skin color is. If you break the law, YOU DESERVE TO BE PUNISHED. PERIOD.
Posted by: Gram | Oct 27, 2008 5:57:05 PM
I am a freelance landscaper.
Although Simpson is no angel, I find it amazing how much deeply embedded subconscious hatred whites are throwing at him on this case, stemming from the Nicole/Goldman murder case. That case was a bitter victory for African Americans, considering what some whites have gotten away with for eons against black victims of violence, and still get away with. In our system of justice, justice depends on your color, we all know this to be true.
Posted by: Rodman | Oct 28, 2008 2:50:52 PM
The "Race Card" again? If there was race, it was the BLACK Jury, giving the guy, who slaughtered, the MOTHER of his children, and a JEW, less the 70 feet from where the children were sleeping! And to hear African Americans, justify that slaughter, by claiming he did not "Do it" showed me, Blacks have a problem with me & Reality. I ain't going away. So kiss my "White Irish Ass..........
Posted by: Jack D. Ripper | Oct 29, 2008 5:27:07 AM
People tend to forget that it has always only been speculated that OJ was guilty of murder, because all of the evidence presented against him, in his case, was entirely circumstantial, and there was in fact no actual evidence that supported that he definitively committed those crimes.
Now his constitutional rights to receive a fair trial, and not receive unusually cruel and inordinate punishment, based upon the real intent of the laws, are essentially being stepped on.
Let's face it people, and get real with ourselves about this!..Oj is in effect being prosecuted for his previous murder case, and is now being sentenced by a kangaroo court.
People need to not be so hypocritical, as well. Nothing that OJ did in this recent situation, was anything short of what any normal person would have done, in the very same circumstance.
Just because OJ cursed, and raised his voice on tape, during the process of retrieving sentimental items that were stolen from him, mind you!, does not make him anymore questionable in character, than most of America's population. Just remember, those without sin, go ahead and throw your stones!
Also, there were no guns brandished in this case. Yes, the gentleman who came with him were packing, but they were not waiving around their guns when in that hotel room..it was just the implied threat, when he told his entourage not to let anyone leave the room...and I feel that it is an obvious reach and misutilization of our laws, from their original intended purpose, to characterize OJ's recent case a kidnapping.
Let's face it..The man is clearly being railroaded, and the sad fact is, no one who pronounces themselves of any real integrity in this country, is willing to stand up for his fundamental rights, which are being stomped on, by letting this happen to him, and allowing this abusive misusage of our legal system to just throw away the key on OJ.
Keep in mind, that it is commonly believed, that OJ could not get a fair trial virtually anywhere in this country, due to the unfounded propagated beliefs surrounding his prior murder case.
I have always believed that his case was due largely to a bunch of emotional mistakes/missteps on his part, which led to his mis-characerization as the culprit..and I also believe that the Police and most of society rushed to judgement, as he was tried in the court of public opinion, with the mere belief that he committed those murders.
I tend to believe, if the shoe were on the other foot, though, and people themselves were in OJ's situation, they would want someone to stand up for them.
What if OJ is in fact really innocent of murder, and he is being treated the way that he is..by our legal system, the constitution, and the members of our society at large. What an unethical travesty of justice this is.
Think about it, it could be you that is being railroaded, in the future, too... if we are to continue to allow our laws to be misused and bent in this manner..without any objections.
Posted by: Neal | Oct 30, 2008 3:31:58 AM
I've always felt that if they could not convict him in the first place they should have left him alone. The only reason the civil conviction was allowed in the first place was to toss some flesh to the angry mob. The civil trial may have been legal, and I have my doubts, but it wasn't just.
Posted by: Joe | Oct 30, 2008 4:02:07 PM
I love how thw fact O.J. slaughter's 2 people, and BLACK'S try to justify it, by #1 White's got away with it before, and #2 (My favorite), "There was no Direct evidence..............Nigger Please........White rage? You try that blame game on some liberal, teenager, who knows less that shit. The man is a NIGGER, deal with it!
Posted by: Jack D. Ripper | Nov 2, 2008 2:41:10 AM
Justice will finally prevail. 15 years doesn't normally sound like a good number, but to live out your 60's and 70's it sure does. :D
Posted by: mc | Nov 5, 2008 10:38:29 AM
THANK GOD THIS ONE MURDERER FINALLY GOT TIME IN JAIL. I HOPE IT IS THE REST OF HIS LIFE AND THEN SOME. PLUS I HOPE HE SPENDS ETERNITY IN HELL.
Posted by: DANIEL J STACK | Nov 6, 2008 11:24:31 AM
JONELL SAID "Nevada attorney here - I would expect the prosecutors to leave the murder case out of the sentencing hearing as there is no need to create additional issues on appeal."
You're an attorney? Then you should know that the murder case (where OJ was found Not Guilty, by the way) is not, was not and never will be a part of this separate case. Yeah... I WOULD "expect" prosecutors to leave it out, too. What I WOULDN'T expect is someone who thinks he's a lawyer even suggesting the two could ever be legally connected.
Posted by: Sam | Nov 12, 2008 10:19:01 AM
I am a candidate for JD - Jan. 09. I find some of the comments here interesting, if not frightening at times.
I agree completely that as far as the alleged murders, those cannot be held against O.J. whatsoever in his sentencing for the kidnapping/robbery. However, I think the individual that spoke of that was merely indicating that Glass will be very careful that her sentencing will not be perceived as having taken that into consideration - to limit potential for appeal. I also appreciate the clarification as to what must be given consecutively and what is mandatory since that will help me understand the sentence when it is made.
As for comments on circumstantial evidence regarding the murder trial, in many cases circumstantial evidence is far more accurate than direct evidence! I would put far more weight on the fact that blood consistent with O.J. Simpson was collected at the scene of the murders, mixed in with blood of the victims, *before* blood was collected at other locations (circumstantial evidence) than I would if there was a random 75 year old white woman that had no clue who OJ was indicate she saw a large black man commit the murders and then positively ID him at a later date (direct evidence). If the latter had occurred, I would likely dismiss the direct evidence simply because OJ would be familiar to someone even subconsciously and that would increase the likelihood that he/she would pick him out of a lineup or similar at a later date. I would not be able to trust the direct evidence beyond a reasonable doubt.
Direct evidence such as eye witness identification is notoriously bad. Just consider the large number of individuals convicted by "direct evidence" of an eye witness that are later exonerated by "circumstantial evidence" such as DNA evidence.
I'll stick with the circumstantial evidence.
Posted by: Victoria | Nov 13, 2008 3:26:30 PM
i hope all you blackies out there don't gripe when a white person kills your wife and kids or her new boyfriend or whoever shes screwing. you niggers need to wake the f up! get of the poor black thing hell you got more freakin rights than any people on earth! THANK GOD FOR CICLE CELL! EAT SHIT AND HANG!
Posted by: joe plumber | Nov 14, 2008 3:34:16 PM
I'm just a guy. Please understand that ANYONE who murders another person and gets away with it will be loathed and despised. If that person then continues to act irrationally and engages in another crime are ANY of you surprised that people will be relieved to know that this person finally got what he deserved. It's not a matter of black vs white. I am glad to see him going off to jail for a mighty long time. He will not be missed.
Posted by: Fred | Nov 16, 2008 8:25:01 PM
Joe and Victoria....Do you two live in the same trailer park?
Posted by: Dumbfounded | Nov 17, 2008 12:49:54 PM
Sorry Victoria and Joe.....Jack D. Ripper and Joe plumber are the morons.
Posted by: Dumbfounded | Nov 17, 2008 12:52:16 PM
Sorry Victoria and Joe.....Jack D. Ripper and Joe plumber are the morons.
Posted by: Dumbfounded | Nov 17, 2008 12:52:51 PM
It's hard to believe some of the hate here that just spews from white trash racist bigots and their asinine rants.
You haters here don't seem to even have a grasp of the details of what happened at the Vegas trial. He was CLEARLY set up by an acquaintance he thought was a friend in the sports memorabilia business. This schmuck, who had a prior criminal record, told him that he had a couple card collectors upstairs that were trading memorabilia that OJ would be interested in since they used to be his and stolen. These were items of which he had great sentimental value, and that he had arranged a meeting for him for his benefit should he wish to retrieve his items from them. Meanwhile, he set up the two dealers that had his stuff by calling and arranging a meeting with a 'wealthy buyer' that is very interested in their merchandise. So this mofo setup the train wreck that would occur in the hotel room he rented where it was to take place, while wiring the whole place down so he could record it all. Then, he worked on getting OJ riled up that these guys were thieves and that they had no right to his stuff. OJ angry now that he finally knows what happened to this items, finds a posse of acquitances for backup him up while he confronts these dealers. Meanwhile, the hustler schmuck begins recording; as his motive is to profit off the entire incident using OJ as the big name draw so he could make a bunch of money for himself to support his drug habit and then leaves the room to call 911 to report an assault going on by OJ Simpson in his room that he conducted for business between sports cards dealers. He then cashes in by selling various copies to different tabloids immediately after OJ's arrest for a six figure sums. He made $210,000 selling video to gossip website TMZ.com and another $60,000 selling pictures to tabloids.
Even one of the memorabilia dealers is totally sympathetic to OJ getting setup and was astonished that the schmuck that orchestrated the whole thing didn't even get charged!
Are any of you saying that in similar circumstances where things of high monetary value that you also cherished that had been stolen years earlier and were informed in the possession of these two next door. What would you do if you had a posse of friends with you? You wouldn't try and go retrieve what was yours? He wasn't getting all 'high and mighty' as some claim here, thinking he was above the law and could get away with anything. Quite the opposite, this was a spur of the moment decision after being goaded into anger by the felony huckster that punked him. He did not have the option of calling police, nor has he ever since his prior acquittal, since as soon as COPS discover it's OJ requesting assistance they blow him off. When cops just ignore you and your stuff that was stolen, like his NFL MVP award, is being held by the looters of your property next door, you sure as hell would be upset.
OJ got setup and railroaded, all because this schmuck that he 'thought' was a friend and that he does sports business with needed to make some big cash to support his coke and heroin habit.
That is just wrong.
Posted by: | Nov 18, 2008 9:48:58 PM
Its funny how there's a lot of people fueled by hatred, As a Black guy, race is a critical issue, people who spew hatred remarks and stand by them 100% due to the color of the person skin will burn in Hell point blank. I wont give no excuse on OJ behave because he wasn't found guilty for the double murders so there no reason to defend it. The point is that some white people are misunderstood children that haven't used their brains for nothing in recent years. You see I can get mad if you call me all the names in the book, why? well you see no matter what happens in the black community good or bad they(some of them) will always have Ill to say. A prime example, Obamas win sent a surge in white supremacy enrollment, also he has received the most death threats than any other president that ran for office. My point is If you want to crucify Michael Vick but turn a blind eye on Martha steward go on ahead it doesn't matter. I just don't see how you can rob someone of your own property but people don't know how to think these days, but Oj should of took a different approach regarding the matter.
Posted by: Dwayne | Nov 19, 2008 2:58:27 PM
OJ is the biggest moron in history. Of course, he's a coon. Who else could be so dumb? Coons are completely useless. We all know this, right?
Enjoy state prison you piece of shit. LOL Hope you have a lot of KY in your cell, FAGGOT.
Posted by: bob | Nov 23, 2008 11:06:14 PM
