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• Published on: 1996-07-17
• Binding: Hardcover

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An Education on the Trial and the Law
By Acute Observer
Reasonable Doubts

Alan M. Dershowitz was first in his class at Yale Law School and later became a full professor at Harvard Law School at age 28, the youngest in the school’s history. He was involved in many famous cases. This book is written for those who believe OJ was guilty and the jury’s verdict wrong. The ‘Introduction’ tells about the suspense in waiting for the verdict on October 4, 1995. [I believe this crime was over-publicized to distract people from the war scare of May 1994. Don’t remember it? That was the purpose. How many other double murders occurred in 1994?] Why was there a racial bias among people? Didn’t it occur before (‘Introduction’)? That TV program “Hard Copy” presented the facts in this case and suffered by being moved to a later time slot then taken off the air (p.16). It is unfair to compare it to a weekly tabloid.

This book will explain why the jury voted ‘not guilty’ to those who were misled by the coverage in the press. The LAPD worried about Simpson’s favorable public image and began to demolish it (Chapter I). Robert Shapiro asked him to join the defense team, he did (p.25). Shapiro called in forensic experts Dr. Henry Lee and Dr. Michael Baden. The Grand Jury was recused because of leaks by the prosecution (p.29). He lists ten items of evidence against OJ (p.30), and ten items mistakes made by the police (p.31). Their case was won in the first month by the work of their forensic experts and their legal strategy that locked the prosecution into their initial mistakes. Is a criminal trial a search for truth (Chapter II). No, it’s a process to seek justice that uses truth (p.38). Why do so many people believe OJ did it? Was it merely due to biased reporting (p.45)? Do people love being fooled?

Why do so many police lie about Search and Seizure (Chapter III)? “Because they can.” [This fills up prisons and raises taxes.] Police perjury is widespread and condoned (p.55). [Is it a way to meet quota?] If the suppression of drug dealing is a popular policy the police will do what it takes to implement that policy. Dershowitz was attacked for his statement (p.61). Why did Marcia Clark put Mark Fuhrman on the stand? Was it a mistake? Were the jury’s doubts reasonable (Chapter IV)? The jury doubted Vannatter’s story (p.73) or the other policemen. The FBI lab found EDTA in the blood but none on the socks (p.75). The blood was planted (p.77). The location of the blood was suspicious (p.80). The gloves didn’t fit (p.84). There was a problem with the blood evidence in the Bronco (p.89). Jury nullification has a long history (p.93).

Did gender play a role in the jury’s verdict (Chapter V)? The trial was held in downtown Los Angeles because the DA wanted a predominantly black jury (p.100). The jury heard sworn testimony, the public heard allegations (p.107). Why did most people believe in guilt (Chapter VI)? Perhaps they listened to the rumor mongers on talk radio who played up this case to distract the public from other events. [No mention of any control by the ‘National Association of Editors and Publishers’.] The jury saw the gloves didn’t fit, so too TV, but some reports said otherwise (p.130)! Even without those latex gloves. OJ would not have taken bloody clothing to Chicago because of the chance of discovery by airport security (p.135). The Defense never claimed there was a widespread conspiracy, only a handful (p.137). The Defense should use the media when the prosecution does the same (p.142).

Should trials be televised? “Television in the courtroom helped to keep everyone more honest” (p.148). Can money buy an acquittal? The prosecution always has more resources than the defendant (Chapter VII). Being a prosecutor is a step to a higher office (p.151). Money buys investigators who can dig up facts. Chapter VIII explains what Defense Attorneys do: they defend the accused, the jury decides on guilt. LAPD officers warned Marcia Clark about Fuhrman (p.173). Judge Ito criticized her for unprofessional behavior (p.177). Chapter IX explains the appeals of a verdict. The prosecution cannot appeal because of double jeopardy. Juries rarely convict on uncorroborated testimony. Objections are made to rulings to preserve the right of appeal.

Judge Ito virtually excluded all of the Fuhrman tapes (like bragging about planting evidence) and allowed the nurse to change his testimony (p.193)! He tipped the scales against OJ. Chapter X asks if the aftermath will distort people’s judgments. [Were the reports in the press a form of propaganda?] Dershowitz lists the foolish proposals that followed (p.197). Making it easier to convict the guilty also makes it easier to convict the innocent (p.199). Dershowitz says our current system is good, none is perfect. He suggests mandatory jury service, no excuses but says payments should be raised (p.202). There should be more money for indigent defendants. The prosecution has the advantage (but most defendants are found guilty). This case will be used to teach students about criminal justice.

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