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	<title>Comments on: Mr. Simpson&#8217;s Nine Years</title>
	<atom:link href="http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/feed" rel="self" type="application/rss+xml" />
	<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: A.W.</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45723</link>
		<dc:creator>A.W.</dc:creator>
		<pubDate>Wed, 10 Dec 2008 04:21:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45723</guid>
		<description>Tim,

Um, you missed my sarcasm.

Nicole and Ron didn&#039;t die by accident.  they were murdered.

So if OJ is responsible, then he is a murderer.

Maybe not in the eyes of the criminal courts, but in every ratonal person&#039;s eyes, yes.

not guilty  doesn&#039;t mean innocent.

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		<content:encoded><![CDATA[<p>Tim,</p>
<p>Um, you missed my sarcasm.</p>
<p>Nicole and Ron didn&#8217;t die by accident.  they were murdered.</p>
<p>So if OJ is responsible, then he is a murderer.</p>
<p>Maybe not in the eyes of the criminal courts, but in every ratonal person&#8217;s eyes, yes.</p>
<p>not guilty  doesn&#8217;t mean innocent.</p>
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		<title>By: Chris</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45722</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Tue, 09 Dec 2008 23:30:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45722</guid>
		<description>Lots of things taken into consideration as sentencing factors aren&#039;t criminal, though.  E.g.,  lack of acceptance of responsibility--it&#039;s not an additional crime, but it generally increases the sentence.

</description>
		<content:encoded><![CDATA[<p>Lots of things taken into consideration as sentencing factors aren&#8217;t criminal, though.  E.g.,  lack of acceptance of responsibility&#8211;it&#8217;s not an additional crime, but it generally increases the sentence.</p>
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		<title>By: Tim</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45721</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Tue, 09 Dec 2008 22:54:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45721</guid>
		<description>Chris,

I think A.W. is right...that&#039;s not criminal conduct.  I don&#039;t think it will usually be appropriate to take civil liability into consideration when contemplating criminal charges.

</description>
		<content:encoded><![CDATA[<p>Chris,</p>
<p>I think A.W. is right&#8230;that&#8217;s not criminal conduct.  I don&#8217;t think it will usually be appropriate to take civil liability into consideration when contemplating criminal charges.</p>
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	<item>
		<title>By: A.W.</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45720</link>
		<dc:creator>A.W.</dc:creator>
		<pubDate>Tue, 09 Dec 2008 15:41:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45720</guid>
		<description>Chris,

No, see, that was just for wrongful death.  so maybe OJ just negligently dropped a whole drawer full of knives on them...  that&#039;s the ticket!

Seriously, that is why I say we shouldn&#039;t call him an alleged murderer.  the jury found him responsible for her death; she was murdered; therefore he is a murderer.

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		<content:encoded><![CDATA[<p>Chris,</p>
<p>No, see, that was just for wrongful death.  so maybe OJ just negligently dropped a whole drawer full of knives on them&#8230;  that&#8217;s the ticket!</p>
<p>Seriously, that is why I say we shouldn&#8217;t call him an alleged murderer.  the jury found him responsible for her death; she was murdered; therefore he is a murderer.</p>
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		<title>By: Chris</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45719</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Tue, 09 Dec 2008 05:40:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45719</guid>
		<description>FWIW, the Goldman v. Simpson civil jury found liability under a preponderance-of-the-evidence standard.

</description>
		<content:encoded><![CDATA[<p>FWIW, the Goldman v. Simpson civil jury found liability under a preponderance-of-the-evidence standard.</p>
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		<title>By: Tim</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45718</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Mon, 08 Dec 2008 10:22:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45718</guid>
		<description>Well Chris,

I don&#039;t believe his possible Murder of his wife was proven &quot;by a preponderance of the evidence&quot; in this case, and probably officially a decade ago...whatever you&#039;re opinion may be.

The sentence was about what I thought...My prediction was here http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html - I was off by a bit.

</description>
		<content:encoded><![CDATA[<p>Well Chris,</p>
<p>I don&#8217;t believe his possible Murder of his wife was proven &#8220;by a preponderance of the evidence&#8221; in this case, and probably officially a decade ago&#8230;whatever you&#8217;re opinion may be.</p>
<p>The sentence was about what I thought&#8230;My prediction was here <a href="http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html" rel="nofollow">http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html</a> &#8211; I was off by a bit.</p>
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		<title>By: Tim</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45717</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Mon, 08 Dec 2008 10:21:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45717</guid>
		<description>Well Chris,

I don&#039;t believe his possible Murder of his wife was proven &quot;by a preponderance of the evidence&quot; in this case, and probably officially a decade ago...whatever you&#039;re opinion may be.

The sentence was about what I thought...My prediction was here http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html - I was off by a bit.

</description>
		<content:encoded><![CDATA[<p>Well Chris,</p>
<p>I don&#8217;t believe his possible Murder of his wife was proven &#8220;by a preponderance of the evidence&#8221; in this case, and probably officially a decade ago&#8230;whatever you&#8217;re opinion may be.</p>
<p>The sentence was about what I thought&#8230;My prediction was here <a href="http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html" rel="nofollow">http://joshuetree.blogspot.com/2008/12/oj-is-heading-to-prison-this-time.html</a> &#8211; I was off by a bit.</p>
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		<title>By: Chris</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45716</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Sun, 07 Dec 2008 23:18:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45716</guid>
		<description>Regarding the suggestion that &quot;punishing Mr. Simpson for a different crime--one he was acquitted of&quot; would be &quot;an affront to the principle of the rule of law,&quot; see, e.g., &lt;a href=&quot;http://pacer.cadc.uscourts.gov/common/opinions/200806/06-3090-1124149.pdf&quot; rel=&quot;nofollow&quot;&gt;here&lt;/a&gt;: &quot;[L]ong-standing precedents of the Supreme Court and [the D.C. Circuit] establish that a sentencing judge may consider uncharged or even acquitted conduct in calculating an appropriate sentence, so long as that conduct has been proved by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime of conviction. See United States v. Watts, 519 U.S. 148, 156-57 (1997); United States v. Brown, 516 F.3d 1047, 1050-51 (D.C. Cir. 2008); United States v. Dorcely, 454 F.3d 366, 371 (D.C. Cir. 2006); United States v. Boney, 977 F.2d 624, 636 (D.C. Cir. 1992); see also Williams v. New York, 337 U.S. 241, 247 (1949).&quot;

</description>
		<content:encoded><![CDATA[<p>Regarding the suggestion that &#8220;punishing Mr. Simpson for a different crime&#8211;one he was acquitted of&#8221; would be &#8220;an affront to the principle of the rule of law,&#8221; see, e.g., <a href="http://pacer.cadc.uscourts.gov/common/opinions/200806/06-3090-1124149.pdf" rel="nofollow">here</a>: &#8220;[L]ong-standing precedents of the Supreme Court and [the D.C. Circuit] establish that a sentencing judge may consider uncharged or even acquitted conduct in calculating an appropriate sentence, so long as that conduct has been proved by a preponderance of the evidence and the sentence does not exceed the statutory maximum for the crime of conviction. See United States v. Watts, 519 U.S. 148, 156-57 (1997); United States v. Brown, 516 F.3d 1047, 1050-51 (D.C. Cir. 2008); United States v. Dorcely, 454 F.3d 366, 371 (D.C. Cir. 2006); United States v. Boney, 977 F.2d 624, 636 (D.C. Cir. 1992); see also Williams v. New York, 337 U.S. 241, 247 (1949).&#8221;</p>
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		<title>By: A.W.</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45715</link>
		<dc:creator>A.W.</dc:creator>
		<pubDate>Sat, 06 Dec 2008 23:54:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45715</guid>
		<description>Paul,

I have to say your racialization of this is disappointing.  You could make just as good a case that the real fault lines are between women and men on this topic as along racial lines.  Or we can ignore all that and talk about the issues without racializing or genderizing the issues.

The man beat his wife, she divorced him and he eventually murdered her in a jealous rage.  Only an inordinate awareness of color makes his acquittal anything but a tragedy.  Feel free to argue that it is a necessary evil, but it is nonetheless an evil.

As for the argument that this demonstrates how good discretion is, um, hardly.  strict guidelines might have told the judge that she was being too harsh or too soft.  We will surely see people saying that she was too harsh, but without guidelines, what does this reflect but our own gut feelings about how much a person should be sentenced for this crime?

</description>
		<content:encoded><![CDATA[<p>Paul,</p>
<p>I have to say your racialization of this is disappointing.  You could make just as good a case that the real fault lines are between women and men on this topic as along racial lines.  Or we can ignore all that and talk about the issues without racializing or genderizing the issues.</p>
<p>The man beat his wife, she divorced him and he eventually murdered her in a jealous rage.  Only an inordinate awareness of color makes his acquittal anything but a tragedy.  Feel free to argue that it is a necessary evil, but it is nonetheless an evil.</p>
<p>As for the argument that this demonstrates how good discretion is, um, hardly.  strict guidelines might have told the judge that she was being too harsh or too soft.  We will surely see people saying that she was too harsh, but without guidelines, what does this reflect but our own gut feelings about how much a person should be sentenced for this crime?</p>
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		<title>By: Orin Kerr</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45714</link>
		<dc:creator>Orin Kerr</dc:creator>
		<pubDate>Sat, 06 Dec 2008 23:13:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45714</guid>
		<description>Thanks, Paul.  Interesting.  (I haven&#039;t followed the facts of the case or the relevant state law enough to really know.)

</description>
		<content:encoded><![CDATA[<p>Thanks, Paul.  Interesting.  (I haven&#8217;t followed the facts of the case or the relevant state law enough to really know.)</p>
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		<title>By: Tim</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45713</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Sat, 06 Dec 2008 22:46:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45713</guid>
		<description>Nevada has &quot;truth in sentencing&quot; meaning he was goind to have to serve 100% of his minimum sentence.

The judge gave him a minimum of nine years, so he will be serving nine years....I believe the minimum possible minimum sentence was 6 years by guidelines.  So it was a bit stiff, but of course judges have some descretion...he got extra for their being a gun, and being violent....and I find it hard to believe, seeing as how the judge was acutely aware of it, that his past didn&#039;t seep in somehow.

</description>
		<content:encoded><![CDATA[<p>Nevada has &#8220;truth in sentencing&#8221; meaning he was goind to have to serve 100% of his minimum sentence.</p>
<p>The judge gave him a minimum of nine years, so he will be serving nine years&#8230;.I believe the minimum possible minimum sentence was 6 years by guidelines.  So it was a bit stiff, but of course judges have some descretion&#8230;he got extra for their being a gun, and being violent&#8230;.and I find it hard to believe, seeing as how the judge was acutely aware of it, that his past didn&#8217;t seep in somehow.</p>
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		<title>By: Patrick S. O'Donnell</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45712</link>
		<dc:creator>Patrick S. O'Donnell</dc:creator>
		<pubDate>Sat, 06 Dec 2008 19:45:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45712</guid>
		<description>Kevin,

You may be right, but if I&#039;m not mistaken, criminal law is particularly severe in Nevada, as are many of the judges. Perhaps someone with more intimate knowledge of such things could enlighten us.

</description>
		<content:encoded><![CDATA[<p>Kevin,</p>
<p>You may be right, but if I&#8217;m not mistaken, criminal law is particularly severe in Nevada, as are many of the judges. Perhaps someone with more intimate knowledge of such things could enlighten us.</p>
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		<title>By: Kevin Jon Heller</title>
		<link>http://www.concurringopinions.com/archives/2008/12/mr_simpsons_nin.html/comment-page-1#comment-45711</link>
		<dc:creator>Kevin Jon Heller</dc:creator>
		<pubDate>Sat, 06 Dec 2008 19:35:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2008/12/mr-simpsons-nine-years.html#comment-45711</guid>
		<description>I have a difficult time believing anyone else would have received 9 years for the same crime.  And as for the assurances, would you really have expected the judge to say &quot;by the way, Mr. Simpson, your sentence reflects the murder of Nicole Brown, as well.&quot;  Legal or not, that would have been a PR disaster.

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		<content:encoded><![CDATA[<p>I have a difficult time believing anyone else would have received 9 years for the same crime.  And as for the assurances, would you really have expected the judge to say &#8220;by the way, Mr. Simpson, your sentence reflects the murder of Nicole Brown, as well.&#8221;  Legal or not, that would have been a PR disaster.</p>
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