The People v OJ Simpson on FX

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I’m surprised at how well they were able to build suspense given that the verdict was a forgone conclusion. I didn’t realize this was an extra length episode so I was surprised at how much post-verdict stuff was shown. I’m looking forward to next season; especially how they put together a coherent 10 part story about Hurricane Katrina.

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@Drum_God

How double jeopardy play into it if the trial isn’t resolved? Is it simply the idea that the trajectory of the trial turned south, so the state wants to bail and start over?

Jeopardy attaches when the jury is sworn. If a mistrial is properly declared, then no problem, you can start over again. But let’s say that Ito declares a mistrial and the defense objects. OJ then appeals the decision (probably an interlocutory appeal, but I think also possibly after the new trial leads to conviction) and the appeals court, for whatever reason, rules that a mistrial shouldn’t have been granted. Jeopardy has already attached and there’s no new trial, OJ walks free.

Here’s a recent, real example of such an event occurring:

During opening arguments in Otis’ April 2014 trial, his defense lawyer argued her client had “just snapped” and asked jurors to consider that mental illness comes in many forms. Prosecutors objected because the defense had not given notice of an insanity defense. The defense lawyer said no notice was required because she intended to rely on the testimony of lay witnesses rather than independent experts.

Judge Ural Glanville declared a mistrial over the defense lawyer’s objections and rescheduled a new trial to begin in two weeks.

The Georgia Supreme Court said the defense lawyer was right. Notice of an insanity defense is required only when expert testimony will be offered, the court said.

When a mistrial is improperly declared over the protest of the defense, the accused cannot be retried, the court said.

Given how ridiculous the OJ trial had become, it was probably pretty likely there’s be something to justify the mistrial, but that’s the underlying reason the prosecution should never push for a mistrial.