# Why didn't the anyone call OJ to the stand? **URL:** \ **Category:** Factual Questions\ **Created:** [December 24, 2015, 1:00pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256 "2015-12-24T13:00:21Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [December 24, 2015, 8:12pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/21 "2015-12-24T20:12:26Z")
> [@bomberswarm2](#): > > In Australia, making an unsworn statement from the dock is no longer legal to stop people abusing the 5th like OJ did. How did he “abuse” the 5th? ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [December 24, 2015, 8:46pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/22 "2015-12-24T20:46:18Z")
This presentation by a lawyer and a cop does a really good job explaining why the fifth amendment is important: [- YouTube](https://www.youtube.com/watch?v=6wXkI4t7nuc) ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [December 24, 2015, 8:59pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/23 "2015-12-24T20:59:23Z")
> [@PSXer](#): > > so what’s the point of the 5th amendment > > all it does is help criminals get away with it > is it time to re-examine it Suppose you got a speeding ticket. And now you’re at trial. How would you feel if the DA was able to ask you _“Mr PSXer, have you ever driven faster than the speeding limit?”_ ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [December 24, 2015, 9:12pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/24 "2015-12-24T21:12:33Z")
A little more to the point, if you killed Cock Robin and the DA asks you if you killed Cock Robin what are you going to do? If you say no the DA will call you a liar, if you say yes the jury will tend to believe you, if you refuse to answer the DA will say and the jury will believe that you did it. The burden of proof lies with the state, and you don’t have help them out. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 24, 2015, 9:39pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/25 "2015-12-24T21:39:19Z")
> [@jz78817](#): > > “Better a hundred guilty go free than one innocent suffer.” The interesting thing about this aphorism is that it’s often quoted as though it’s an absolute principle, when it must surely be a pragmatic and quantitative one. If we felt the acceptable ratio were as high as 1000:1, we might barely be comfortable with prosecuting anyone, ever. If we felt that a ratio of 10:1 were acceptable, perhaps repealing that part of the 5th amendment might be ok. So, is 100 really the number? It’s a serious question. Obviously, we may feel different ratios apply to different crimes and different circumstances. Personally I feel 100 is a little high. Weighing the chance of being wrongly imprisoned myself, I think wrongly imprisoning 1 person for life to keep 100 murderers off the street might be reasonable. ---
**Author:** ![bomberswarm2](https://avatars.discourse-cdn.com/v4/letter/b/c37758/32.png) [@bomberswarm2](https://boards.straightdope.com/u/bomberswarm2)\ **Post date:** [December 24, 2015, 9:47pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/26 "2015-12-24T21:47:03Z")
> [@Little\_Nemo](#): > > Suppose you got a speeding ticket. And now you’re at trial. How would you feel if the DA was able to ask you _“Mr PSXer, have you ever driven faster than the speeding limit?”_ The DA could ask that in cross examination anyway, and the defense lawyer would object of relevance, and it would be sustained. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [December 24, 2015, 9:49pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/27 "2015-12-24T21:49:26Z")
> [@bomberswarm2](#): > > The DA could ask that in cross examination anyway, and the defense lawyer would object of relevance, and it would be sustained. If you don’t take the stand, there is no cross-examination. edited to add: And how do you know such a question would be disallowed by the judge, anyway? ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [December 24, 2015, 10:01pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/28 "2015-12-24T22:01:45Z")
> [@bomberswarm2](#): > > In Australia, making an unsworn statement from the dock is no longer legal to stop people abusing the 5th like OJ did. The Fifth Amendment doesn’t apply in Australia. If you get your knowledge of the legal system by watching American courtroom dramas, you might find yourself surprised if you’re ever charged with a crime outside of America. Or inside America. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [December 24, 2015, 10:36pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/29 "2015-12-24T22:36:20Z")
> [@Czarcasm](#): > > If you don’t take the stand, there is no cross-examination. > > edited to add: And how do you know such a question would be disallowed by the judge, anyway? Goes to prior bad conduct, which is not allowed, unless the defendant himself has put his past behaviour in issue. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 24, 2015, 10:45pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/30 "2015-12-24T22:45:39Z")
> [@Lemur866](#): > > Or inside America. Ok, so what ARE my rights when a Crime Scene Investigator arrests me and confronts me with an enhanced CCTV image that shows my reflection in the victim’s eyeball just as he is being stabbed? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [December 24, 2015, 10:49pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/31 "2015-12-24T22:49:13Z")
> [@Riemann](#): > > Ok, so what ARE my rights when a Crime Scene Investigator arrests me and confronts me with an enhanced CCTV image that shows my reflection in the victim’s eyeball just as he is being stabbed? I’ve got a friend named Abby that works in NCIS that owes me a favor. Give me a call. ---
**Author:** ![busterpickle](https://avatars.discourse-cdn.com/v4/letter/b/258eb7/32.png) [@busterpickle](https://boards.straightdope.com/u/busterpickle)\ **Post date:** [December 24, 2015, 11:03pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/32 "2015-12-24T23:03:07Z")
> [@Riemann](#): > > Ok, so what ARE my rights when a Crime Scene Investigator arrests me and confronts me with an enhanced CCTV image that shows my reflection in the victim’s eyeball just as he is being stabbed? For starters, I would want proof that whatever algorithm that the CSI person used was accurate enough to provide for evidence that it was you. It’s a mathematical equation that takes the dots and “elaborates” upon it. If we were talking murder, I’d argue for 100% accuracy and reject anything less. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [December 24, 2015, 11:19pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/33 "2015-12-24T23:19:09Z")
> [@Riemann](#): > > Ok, so what ARE my rights when a Crime Scene Investigator arrests me and confronts me with an enhanced CCTV image that shows my reflection in the victim’s eyeball just as he is being stabbed? You have the right to [hire a hacker](http://40.media.tumblr.com/146e6d7414d77d68969eac98fb675fa9/tumblr_nfesxvg2Sk1qlo56to10_1280.png)who will hack into the CSI databases and servers to replace all of the images with a picture of your worst enemy (including all offline backups, of course). For an extra fee, they will insert a visual basic script into the CSI routers to scan for any images of you and isolate them on the other side of the firewall. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 24, 2015, 11:24pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/34 "2015-12-24T23:24:45Z")
> [@electronbee](#): > > For starters, I would want proof that whatever algorithm that the CSI person used was accurate enough to provide for evidence that it was you. It’s a mathematical equation that takes the dots and “elaborates” upon it. If we were talking murder, I’d argue for 100% accuracy and reject anything less. If my only defense is to challenge the well known “enhance” technology, I think I’m in deep trouble. [![](https://img.youtube.com/vi/LhF_56SxrGk/maxresdefault.jpg "Let's Enhance HD") ](https://www.youtube.com/watch?v=LhF_56SxrGk) ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [December 24, 2015, 11:36pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/35 "2015-12-24T23:36:37Z")
> [@Riemann](#): > > TPersonally I feel 100 is a little high. Weighing the chance of being wrongly imprisoned myself, I think wrongly imprisoning 1 person for life to keep 100 murderers off the street might be reasonable. Not if you’re the one wrongfully imprisoned. I know, I know: that couldn’t happen to _you._ And the reason it can’t happen to you is because of the Bill of Rights. Otherwise the police and prosecutors can go after anyone they want for any reason they want. ---
**Author:** ![Hocus\_Pocus](https://avatars.discourse-cdn.com/v4/letter/h/41988e/32.png) [@Hocus\_Pocus](https://boards.straightdope.com/u/Hocus_Pocus)\ **Post date:** [December 24, 2015, 11:45pm UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/36 "2015-12-24T23:45:27Z")
> [@Lemur866](#): > > The Fifth Amendment doesn’t apply in Australia. > > If you get your knowledge of the legal system by watching American courtroom dramas, you might find yourself surprised if you’re ever charged with a crime outside of America. Or inside America. Many Americans watch courtroom & police dramas and end up being surprised by what they find out about the law. Television is a horrible educator about the law & law enforcement. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [December 25, 2015, 12:02am UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/37 "2015-12-25T00:02:32Z")
> [@RealityChuck](#): > > Not if you’re the one wrongfully imprisoned. I know, I know: that couldn’t happen to _you._ Well, I specifically said that I weighed the chance of being falsely imprisoned myself. You may disagree, but your suggestion that I’m not considering that is unfounded. My point was that burden of proof is not a question of absolute rights. We make a quantitative decision on the degree of certainty that’s acceptable, “beyond a reasonable doubt” for crimes. Clearly, we are okay as a society with imprisoning _some_ innocents, or the hurdle would be “to an absolute 100% certainty”. The hurdle we choose determines a ratio of false imprisonments to failures to convict the guilty. Anyway, I thought the original question was answered so a minor tangent was ok, but this is probably more suited to a separate IMHO. ---
**Author:** ![BMalion](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@BMalion](https://boards.straightdope.com/u/BMalion)\ **Post date:** [December 25, 2015, 4:59am UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/38 "2015-12-25T04:59:02Z")
> [@TriPolar](#): > > A little more to the point, if you killed Cock Robin and the DA asks you if you killed Cock Robin what are you going to do? If you say no the DA will call you a liar, if you say yes the jury will tend to believe you, if you refuse to answer the DA will say and the jury will believe that you did it. The burden of proof lies with the state, and you don’t have help them out. “Who killed Kirk Robbin? I killed Kirk Robbin and not with my little bow and arrow. Don’t try to find me as I’m shuffling off to Buffalo. Signed Buck Wing.” ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [December 25, 2015, 5:06am UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/39 "2015-12-25T05:06:47Z")
> [@Isilder](#): > > In my state, NSW, Australia, but its a Westminster system the same… > sworn statements from the dock are now gone, and the choice is to be cross examined, OR not say anything at all. > > This seems rather a basic violation of due human rights, because when you please not guilty, you ought to be able to give an explanation of it… > > You might be worried that when you plead “not guilty” its said with a lot of stress, because its at the opening minutes of the trial. > The explanation of it might sound more truthful when its said as a full sentence at the end of a trial… But NSW is a police state, anything they say is true and right and just … any criticism must be a lie. To fix this hijack; what you [are saying is untrue](http://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/burn-movie/the-right-to-silence). ---
**Author:** ![RadicalPi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/radicalpi/32/9806_2.png) [@RadicalPi](https://boards.straightdope.com/u/RadicalPi)\ **Post date:** [December 25, 2015, 6:47am UTC](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256/40 "2015-12-25T06:47:27Z")
> [@Riemann](#): > > The interesting thing about this aphorism is that it’s often quoted as though it’s an absolute principle, when it must surely be a pragmatic and quantitative one. > > If we felt the acceptable ratio were as high as 1000:1, we might barely be comfortable with prosecuting anyone, ever. > > If we felt that a ratio of 10:1 were acceptable, perhaps repealing that part of the 5th amendment might be ok. > > So, is 100 really the number? It’s a serious question. Obviously, we may feel different ratios apply to different crimes and different circumstances. > > Personally I feel 100 is a little high. Weighing the chance of being wrongly imprisoned myself, I think wrongly imprisoning 1 person for life to keep 100 murderers off the street might be reasonable. Well, it’s impossible to get completely accurate statistics for this, but from what studies have been done, about 2.3% to 5% of people in jail are innocent. Which is a ratio of somewhere between 43 and 20 to 1. [Previous page](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256.md?page=1) [Next page](https://boards.straightdope.com/t/why-didnt-the-anyone-call-oj-to-the-stand/741256.md?page=3)