THE JUICE VERDICT SPILLOVER

by Monte Hester; March 1996

                From a criminal defense perspective, the result of the O.J. acquittal may have some positive benefits for those currently charged with criminal offenses.

                The O.J. jury has proclaimed their verdict was mandated because there was a "reasonable doubt."  A current juror who is familiar with the O.J. case now has a reasonable doubt standard that they may consciously or subconsciously apply in making a decision as a juror.  A juror's reaction may well be "If there was a reasonable doubt as to O.J.'s guilt, there sure as hell must be as to this defendant."

                Also, I think jurors are going to be more likely to engage in more expeditious deliberations.

                We just finished a self-defense second degree manslaughter case.  The jury heard that our client shot at a man who was in his front yard sixteen times, eight of which shots struck him with five of those being in his back from which was ___ .

                Before the shooting the decedent and his wife had harassed our client by tailgating him as he was driving home with his four year old son after attending a Mariners' game.  The tailgater (now deceased) followed our client and confronted him in his front yard where the decedent threatened he was going to shoot our client.  Our client armed himself with a semi-automatic and while he was attempting to take his son into his home was struck at least twice knocking him to the ground.  He observed the decedent reach for his backside, believing he was going to shoot him.  He then started shooting for purposes of preserving the life of his son and himself. 

                We put on an expert who trains police to shoot in self-defense who reported that it is not unusual for police to respond in the same fashion (number of shots, placement of hits) when a shooting decision is made.

                The jury actually deliberated the morning after the O.J. decision for less than one hour (reportedly 17 minutes) reaching a not-guilty verdict and a verdict that the not guilty verdict was based on a finding of justifiable homicide which means the client can recover his reasonable expenses such as attorney fees, investigation costs, time from work and bail costs.  See RCW 9A.16.110.

                Was the jury juiced?