Questions about the OJ trial and American law?

Question

1) Why was the OJ trial held in Los Angeles instead of Santa Monica? Wasn't the prosecution aware that it consequently had a more difficult case due to the jury composition?

2) If I remember correctly, OJ never was questioned on the stand. Why was this?

3) If someone on the stand wishes to invoke their Fifth Amendment rights, is that usually seen as a silent admission to guilt?

Answer 1

1.  Change of venue can be requested if either the prosecution or defense feels they will not get a fair hearing in the city/county where the crime took place.    The crime is tried in the county where it happened in most cases.

2.  The Defendant does not have to take the stand.  If the defendant does take the stand in his own defense, the prosecution can cross examine the defendant.  

3.  Not always.  In the case of defendants, it usually does; but for the procesution witnesses, it can be a case of not wanting to reveal things unimportant to the trial.

Answer 2

"1) Why was the OJ trial held in Los Angeles instead of Santa Monica?"

The murders occurred in Los Angeles, so that's where the trial was held.

"Wasn't the prosecution aware that it consequently had a more difficult case due to the jury composition?"

Of course.

"2) If I remember correctly, OJ never was questioned on the stand. Why was this?"

He (or, more accurately, his lawyers) decided not to take the stand. That is a defendants right under both English and American law.

"3) If someone on the stand wishes to invoke their Fifth Amendment rights, is that usually seen as a silent admission to guilt?"

Technically, no - but it's inevitable that at least some jurors will see it that way, which is why defendants rarely take the stand at all, rather than take it and have the DA ask them questions they know will get a "I decline to answer that question since the answer might incriminate me" answer.

Richard

Answer 3

1) Well, the defense can request a change in venue too, but if it was indeed the prosecution that requested this one, you'd have to ask them what their strategic reason for doing so was.

2) Criminal defendants don't always testify in their own defense; because of the Fifth Amendment they can't be forced to if they choose not to, and their attorneys will sometimes choose not to put them on the stand so that they aren't vulnerable to cross-examination by the prosecution.

3)  It's not supposed to be, but juries are human and I imagine it does have an influence.