[PLOlover]

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I'll grant you the premise that OJ committed 2nd degree murder, since I don't have the offhand legal expertise to judge the difference between 1st and 2nd degree. Allow me to spell this out:

* OJ committed 2nd degree murder.

* The evidence showed beyond a reasonable doubt that OJ committed 2nd degree murder.

* The prosecution charged him with 1st degree murder, but it is perfectly within the court's legal power to nevertheless convict him of 2nd degree murder, and the jury knew this.

* Conclusion: OJ should have been convicted of 2nd degree murder.

Any other conclusion (given these premises) is moronic. Mr. Sklansky, you are not making the slightest bit of sense.

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I think the one bit of fact that skansky is misinterpreting, is that the jury instructions only allowed for 1st degree or acquit, because the prosecution was so sure of a victory they didn't want the jury to have the option of 2nd degree because they might take it if the deliberations got long and settle on 2nd just to get out of there.

that's what I heard anyway, it was a long time ago but I think it is correct.