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Sender:
Nicola Shaw
Date:
Fri, 14 Feb 1997 19:27:30 +0000 (GMT)
Re:
Restitution for Wrongs

 

The successful civil proceedings against OJ Simpson raise an interesting issue with regard to restitution for wrongdoing. Following his acquittal in the criminal trial, OJ has made significant profits from the sale of his book and from interviews on (primarily) the murder trial. If we accept a wider basis for giving restitution for torts and prima facie allow recovery for such a wrong, could the estates of the victims claim restitution for these profits?

The unusual feature is that the profits are derived from his acquittal for a wrong which on a reduced standard of proof he was found liable for. Is there any theory of remoteness in restitution for wrongdoing which might exclude such recovery - ie. does the fact that the profits stem from a previous trial and acquittal on those facts sever the connection between them and the wrongdoing as established by the subsequent civil suit?

 

Nicky Shaw, Pembroke College.


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