Restitution Discussion Group Archives
| 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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