Lee Harvey Oswald lives to be put on trial?

[mullauna]

How would Oswald's trial have gone? the outcome is certain - a date with Old Sparky - but the fallout of the trial and of Oswald's execution?

[lordroel]

Mar 24, 2019 9:31:02 GMT mullauna said:

How would Oswald's trial have gone? the outcome is certain - a date with Old Sparky - but the fallout of the trial and of Oswald's execution?

There is a movie made in 1977 called the The Trial of Lee Harvey Oswald but it does not give much a answer wheter Lee is guilty ore not as he like in OTL gets shot death before his verdict is announced.

[perkeo]

The conspiracy theories are everywhere IOTL. Nothing Oswald or his lawyers say during the trial could make things worse unless he gives some concrete information on who the conspirators were - real or fake. But for this he would have to admit he was indeed guilty.
Either way, it would be difficult to deny that he was involved in the shooting of Kennedy and even more difficult that he shot Tippit, so I suppose his fate is sealed.

[panther21]

His lawyers would have probably been able to cause so much doubt into who actually pulled the trigger that the trial end result would have been a mistrial or not guilty verdict.
The angles of a Mob hit were deep and multiple.

[lordroel]

Apr 6, 2019 1:38:34 GMT panther21 said:

His lawyers would have probably been able to cause so much doubt into who actually pulled the trigger that the trial end result would have been a mistrial or not guilty verdict.
The angles of a Mob hit were deep and multiple.

Do not think that will happens, the American people want somebody to be guilty for the murder of JFK, Oswald if he did hit ore not is the right person in the right place to be found huilty for it.

[kyng]

Yeah, I don't believe these conspiracy theories. Besides, even if they were true, and there were other shooters, Oswald wouldn't have been off the hook, because he would still have been a shooter: he would just have been one of several, instead of the only one.

(As a fun fact: when JFK's assassination took place, there was no federal law making it illegal to kill the President of the United States. Therefore, the assassination was not treated as a federal crime; instead, it fell under local jurisdiction. This makes me wonder: what if the assassination had taken place on some unincorporated, unorganized territory with no local government to speak of? Oswald could have shot JFK in the face on some beach on some outlying atoll, and there could have been *no* doubt that it was him - but, it wouldn't have been possible to do anything because he wouldn't have been breaking the law...)

[stevep]

Apr 6, 2019 22:10:01 GMT kyng said:

Yeah, I don't believe these conspiracy theories. Besides, even if they were true, and there were other shooters, Oswald wouldn't have been off the hook, because he would still have been a shooter: he would just have been one of several, instead of the only one.

(As a fun fact: when JFK's assassination took place, there was no federal law making it illegal to kill the President of the United States. Therefore, the assassination was not treated as a federal crime; instead, it fell under local jurisdiction. This makes me wonder: what if the assassination had taken place on some unincorporated, unorganized territory with no local government to speak of? Oswald could have shot JFK in the face on some beach on some outlying atoll, and there could have been *no* doubt that it was him - but, it wouldn't have been possible to do anything because he wouldn't have been breaking the law...)

  Gods that's a very awkward loop-hole.  Would there be some law against murder in any such place under the administration of a national government - I presume your thinking of a US possession - which penalised murder? 

  Presumably if he had been shot while abroad, say on his visit to Berlin, it would have had to come under W German law as a basic murder case?  Or in the Bahamas when I think he had a meeting with Macmillian there, under British law.

[mcnutt]

All the evidence shows Oswald did it on his own. If Oswald had lived to stand trail, it would be harder for the conspiracy theorists to spread their lies. There would be so much coverage of the trail that more people would know the facts. Oswald will be found guilty of murdering President Kennedy and Officer Tippit. He will get the death penalty. He will not be executed. His appeals will last until late 1967. There were no executions in the US from July 2, 1967 until January 19, 1977. During those years opponents of the death penalty stopped the executions with law suits. A successful appeal would add years of delay. Jack Ruby's death sentence was overturned. Texas law forbid using at trail statements a defendant made before they talked to a lawyer. Unless it was put in writing and signed before witnesses. The prosecutors violated that law by using the statements Ruby made to police after his arrest. The prosecutors would be tempted to use the lies Oswald told during interrogation. As well as his admission that he picked up the pistol he used to kill Tippit when he went back to his room after he left work. If prison security was good enough so that Oswald could live unitl 1972, then he would have been spared execution. That year the Supreme Court threw out everyone's death sentence. 

[mcnutt]

The length of Oswald's life ITTL depends on prison security and prison health care. He would be 79 now.

[kyng]

Apr 7, 2019 10:11:27 GMT stevep said:

Apr 6, 2019 22:10:01 GMT kyng said:

Yeah, I don't believe these conspiracy theories. Besides, even if they were true, and there were other shooters, Oswald wouldn't have been off the hook, because he would still have been a shooter: he would just have been one of several, instead of the only one.

(As a fun fact: when JFK's assassination took place, there was no federal law making it illegal to kill the President of the United States. Therefore, the assassination was not treated as a federal crime; instead, it fell under local jurisdiction. This makes me wonder: what if the assassination had taken place on some unincorporated, unorganized territory with no local government to speak of? Oswald could have shot JFK in the face on some beach on some outlying atoll, and there could have been *no* doubt that it was him - but, it wouldn't have been possible to do anything because he wouldn't have been breaking the law...)

  Gods that's a very awkward loop-hole.  Would there be some law against murder in any such place under the administration of a national government - I presume your thinking of a US possession - which penalised murder? 

  Presumably if he had been shot while abroad, say on his visit to Berlin, it would have had to come under W German law as a basic murder case?  Or in the Bahamas when I think he had a meeting with Macmillian there, under British law.

Yeah, if he did it in Germany, he could certainly have been prosecuted under the German legal system. I'm thinking more of places like the United States Minor Outlying Islands. (Or, perhaps, on any federal land? I don't know whether it would be possible to apply any local/state laws there - but if only federal law applies there, then Oswald wouldn't have committed a crime had he assassinated JFK in a national park or something ) 

[mcnutt]

Yeah, if he did it in Germany, he could certainly have been prosecuted under the German legal system. I'm thinking more of places like the United States Minor Outlying Islands. (Or, perhaps, on any federal land? I don't know whether it would be possible to apply any local/state laws there - but if only federal law applies there, then Oswald wouldn't have committed a crime had he assassinated JFK in a national park or something )

By killing President Kennedy and Officer Tippet, Oswald twice violated the Texas law against murder. If he had survived, he would have been tried for the two murders. Because of the overwhelming evidence he would have been convicted.

[insect]

Murder of a cop doesn't sit well with law enforce ment so even if j.f.k. lived jail security won't like him much.