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Harvey Weinstein Conviction Thrown Out The New York Times

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And that panel of judges overturned the conviction. Prosecutors were taking a risk by including them because there’s a bedrock principle of criminal law that when a person is on trial, the evidence should pertain directly to the charges that are being examined. So prosecutors took this risk, and it seemed to pay off in a big way. So on Thursday morning, New York’s highest court threw out Harvey Weinstein’s conviction for sex crimes and ordered a new trial. In 2020, he had been convicted of sexually abusing two women.

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But these cases are not necessarily reliable indicators of what’s really happening, what’s really changing, because what we’re also seeing is real structural change on the legal level. Laws protecting women have changed in, I think, 23 states since 2017. The New York statute of limitations was extended for rape directly in response to the Weinstein allegations.

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It’s almost like a trial and error, “one step forward, two steps back” dynamic. And so to prove those cases, you have to try to get new kinds of evidence in court. And some of those attempts are going to succeed, as they did in the Weinstein trial the first time around. And some of those efforts are going to fail, as we see with the overturning of the conviction. # But that kind of experimentation, potential expansion, is potentially a sign of the health of the system and the idea that the legal system may be, to some degree, catching up with #MeToo.

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Posted: Thu, 14 Mar 2019 07:00:00 GMT [source]

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We never knew what the legal system would do. We never knew whether he would be convicted or not. It’s the women who are the narrators of this story now, and that won’t be overturned. They say things like, I lost opportunities because of this, or, I could never work in Hollywood again.

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So in a way, you’re saying that the story is much bigger than those criminal allegations against Weinstein. In a way, they’re the tip of the iceberg. But underneath, there is this whole culture of men abusing their power, against women in particular, in the workplace.

And they say, my whole life is different because of that. And it’s just not something that any criminal court is quite built to capture. And that’s not something that any criminal court can capture. And that the evidence served a really important function in the trial, that something is lost without it. And then, to heighten things, the same thing basically happened in Los Angeles.

But what they also openly admitted is that they had had consensual sex with Weinstein as well. And the conventional prosecutorial wisdom is that it’s too messy for a jury, that they’ll see it as too gray, too blurry, and will hesitate to convict. # Jodi, you and your reporting partner, Megan Twohey, were the ones who broke the Harvey Weinstein scandal, which really defined the #MeToo movement and was at the center of this court case.

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In this case, the traditionalist judges prevailed by a single vote. But these were witnesses whose allegations were not actually on trial. “Cookbook sales in the U.S. grew 8% year-on-year between 2010 and 2020, with sales numbers boosted even further by the pandemic,” wrote Kate Gibbs in a 2022 story in the Guardian. Nab a table at Mother Wolf for a taste of chef Evan Funke’s ode to Rome. The room is boisterous and full of well-dressed diners, while the tables are topped with plenty of pasta and pizzas. Invite the amaro cart over for a post-dinner digestif to pair with Shannon Swindle’s unbeatable desserts.

And then, if we called the first team of judges the traditionalists, let’s call the dissenters the realists. And they’re talking about the way sexual crimes play out in the real world and what’s necessary to effectively prosecute them. And they are incredibly critical of the majority. But by watching the proceedings, we could tell that the judges were actually taking the questions pretty seriously. And then Weinstein’s lawyers took their last shot. They made their last case at the highest level of the New York courts, and they won.

Well, back in New York, prosecutors have a really tough question to face, which is, do they retry this case? On the one hand, the Weinstein conviction meant so much to so many people that to just drop it seems very unsatisfying. So those majority-opinion judges simply say that this was a kind of overreach by the prosecutor, that this isn’t how the criminal justice system works. There was a lot of concern, first of all, for what was going to happen to Weinstein himself, all that that symbolized, but also what sort of message they were sending going forward. So in the actual opinion, the judges divide into — let’s call them two teams.

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