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IPFS News Link • Criminal Justice System

Here's Why Justice May Demand That Harvey Weinstein Goes Free

• https://news.yahoo.com by Alex Berke

The thought that a man who evaded justice for so long may do so again is infuriating. Whatever joy we experienced from Weinstein's February 2020 conviction for rape and assault now feels like an old memory of a moment when the MeToo movement proved that women have rights, and powerful people could be held to account.

But as maddening as it is that Weinstein's conviction may be overturned, his lawyer's arguments for appeal are sound and frustrations may be better focused on the prosecutors rather than the court. While it may appear that these are technical legal maneuvers, in fact the evidentiary questions at issue go to the core values of our legal system.

Prosecutors are supposed to prove the crimes they have charged, using evidence that shows the defendant committed the crime at issue. It is a well-established legal principle that prosecutors are not supposed to use the defendants' character or character traits to prove that they committed the crime they are being tried for.


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