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  • Sentencing day for Harvey Weinstein.

  • As we've been reporting, the disgraced Hollywood mogul was sentenced to 23 years in prison by Judge James Burke.

  • Weinstein must also register as a sex offender.

  • Fordham Law School professor Cheryl Bater is joining us now.

  • She teaches criminal law and as a former assistance assistant U.

  • S attorney with the District of New Jersey.

  • And we know you've been following this.

  • You've been a guest with us before and we appreciate it.

  • What is your reaction to the sentence today?

  • Something.

  • This is a day of reckoning for sexual assault victims.

  • This was a very serious sense, and I think it sends a message that the hammer of the law will come down hard on perpetrators of sexual violence.

  • I think the verdict in general as well as the sentencing is significant because it shows that the victims will be taken seriously and that the power dynamic is one that will be considered in these cases.

  • And a victim doesn't have to be that perfect victim for prosecutors to take.

  • You know what might be a messy case and actually succeed in getting a very serious verdict.

  • We know he could have faced 29 years again sentenced to 23 years.

  • Um, in a situation like today, you have victim impact statements.

  • Harvey Weinstein spoke for the first time, and, uh, you know, and he's talking about thousands of people could stand up for him and all of that type of a thing.

  • What usually roil the defendants, say the convicted person say.

  • I mean, there are some people saying, Wait a second.

  • He's acting like the victim.

  • What did you think of that So often?

  • The defense will give some statement about their remorse.

  • I think it's very difficult in this case for Harvey Weinstein to really show remorse that would be adequate for for the judge in a case where there's been this, you know, significance conduct for so many years.

  • And he did express some remorse.

  • So he expressed some remorse.

  • But it was interesting, he said, that he was remorseful about the situation.

  • He couldn't even really sort of, you know, state.

  • But he did, he said, that he felt badly about you know what had happened for his family, and that's very typical.

  • Often, ah, defendant will apologize to their family publicly as well as to the court and sometimes maybe victims.

  • But it seemed like his rambling statement about, you know, due process and and things of that nature, really, I think, undermined any statement of remorse here.

  • So we did hear from the defense attorneys Donora to know who's from Chicago.

  • Ah, and here's she called this unfair.

  • The sentence and too harsh.

  • Let's listen to what she said after the sentencing.

  • Sir Weinstein really never had a fair shake from Day one on.

  • I'm not here to say that he's a victim, and I'm not here to say Poor Harvey.

  • But what I am here to say is we're looking for fairness and we didn't get it.

  • Course it's too harsh.

  • It's ridiculous.

  • Harvey feels terrible.

  • Of course he does.

  • This is not an easy day.

  • We hope that this sentence will speak to the appellate court in a way that will show that this has been unfair from the very beginning.

  • And here's just one more thing that we can add to the list of things that did not show a fair, just and impartial trying.

  • In speaking of its unfairness, she noted several things as well as one of her fellow attorneys talking about not only the presentation of the case, but beforehand the media attention, protesters me to protesters outside.

  • Was this even the right venue?

  • They plan on appealing of the case.

  • Um, I guess there's no surprise, really, when you hear what she had to say, right?

  • So I mean, the sense was well within the judge's discretion, right?

  • The judge gave 20 years on the higher count, which was the criminal sex act in the first degree and three years on on the rape in the third.

  • And that was well within the statutory limitation in terms of, you know, issues of appeal.

  • I mean, certainly they're going to raise issues on appeal.

  • I think it's gonna be hard to appeal the sentence, though, because it was within that the judge's discretion.

  • They may raise an issue that the prosecutor has brought in, you know, other victim impact information within the context of the letter that they submitted.

  • And there is this balance between this notion that if the jury doesn't decide ah fact beyond a reasonable doubt that it shouldn't be the basis of punishment that that does violate due process.

  • But I don't think that you know, the Supreme Court has spoken, saying that you can.

  • The judge can holistically look at the defense, their characteristics and and their background.

  • So I don't think there's going to be much to appeal in terms of the harshness of the sentence.

  • I think there will be some issues on appeal in terms of, you know, jurors that were seated in terms of this Molyneaux or bad act, evidence that the judge allowed in some restrictions they've placed on the defense.

  • So I think, well, you know, certainly see on appeal.

  • But I don't think it will be the harshness of the set.

  • And so let's talk about the District attorney, Cy Vance.

  • And he said after the sentence, it is totally appropriate in this case to communicate to a wider audience.

  • That sexual assault, even if perpetrated upon an acquaintance or in a professional setting, is a serious offense worthy of a lengthy prison sentence.

  • He had also said, and he had come under criticism to for you know how the allegations against Harvey Weinstein in the city before all of this, how they were handled by the NYPD and the prosecutor's office, eh?

  • So he shouldn't be gloating, right?

  • But feeling good about it, I suppose, is the right thing to say, right?

  • I mean, I think I think he has reason to feel good, that this was a significant sense.

  • But I think this sends a message to victims to the public.

  • I mean, will be interesting to see, you know, whether there's also a sea change in terms of, you know, how how this impacts the workplace.

  • Because one of things that didn't come up in the trial and that's what the trial was not about, you know, was the sort of complicity or willful ignorance of people that dealt with Harvey Weinstein that were in the industry that just want to ride his coattails and really didn't do anything to hold him accountable.

  • And of course, you know, Bands has received criticism, you know, for failing to prosecute cases that, you know, when this was brought to his attention.

  • So I think it'll be interesting to see, you know, if we see a sea change there.

  • So during today's sentencing, all six women who testified were sitting there in the front row.

  • Um, and one person said in just that probably was the first time Mr Weinstein saw all of them, you know, face to face in there.

  • Let's listen to obviously the two cases.

  • The decision was based on the two cases of Mimi Hayley and just a command.

  • Let's listen to attorney Gloria Allred, who represents Haley 20 plus three years and part of the consideration in handing down a sentence by a court to a person convicted of felonies.

  • It's considered a deterrent effect.

  • So for all those who are still preying on women who want engage in the high risk taking, harming women, thinking you'll get away with it, that gamble is likely not to pay off for you anymore.

  • All right also represents a woman who is part of the case in Los Angeles, where charges have been filed against Weinstein.

  • What does the effect of the conviction and sentencing here in New York?

  • What's the effect on the future of what happens out there?

  • Will he be?

  • Will they continue with the case?

  • Will he be extradited?

  • How does that all work?

  • So I assume that they will want to continue on.

  • They'll want to vindicate the rights of the victims in their jurisdiction, and so they will extradite him over to California.

  • Some point me hasn't been arraigned yet on that case, and trial hasn't been scheduled, but I assume it's some point it will be.

  • I think they'll face very similar issues to what they faced here.

  • So, for instance, I think will be even more difficult to find jurors that are not familiar with this case.

  • And it'll be interesting to see whether jurors in that case will feel more empowered to return a verdict of guilt.

  • You know, understanding that another jury who has seen this power dynamic and these complicated relationships has found that yes, this does constitute rape and just thio wrap it up here, share.

  • I think it's so important to speak against.

  • What about what this said for the 70 to 90 women who are victims, alleged victims of Weinstein and the feelings that they have had for so much of their lives or for recent part of their lives?

  • What it says to them and what it says to other women is you just touched on about having the courage, right?

  • I think it says to them you'll be heard, even if you're not perfect, that even if the relationships are messy.

  • That that we will hear you and you will have your day in court.

  • And I think again this sort of reckoning that, you know, this man is gonna receive significant punishment, right?

  • He's going from the sort of red corporate treatment to Rikers Island in a state prison state name.

  • State prison on it is you know, prison is rough.

  • I mean, you have no rights, no privacy, no humanity.

  • And given his age and how difficult it is, toe live in prison.

  • You know, he may not ever see the light of day.

  • Cheryl Badir.

  • Thank you so much.

  • Fordham Law School professor and former assistant U.

  • S.

  • Attorney for the District of New Jersey.

  • Thank you so much for your insight.

  • It's so, so helpful to us.

  • Thank you.

  • Good to be here.

  • Thanks.

Sentencing day for Harvey Weinstein.

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專家分析哈維-韋恩斯坦的判刑方式 (Expert Analysis Of Harvey Weinstein's Sentence)

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    林宜悉 發佈於 2021 年 01 月 14 日
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