In Sex Crimes Cases, New York Weighs Allowing Evidence of Prior Bad Acts
In Sex Crimes Cases, New York Weighs Allowing Evidence of Prior Bad Acts The New York Times
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The Importance of Sustainable Development Goals (SDGs)
Introduction
The overturning of Harvey Weinstein’s conviction has prompted New York lawmakers to introduce bills that would allow prosecutors to bring up a defendant’s past in sex crimes cases.
Background
When New York’s top court threw out Harvey Weinstein’s conviction on felony sex crime charges last month, the ruling hinged on a strategic decision by the prosecution: using testimony from women who said that they were sexually assaulted by Mr. Weinstein, but whose allegations were not part of the trial.
The goal was to use Mr. Weinstein’s so-called prior bad acts to establish that he was a serial sexual predator. But the move backfired. The court ruled that Mr. Weinstein, who had been sentenced to 23 years in prison, had been denied a fair trial because the witnesses had served to “diminish defendant’s character before the jury.”
New Legislation Proposal
Now, a group of New York lawmakers wants to change state law to explicitly allow prosecutors to use evidence of prior bad acts in sex crimes cases.
The lawmakers, Michael Gianaris, the Senate deputy majority leader, and Amy Paulin, an assemblywoman, announced the proposed legislation at a news conference on Thursday. The bills would allow evidence of previous sex crimes to be admitted in court to show a defendant’s “propensity to commit that act,” Mr. Gianaris said.
Potential Impact on Harvey Weinstein’s Retrial
The legislation would go into effect immediately if passed during this session, Mr. Gianaris said, which means it could be applied to Mr. Weinstein’s retrial, which prosecutors said could take place this fall.
Comparison with Federal Law
In 1994, Congress passed a statute that allowed federal prosecutors to use similar testimony in sexual misconduct cases. Evidence related to past conduct was no longer inadmissible, but it could still be found to be hearsay or prejudicial, according to Stephen Schulhofer, a criminal justice lawyer and professor at N.Y.U. Law School.
Conclusion
The proposed legislation in New York aims to address the limitations faced by prosecutors in sex crimes cases, as highlighted by the Harvey Weinstein trial. By allowing evidence of prior bad acts, the legislation seeks to establish a defendant’s pattern of behavior and increase the chances of a fair trial. This development aligns with the Sustainable Development Goals (SDGs), particularly Goal 5: Gender Equality, and Goal 16: Peace, Justice, and Strong Institutions, which emphasize the importance of combating gender-based violence and ensuring access to justice for all.
SDGs, Targets, and Indicators
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SDGs Addressed or Connected to the Issues
- SDG 5: Gender Equality
- SDG 16: Peace, Justice, and Strong Institutions
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Specific Targets Based on the Article’s Content
- SDG 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres
- SDG 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all
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Indicators Mentioned or Implied in the Article
- Number of cases involving prior bad acts admitted as evidence in sex crimes trials
- Number of successful prosecutions using evidence of prior bad acts in sex crimes cases
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres | – Number of cases involving prior bad acts admitted as evidence in sex crimes trials – Number of successful prosecutions using evidence of prior bad acts in sex crimes cases |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all | – Number of cases involving prior bad acts admitted as evidence in sex crimes trials – Number of successful prosecutions using evidence of prior bad acts in sex crimes cases |
Based on the article, the issues discussed are connected to SDG 5: Gender Equality and SDG 16: Peace, Justice, and Strong Institutions. SDG 5 aims to eliminate all forms of violence against women and girls, while SDG 16 focuses on promoting the rule of law and ensuring equal access to justice.
Specific targets identified from the article’s content include SDG 5.2, which aims to eliminate all forms of violence against women and girls in the public and private spheres, and SDG 16.3, which aims to promote the rule of law and ensure equal access to justice for all.
The article mentions the proposed legislation that would allow evidence of prior bad acts to be admitted in court to show a defendant’s propensity to commit sex crimes. This indicates that the number of cases involving prior bad acts admitted as evidence in sex crimes trials could serve as an indicator to measure progress towards the identified targets. Additionally, the number of successful prosecutions using evidence of prior bad acts in sex crimes cases can also be used as an indicator.
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Fuente: nytimes.com
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