Our criminal court systems are flawed. They must be flawed to protect both sides of a criminal proceeding. Just think about it: The two possible outcomes of a criminal case are guilty and not guilty. This says nothing about innocence. Not guilty is simply the state being unable to prove beyond a reasonable doubt that the accused committed the crime in question.
This binary outcome worries Jeff Herman when it comes to the Harvey Weinstein cases. Jeff Herman is a long-time lawyer that specializes in the rights of rape, sexual assault and sexual exploitation victims. He believes that the criminal Court Case Against Harvey Weinstein will be difficult and many victims will become victims all over again.
This is because defense lawyers often turn the trial inside out. Without physical evidence, the trial becomes about the testimonies of the victims and the accused. So defense lawyers oftentimes attack the character of the accuser. This puts the victim on trial instead of the perpetrator.
This painful proceeding also takes the victim out of the driver seat. There is a heavy burden on prosecutors to prove beyond a reasonable doubt that a crime to place. So, prosecutors oftentimes ignore victim’s wishes in order to follow the evidence wherever it takes them. Victims then find themselves without a voice throughout the criminal proceeding and less they take the stand as a witness. And, even when they take the stand, they can only answer questions that they are asked by both lawyers.
Jeff Herman is now advocating for these victims to take Harvey Weinstein to civil court. There, he believes, victims will have much more of a voice and a positive outcome is much more likely. Jeff Herman is a trial lawyer who supports victims of rape and any other form sexual abuse. He is the founder of Herman Law and is currently the Firm’s Managing Partner.
He goes on to explain that civil courts have many different standards than criminal courts. Lawyers do not have to prove anything beyond a reasonable doubt. Instead, the court weighs eyewitness testimony to assess physical and mental damages. And lawyers for the victims always listen to the victims. View More Information Here.
Victims of Harvey Weinstein are much more likely to receive justice in the civil court system and they will be more empowered, according to Jeff Herman.
See Herman’s related exploits on http://weeklyopinion.com/2018/05/jeff-herman-esq-writes-about-comedy-tragedy-downfall-bill-cosby-americas-dad/