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OnlineNorthernerM
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Niffla]
    #26529169 - 03/11/20 01:26 PM (3 years, 10 months ago)

Had me seriously for a moment there. Then I realised Weinstein is another Epstein type character, not the same one.


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InvisibleEnlilMDiscord
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Patlal]
    #26529260 - 03/11/20 02:30 PM (3 years, 10 months ago)

If he were black, he'd have gotten far more time.


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OnlineNorthernerM
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Enlil]
    #26529273 - 03/11/20 02:42 PM (3 years, 10 months ago)

Quote:

Enlil said:
If he were black, he'd have gotten far more time.



Like Bill Cosby?

Money is blind to colour. If the Weinstein was a poor black guy he would have got significantly more though. Any poor person would have.


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InvisibleEnlilMDiscord
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Northerner]
    #26529281 - 03/11/20 02:47 PM (3 years, 10 months ago)

Yeah, like Bill Cosby.  They sentenced Cosby way above the guidelines and right up to the edge of the maximum.


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Offlinefeldman114
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Enlil]
    #26529291 - 03/11/20 02:51 PM (3 years, 10 months ago)

Didn’t he get 3-10 years for like 60 rapes?

Oh I guess most are past the statute of limitations?

Edit: okay, what Weinsein did was waaaay worse. Kinda forgot the details.


Edited by feldman114 (03/11/20 02:52 PM)


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InvisibleEnlilMDiscord
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: feldman114]
    #26529293 - 03/11/20 02:53 PM (3 years, 10 months ago)

No.  He got 3-10 years for sexual assault.  He wasn't convicted of rape, and all of his convictions were merged.  The maximum he could have gotten was 10 years.  The guideline sentence was 22-36 months.

Mr. Weinstein was convicted of rape.


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Invisiblepsi
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Enlil]
    #26529305 - 03/11/20 02:59 PM (3 years, 10 months ago)

What would the maximum have been if the convictions were not merged? And why were they merged?


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InvisibleEnlilMDiscord
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: psi]
    #26529312 - 03/11/20 03:02 PM (3 years, 10 months ago)

They could have been consecutive 10 year max sentences.  Merging occurs when the convictions all arise out of the same conduct.  For instance, If you shoot someone in the face and they die, you've committed assault, assault with a deadly weapon, attempted murder, and murder, among other things.  If you're convicted of murder, the rest of the charges merge with that murder...you don't get a separate conviction/sentence for each one.


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OnlineNorthernerM
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Enlil]
    #26529323 - 03/11/20 03:09 PM (3 years, 10 months ago)

I guess it's all kind of semantics anyway as he's probably going to die in prison.

But you're spot on that the charges should not have been merged. That's an insane miscarriage of justice.


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Invisiblepsi
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Enlil]
    #26529324 - 03/11/20 03:09 PM (3 years, 10 months ago)

So in this case was the merging automatic like in your murder example (i.e. it was not a discretionary call and there was never an option not to merge?)


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InvisibleEnlilMDiscord
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: psi]
    #26529329 - 03/11/20 03:11 PM (3 years, 10 months ago)

In the Cosby case, the judge really didn't have a choice.  If they weren't merged, it would have been overturned on appeal for sure.

If I hit you in the face, then leave and come back later to hit you again, those are two separate acts, and a judge has the discretion to run consecutive or concurrent.

If I hit you 10 times during a fight, however, that's 10 different batteries, but they really have to run concurrently.


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OfflineBooShow
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: Northerner]
    #26529331 - 03/11/20 03:11 PM (3 years, 10 months ago)

Quote:

Northerner said:
I guess it's all kind of semantics anyway as he's probably going to die in prison.

But you're spot on that the charges should not have been merged. That's an insane miscarriage of justice.



The guy's already 67. 23 years in jail, he'd get out at 90. No way he makes it that long.


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Offlinefeldman114
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Re: Harvey Weinstein has been senteced to 23 years in prison for rape and sexual assault. [Re: psi]
    #26529334 - 03/11/20 03:12 PM (3 years, 10 months ago)

Safe to say it was unavoidable since prosecutors initially agreed to it and asked for 10 years.

Quote:

Bill Cosby had potentially faced up to 30 years in prison, but he now faces a maximum of 10 years after prosecutors and defense attorneys agreed to merge the three counts of his conviction into one for sentencing purposes.

Prosecutors asked a judge on Monday to sentence Cosby to five to 10 years in prison for sexually assaulting Andrea Constand, saying he had shown “no remorse” for his actions.



https://whnt.com/news/bill-cosby-will-find-out-his-sentence-this-week-on-3-indecent-assault-charges/amp/


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