“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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People v. Perez

Docket: S248730

Opinion Date: February 27, 2020

Judge: Groban

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the judgment of the court of appeal concluding that a defense counsel's failure to object at trial, before People v. Sanchez, 63 Cal.4th 665 (2016), was decided, forfeited a claim that a gang expert's testimony related case-specific hearsay in violation of the confrontation clause, holding that a defense counsel's failure to object under such circumstances does not forfeit a claim based on Sanchez. Sanchez held that an expert cannot relate case-specific hearsay to explain the basis for her opinion unless the facts are independently proven or fall within a hearsay exception. Defendants in the instant case were each convicted of two counts of first degree special circumstance murder and other crimes. Before Defendants' appeals were resolved, the Supreme Court issued its opinion in Sanchez. On appeal, one of the defendants argued that a gang expert testified to case-specific hearsay in violation of the confrontation clause. The court of appeal held that the defendant's failure to object to case-specific hearsay in expert testimony at trial forfeited any Sanchez claim on appeal. The Supreme Court reversed, holding that the court of appeal erred in finding that the defendant forfeited his claim on appeal based on Sanchez by failing to object at a trial that occurred before Sanchez was decided.

People v. McKenzie

Docket: S251333

Opinion Date: February 27, 2020

Judge: Ming Chin

Areas of Law: Criminal Law

The Supreme Court affirmed the court of appeal's judgment ordering four of Defendant's sentence enhancements stricken, holding that a convicted defendant who is placed on probation after imposition of sentence is suspended, and who does not timely appeal from the order granting probation, may take advantage of ameliorative statutory amendments that take effect during a later appeal from a judgment revoking probation and imposing sentence. In three separate cases, Defendant pleaded guilty to drug-related offenses and admitting having sustained four prior felony drug-related convictions for purposes of sentence enhancement under Cal. Health & Safety Code former 11370.2. The trial court later revoked probation and imposed a prison sentence that included four three-year prior drug conviction enhancements under former section 11370.2(c). Thereafter, the governor signed Senate Bill No. 180, which revised section 11370.2 so that Defendant's prior drug-related convictions no longer qualified Defendant for sentence enhancement. The Supreme Court remanded the case for reconsideration in light of the revised statute. On remand, the court of appeal concluded that Defendant could take advantage of the revisions to the statute that rendered the sentence enhancements inapplicable to Defendant's prior drug-related convictions. The Supreme Court affirmed, holding that the Legislature must have intended section 11370.2's ameliorative changes to operate in cases like this one.

People v. Veamatahau

Docket: S249872

Opinion Date: February 27, 2020

Judge: Tani Cantil-Sakauye

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the court of appeals concluding that the admission of expert testimony did not violate the prohibition against communication of case-specific hearsay set forth in People v. Sanchez, 63 Cal.4th 665 (2016) and that sufficient evidence supported Defendant's conviction for possession of alprazolam, holding that the court of appeal did not err. Sanchez held that an expert cannot relate case-specific hearsay to explain the basis for his or her opinion unless the facts are independently proven or fall within a hearsay exception. In the instant case, an expert told the jury that he identified the controlled substance Defendant was charged with possessing by comparing the visual characteristics of the pills seized against a database containing descriptions of pharmaceuticals. On appeal, Defendant argued that the expert related inadmissible case-specific hearsay. The court of appeal affirmed. The Supreme Court affirmed, holding (1) the expert related no inadmissible case-specific hearsay in testifying to the contents of a drug identification database; and (2) substantial evidence supported Defendant's conviction.