Bill Cosby's Case: The Latest on the Appeal and What to Know

Question 1 

Previously, there has been a serious imbalance between the rights of victims and the defendant's rights in court. As a result, the president's task force proposed an amendment to the constitution. In any criminal proceedings, the rights of a victim should be prioritized. Victims' rights should be recognized and reinforced by strengthening the measures for their support, respect, assistance, and protection (Banach, 2019). The standards that are in place may appear to be sufficient. However, there should be a rule that considers all the negative impacts that the crime might have on the victim. This can lead to better future standards aimed at enhancing the rights of victims in any criminal proceeding. Even though the defendant has a right to a fair trial, it is upon the defendant to prove his or her innocence, and hence in all court proceedings, the victim's rights should be the priority.  

Question 2 

Being a celebrity, Cosby had access to money and hence could hire a high-priced, excellent and talented lawyers. Besides, even if Cosby would have been bankrupt, skilled attorneys would still be attracted in his case at a low rate since celebrity cases are usually high profile and challenging. The principal advantage attorneys see in representing high-profile cases is that it results in the attorney himself becoming a celebrity (Morabito, 2019). Moreover, Cosby's fame influenced the situation in that the press is usually there during such cases, and hence his attorney might have had a chance of offering a counter-spin on the case. When such interviews take place, it can sway the pool of jury. Besides, Cosby's friends who are also celebrities might have spoken in favor of him and hence influencing the pool of jury. 

Question 3 

The accusers might have post-traumatic stress disorder due to the traumatic experience coupled with the "poor" justice system. This is because accusers go to court to find justice for the crime committed to or against them, and in this case, the accusers did not see justice being served. As a result, the accusers may lose faith in the justice system and take the law into their own hands. On the other hand, the accusers may decide to appeal for retrial by the court and work together to look for a competent attorney who would help them get Cosby convicted. 

Question 4 

Even though Cosby's first case ended in a hung jury and he was not charged guilty, he may never be acquitted in the public's minds. In this case, being a celebrity, there may never be a possibility of continuing his normal life free of the past or starting a new life. For instance, his story, photos, and videos of his offenses and charges may indefinitely be on the internet. Besides, likely, his criminal charges will always be brought up in the media any time that there is a story about them. Everyone that they associate or work with will like to have heard about this case. Moreover, the public may start prosecuting Cosby, too, and hence ruining his life and career.  

Question 5 

The prosecutor in a sexual assault case is usually required to prove beyond a reasonable doubt that the defendant is guilty. To prove this, the prosecutor needs to provide circumstantial and direct evidence (Gaensslen, 2001). Indirect evidence, no inference is required if the evidence establishes the facts of facts and is directly believed by the jury (Morabito, 2019). In contrast, circumstantial evidence uses presumption or proof to create a fact. In the case of sexual assault such as rape, there is a need for circumstantial evidence such as bruising and injury. This proves beyond a reasonable doubt that there was no consent and that there was the use of physical force. An example of this could be testimony from a physician of vaginal bruising or swelling if the victim went to seek medication after the assault. 

Question 6 

These expectations for sexual assault are ideally very realistic. However, there are significant barriers to achieving justice for the victims involved. For instance, there are issues of the police discouraging victims from filing rape reports, and hence victims lose faith in the justice system. Besides, some prosecutors are reluctant to prosecute cases. Therefore, for these expectations to be met, there is still much to be done to minimize the role of extra-legal factors in case attrition and support to victims.  

References 

Banach-Gutierrez, J. B. (2019). Crime victims’ rights in the European area of justice and Polish legislation.  Nowa Kodyfikacja Prawa Karnego ,  52 , 9-36. 

Gaensslen, R. E., & Lee, H. C. (2001). Sexual assault evidence: National assessment and guidebook.  National Institute of Justice, Washington DC, USA . 

Morabito, M. S., Williams, L. M., & Pattavina, A. (2019). Decision making in sexual assault cases: replication research on sexual violence case attrition in the US.