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炒冷饭解析英俊事件,劳大到底干没干,女方为什么撤诉

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对于女方为什么撤诉,美国最高法院案例法典网有一篇文章讲的非常详细,下面围绕这篇文章来炒冷饭解析还原一下当年的案件。本贴原始观点均来自美国知名媒体,焦密如果要提出反驳也请用对等的可信资料来对线。
(原文链接:https://supreme.findlaw.com/legal-commentary/why-did-kobe-bryants-accuser-stop-cooperating-with-prosecutors.html)


IP属地:湖南1楼2024-07-24 21:42回复
    First, why might the victim have decided not to continue to cooperate with prosecutors? One possibility is that she may believe her case was 网页链接 faith in the criminal justice system must have been shaken each time her name was mistakenly leaked to the public. She may also have felt reluctant to testify given the cross-examination authorized by the judge.
    首先,为什么受害者可能决定不继续与检察官合作?一种可能性是,她可能认为自己的案件处理不当。每当她的名字被错误地泄露给公众时,她对刑事司法系统的信心一定会动摇。鉴于法官授权的盘问,她可能也不愿意作证。


    IP属地:湖南来自Android客户端2楼2024-07-24 21:43
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      ESPN对当年检察官的一篇报导
      Hurlbert says he felt a duty to speak tothe media on the woman's behalf, so at the beginning, he was all over theairwaves, on ESPN and other national networks. But he quickly realized that hewas overmatched. Bryant "had all these PR people," Hurlbert says."We didn't have a PR team. It was me. It was overwhelming."
      Hurlbert(检察官)表示,他感到有责任代表那名女性(受害者)与媒体进行沟通,所以一开始,他频频在各大新闻网站和ESPN等国家级网络上露面。但很快他意识到自己力不从心。Hurlbert说:“布莱恩特拥有所有的这些公关人员。”我们没有公关团队。只有我一个人。我感到压力山大。
      The frenzy overwhelmed his case too.Reporters would do their own investigations and "mess things up,"Hurlbert says, by both interviewing potential witnesses and scaring off others.Most media didn't print the woman's name, but the Eagle County court, whichHurlbert did not oversee and was in a different part of county government,mistakenly released her identity to the media three times, and a sealedtranscript of a closed hearing on DNA evidence was emailed to media outlets.Hurlbert believed that "it truly was an accident" by the court, butthe damage was done. The woman's identity became the worst-kept secret aroundtown. Pamela Mackey, Bryant's attorney, had disclosed the woman's name sixtimes in a preliminary hearing and had cited her sexual history. "It wasthe start of a nightmare for this woman," says Mark Shaw, a lawyer andreporter who covered the case for ESPN. "It was the accuse-the-accuserdefense. From that point on, she didn't have a chance. She was looked at asthis person who was putting this poor celebrity through all of thisanguish."
      这股狂热也淹没了他的案件。Hurlbert表示,记者们会进行自己的调查,并“把事情搞砸”,既采访潜在证人又吓跑其他人。大多数媒体没有公布这名女性的姓名,但鹰县法院错误地三次向媒体透露了她的身份,而这并非Hurlbert所监督的部分,属于县政府的另一部分。此外,一份关于DNA证据的封闭听证会记录被发送给了媒体。Hurlbert认为法院“确实是出了意外”,但已经造成了伤害。这名女性的身份成为城里最不为人知的秘密。布莱恩特的律师帕梅拉·麦基在初步听证会上六次透露了女性的姓名并提到她的性史。“这对这名女性来说是噩梦的开始,”为ESPN报道此案的律师和记者马克·肖说。“这是指责原告的辩护。从那时起,她就没有机会了。人们认为她是一个让这位可怜的名人经历所有这些痛苦的人。”
      Some legal experts believed that theprosecution and court were overmatched by the magnitude of the case and byBryant's resources. But Hurlbert tried his best to remember that, at its core,it was a routine sexual assault case, the kind he had prosecuted before. Heassigned two prosecutors to it. "We felt we had a handle on it," hesays.
      一些法律专家认为,检察机构和法院在这个案件的重要性和布莱恩特的资源面前力量悬殊。但Hurlbert尽力记住,本质上,这只是一起常规的性侵案件,而且他之前曾处理过这种案件。他指派了两名检察官处理此案。“我们觉得我们掌握了情况,”他说。
      (https://www.espn.com/nba/story/_/id/28591646/kobe-bryant-colorado-prosecutor-recalls-case-linked-them


      IP属地:湖南3楼2024-07-24 21:45
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        而在这之后,受害者收到了数百起美国焦密的死亡威胁,
        外网原文:A 19-year-old woman who accuses basketball star Kobe Bryant of rapepleaded with a judge on Thursday to set a trial date soon because she hasreceived hundreds of death threats over the case and her life has been rippedapart.
        一名19岁的女子指控篮球明星科比·布莱恩特QJ,她恳求法官尽快确定审判日期,因为她在此案中收到了数百起死亡威胁,她的生活被撕裂了。
        https://www.chinadaily.com.cn/english/doc/2004-03/26/content_318306.htm


        IP属地:湖南4楼2024-07-24 21:47
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          当然,原告撤诉后,检方还可以继续控告阿焦,为什么没有控告呢,可以看下一部分:
          Prosecutors Were Wise to Choose Not to Go On Without the Accuser's Cooperation
          Second, after the accuser stopped cooperating, why did prosecutors drop the case?
          Technically, they didn't have to: The state could have pursued a prosecution on its own initiative, and it could have subpoenaed the accuser to testify (as could the defense).
          But as a practical matter, without the alleged victim's cooperation, the case would have been hard for the state to win. Jurors who sense the accuser's reluctance to appear might wonder if she was reluctant because she was lying - or they might simply not feel confident enough in her reluctant testimony to base a conviction on it.
          In the end, prosecutors made the right decision: It would have been cruel to force the accuser to participate - without her full consent -- in a proceeding in which such private matters were at issue.
          检察官明智地选择不继续在没有原告合作的情况下进行
          其次,在原告停止合作后,为什么检察官放弃了这个案件?
          从技术上讲,他们其实不必这样做:州可以主动起诉,并且可以传唤原告作证(辩护方也可以)。但实际上,如果所谓的受害者不合作,州很难赢得这个案件。感觉到原告不愿出庭的陪审员可能会怀疑她是否因为撒谎而不愿出庭,或者他们可能对她不情愿的证词不够自信,无法仅仅依此作为判决的依据。最终,检察官做出了正确的决定:强迫原告在这样涉及私人事务的程序中参与并不是明智的做法,尤其是在没有她完全同意的情况下。


          IP属地:湖南5楼2024-07-24 21:52
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            综上,阿焦靠自己的公关团队和媒体利用美国焦密网暴受害者并获得舆论优势从而让受害者撤诉,进而导致检方撤诉。


            IP属地:湖南来自Android客户端6楼2024-07-24 22:14
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              Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter.虽然我确实相信我们之间的这次相遇是自愿的,但现在我意识到她并不像我那样看待这件事。经过数月的审查发现,听取她的律师甚至亲自听取她的证词,我现在明白她认为自己并没有同意这次相遇。


              IP属地:湖南8楼2024-07-24 22:27
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