Despite this minor setback, Weinstein will be tried again, and afterward, he will again be a convicted rapist in both California and New York. While Weinstein's lawyers will try to point out technical flaws in juror behavior, the legal and moral fact remains that Weinstein is a predator and deserves to spend the rest of his life in jail.
The mistrial raises important questions about the broader Weinstein case. While even Weinstein has acknowledged past moral failings and personal misconduct, that alone does not equate to legal wrongdoing in every instance. Weinstein must undoubtedly be held accountable for any crimes he has committed — but that accountability must come through a fair and impartial legal process, not through a sham trial focused on making him a symbolic scapegoat for the #MeToo movement.