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The Emperor Protects
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Seeing how this has flooded the British news again got me wondering on the legality of retrialing her. Now I'm no expert on law at the best of times, especially foreign law. From what I understand, Italy doesn't have the double jeopardy law that some countries, including America have, which would stop her from being tried for the same crime twice.

So my question is; Does her case count as double jeopardy in the eyes of American law, and if so, would she be protected to some degree because of it? Potentially stopping any attempt by Italy to extradite her. I can't see the US extraditing her anyway, even if the retrial is successful, but I was just wondering if this would stop it dead anyway.

So yea, anyone with a good knowledge of US law, enlighten me.
 

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The key to a case of double jeopardy is that you cannot be retried if a LEGITIMATE aquittal or conviction has been found.

From the first glance of the case this is more about the legitimacy of the original trial/appeal.
 

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By American law she would be protected by double jeopardy. If they would have dismissed with prejudice it would be open to retrial but since she was aquitted (I believe) it is not open to retrial.

Now the matter of extradition is a whole other ball of worms.
 

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By American law she would be protected by double jeopardy. If they would have dismissed with prejudice it would be open to retrial but since she was aquitted (I believe) it is not open to retrial.
I think the fly in the ointment is that she was acquitted on appeal ?
 

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“America's extradition treaty with Italy prohibits the U.S. from extraditing someone who has been ‘acquitted,’ which under American law generally means acquitted by a jury at trial,” Dershowitz says. “But Ms. Knox was acquitted by an appeals court after having been found guilty at trial. So would her circumstance constitute double jeopardy under American law?”

The answer is uncertain, Dershowitz says. In the United States, appeals courts don’t retry cases and acquit defendants. Knox’s Italian lawyer has said the appellate acquittal doesn’t constitute double jeopardy under Italian law because it wasn’t a final judgment.


http://www.abajournal.com/news/article/would_double_jeopardy_claim_bar_amanda_knoxs_extradition/
 

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It's hard comparing US Law vs other places because they have different meaning for the same words. In addition our appeals court seems to have more power then Italy's appeal court.
 

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The Emperor Protects
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Discussion Starter #9
It's hard comparing US Law vs other places because they have different meaning for the same words. In addition our appeals court seems to have more power then Italy's appeal court.
This is the crux of my questioning really. Even if Italy can retry her under their law, would the US let it happen if she was protected under US law. All seems rather confusing really. Like I said though, I can't see her being extradited.
 

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I think we should just send her back to make sure she is innocent...
The basic principal of a democracy is that she is until proven otherwise.

This is the crux of my questioning really. Even if Italy can retry her under their law, would the US let it happen if she was protected under US law. All seems rather confusing really. Like I said though, I can't see her being extradited.
The first box to be ticked for an extradition hearing is that the person is being extradited for an act that is a crime under both jurisdictions.

When all is said and done the authorities will do as they wish and find a "legal" way to do so.

This case has some interesting parallels with the Tina Watson case, where a due process in one jurisdiction was ignored in another.
 

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I think we should just send her back to make sure she is innocent...
I would say No to this on the sole basis that something hidden is going on between Italy and Amanda Knox. At first glance I saw this trial as a classic "Wrong Place, Wrong Time," syndrome. However after reviewing it I want to know why the Italians, who had their day in court, want her back so badly.

Is it the fact that they did a poor job at prosecuting her? Perhaps. Could it be the fact that she claims she was a victim of police brutality when she was "slapped, and harrased during a police interview" with the Italian federal authorities? The locals deny it ever happening, yet their is some physical evidence to the contrary. Additionally she was told she was tested HIV positive; which later was found to be falsified. Her parents were sued for making claims to their duaghter innocents on TV, and the Kercher's family(the family of the murdered British student) is sueing Knox for damages claiming,"....that they do not believe anyone should profit from the murder." I find that funny considering theiy are sueing for $12 million, but anyway the fact of her being demonized by the European press is just a tad over-kill. Likewise the U.S/British supprting news outlets have demonized the Italians as "...overzelous in their judicial affairs."

As I see it, honestly she probably didn't kill the damn kid. Looking into her backround, and public records nothing I see tells me she is a criminals; let alone a murder. Perhaps her BF did it? For this case I say let the girl rest, trying to decalre mistrail and repeatedly charge her on the sole basis, SOLE BASIS, on a tiny piece of evidence they didn't use the first time around is piss poor on the Italians part. Someones pulling their strings I think.
 
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