Amanda Knox part 2 - PeachParts Mercedes-Benz Forum

JB3 · #1 03-27-2013, 01:37 PM

Amanda Knox Shocked By Court Ruling That She Will Be Tried Again for Murder - ABC News

whos watching developments on this new decision by Italian supreme courts to retry her?

I find this fascinating, my understanding is this would qualify as "double Jeopardy" in the US. Do the Italians have a similar provision? Does not seem like it

Would the fact that she is in Seattle and would have to be extradited to an extradition treaty country, yet under our own laws we'd be extraditing her into a doubly jeopardy situation mean there might be a court case in the US between Italy and the Knox family?

greazzer · #2 03-27-2013, 01:42 PM

I understood the Italian courts threw out the conviction, so it couldn't be double jeopardy. Same in US ... if the appellate courts overrule the lower court's conviction, the government gets another crack at the defendant. Same if you're convicted in the State Courts ... the Fed's could go after you too under the seperate soverign doctrine.

Can the Italians really grab her ?

JB3 · #3 03-27-2013, 01:47 PM

Quote:

Originally Posted by greazzer

I understood the Italian courts threw out the conviction, so it couldn't be double jeopardy. Same in US ... if the appellate courts overrule the lower court's conviction, the government gets another crack at the defendant. Same if you're convicted in the State Courts ... the Fed's could go after you too under the seperate soverign doctrine.

Can the Italians really grab her ?

ahh, ok that makes sense.

From what I read elsewhere, Italian courts have no power to compel her to show for trial if it goes to another round, but if she is retried in absentee (or with her representation there but remains in the US) and this time convicted, they can seek extradition from the US to get her.

greazzer · #4 03-27-2013, 02:00 PM

I wonder if the government would really hand her over if she ended up being convicted ? Folks split here all the time seeking some sort of political asylum/ Wonder if a US citizen could seek the same here or jump ship to some other country which has the same concept relative to asylum ??

elchivito · #5 03-27-2013, 02:05 PM

It seems like the Italians make things up as they go along. Not saying that's bad....

Can't Know · #6 03-27-2013, 02:05 PM

Quote:

Originally Posted by greazzer

I understood the Italian courts threw out the conviction, so it couldn't be double jeopardy. Same in US ... if the appellate courts overrule the lower court's conviction, the government gets another crack at the defendant. Same if you're convicted in the State Courts ... the Fed's could go after you too under the seperate soverign doctrine.

Can the Italians really grab her ?

Not exactly.

The appellate court ACQUITTED her. Thus, double jeopardy would attach, at least under US law.

Had the appellate court instead remanded the issue back to the trial court with instructions to exclude evidence, etc., then it's the same case, so no double jeopardy. But the Italian court did not do that.

However, the Italians don't have anything like our fifth amendment provision regarding double jeopardy, so this is all semantics to them. I don't know what their rules are for excluding evidence, either. If they can simply retry her using the same tainted evidence, I'm not sure what the point of the whole exercise has been. That said, the appellate judge who acquitted her must disclose all of his rationale, and then both sides get to argue about what it means, so it does seem there is some possibility tainted evidence would be excluded. In that case, the prosecutors really have nothing to tie her to the crime other than the fact that they shared a residence, and whatever allegations the drifter made against her and Sollecito.

Assuming she is convicted again, it will be interesting to see if we will honor an extradition request. Will we allow our principles of double jeopardy that protect US citizens to overrule our reciprocal agreements regarding extradition?

There is very little clear about all of this.

greazzer · #7 03-27-2013, 02:08 PM

The appellate court acquited her ... wow ... I thought they just tossed it out. An appellate court acting like a trial court ... And now they want to re-try her. I would never go back to Italy no matter what if I was Foxy Knoxy. She could always split to Canada?

JB3 · #8 03-27-2013, 02:14 PM

Quote:

Originally Posted by Can't Know

Not exactly.

The appellate court ACQUITTED her. Thus, double jeopardy would attach, at least under US law.

Had the appellate court instead remanded the issue back to the trial court with instructions to exclude evidence, etc., then it's the same case, so no double jeopardy. But the Italian court did not do that.

However, the Italians don't have anything like our fifth amendment provision regarding double jeopardy, so this is all semantics to them. I don't know what their rules are for excluding evidence, either. If they can simply retry her using the same tainted evidence, I'm not sure what the point of the whole exercise has been. That said, the appellate judge who acquitted her must disclose all of his rationale, and then both sides get to argue about what it means, so it does seem there is some possibility tainted evidence would be excluded. In that case, the prosecutors really have nothing to tie her to the crime other than the fact that they shared a residence, and whatever allegations the drifter made against her and Sollecito.

Assuming she is convicted again, it will be interesting to see if we will honor an extradition request. Will we allow our principles of double jeopardy that protect US citizens to overrule our reciprocal agreements regarding extradition?

There is very little clear about all of this.

Thats what I find most interesting. This seems like one of those things that ends up in the US supreme court if shes convicted again, Italy vs Knox trying to get the US to honor extradition and throw out an appeal on a person who was illegally re-tried under the rules of the US 5th amendment, be it another country. It should be amazingly complex if she goes to trial again.

You can appeal extradition right?

JB3 · #9 03-27-2013, 02:17 PM

Quote:

Originally Posted by greazzer

The appellate court acquited her ... wow ... I thought they just tossed it out. An appellate court acting like a trial court ... And now they want to re-try her. I would never go back to Italy no matter what if I was Foxy Knoxy. She could always split to Canada?

I think Canada shares extradition with Italy like the US. South America is where she would need to go I think.

greazzer · #10 03-27-2013, 02:19 PM

Brazil looks nice ...

JB3 · #11 03-27-2013, 02:23 PM

Quote:

Originally Posted by greazzer

Brazil looks nice ...

Its too bad shes fluent in Italian and not Spanish. Research shows me only 6 Italian speaking countries, and one of them is Vatican City.

elchivito · #12 03-27-2013, 02:32 PM

Quote:

Originally Posted by greazzer

Brazil looks nice ...

Picturing her on the beach Rio style...can't help it.

greazzer · #13 03-27-2013, 02:40 PM

Is she a hotty ? I need to turn on CNN to catch a picture of her.

JB3 · #14 03-27-2013, 02:46 PM

Quote:

Originally Posted by greazzer

Is she a hotty ? I need to turn on CNN to catch a picture of her.

shes sort of clean cut attractive. Definitely not ugly, has a nice body.

I think shes fairly average to pretty personally, what focused the world on her looks was the Italian prosecution's tale of sex and murder, painting a portrait of this woman as some kind of psycho nympho.