Amanda Knox Found Guilty (Again) part II

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BRUTALITOPS

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What are your thoughts on this case?


I didn't really follow it initially, so I don't know much about it. I have some reading to do.


Just from my very initial judgement though, I don't think she's guilty. The prosecution's first motive was that it was some weird sex-fuled murder, now they changed the whole thing to a fight over a dirty house. That doesn't illustrate a confident prosecution to me when they keep changing their story and motives around.


Also what are the implications? Do you think the U.S. will ever extradite her? Is it double jeopardy?
 
http://abcnews.go.com/International/amanda-knox-jury-prepared-announce-verdict/story?id=22295682


found this in the comments:


re: extradition
the issue is not so simple. see below. (also fyi: a natural citizen would not be deported but exiled). although in this case she would simply be extradited.
according to the aba journal:


If the appeals court were to convict Knox in the retrial, Italy may seek her extradition. “That is when the real legal complexities would kick in,” Dershowitz writes.


“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.


"This argument will probably carry considerable weight with U.S. authorities, likely yielding the conclusion that her extradition wouldn't violate the treaty,” Dershowitz says. “Still, a sympathetic U.S. State Department or judge might find that her appellate acquittal was final enough to preclude extradition on double-jeopardy grounds.”
Click to expand...
 
Ghost of Watermark said:
What are your thoughts on this case?


I didn't really follow it initially, so I don't know much about it. I have some reading to do.


Just from my very initial judgement though, I don't think she's guilty. The prosecution's first motive was that it was some weird sex-fuled murder, now they changed the whole thing to a fight over a dirty house. That doesn't illustrate a confident prosecution to me when they keep changing their story and motives around.


Also what are the implications? Do you think the U.S. will ever extradite her? Is it double jeopardy?
Click to expand...

What I find the most mystifying is that Rudy Guede, a drug dealer, is already serving a 16-year sentence over the death. So how come he gets that sentence when they want to give her 28 years? I don't have a lot of faith in US justice but I don't have any in the Italian version. I haven't actually seen any credible evidence that even connects her to the crime scene. The Italian system, in common with Scotland, allows for three verdicts guilty, not guilty and innocent. She was found not guilty by an appeals court which is why they are able to revisit the verdict. Here is a very good article on the issues in today's Daily Mail.

http://www.dailymail.co.uk/news/art...nox-Sollecito-guilty-verdicts-reinstated.html





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Ghost of Watermark said:
What are your thoughts on this case?


I didn't really follow it initially, so I don't know much about it. I have some reading to do.


Just from my very initial judgement though, I don't think she's guilty. The prosecution's first motive was that it was some weird sex-fuled murder, now they changed the whole thing to a fight over a dirty house. That doesn't illustrate a confident prosecution to me when they keep changing their story and motives around.


Also what are the implications? Do you think the U.S. will ever extradite her? Is it double jeopardy?
Click to expand...

Italy has a very misogynistic culture and it has played a large role in this case. The US will not extradite her because if they do there will be an eruption in this country and they will have to back down.
 
we've signed a treaty though.

the question is if the appeals court in italy finding her not guilty makes it double jeopardy now. some say yes, others say no.
 
Ghost of Watermark said:
we've signed a treaty though.

the question is if the appeals court in italy finding her not guilty makes it double jeopardy now. some say yes, others say no.
Click to expand...

If I was her, I would ensure that I had an escape route planned and go to a country with no extradition agreement with Italy. Remember that the US probably extradites more people than any other so they may have no choice.
 
Ghost of Watermark said:
we've signed a treaty though.

the question is if the appeals court in italy finding her not guilty makes it double jeopardy now. some say yes, others say no.
Click to expand...

Yes and that will be our out to deny extradition. For once Gladys is right, if I were her I'd have a plan B, but my prediction is that in the end, we will not agree to send her back.
 
It doesn't matter if we signed a treaty, she is protected against double jeopardy. They don't get to just hold as many trials as they want until they get the result they want.
 
Darla said:
Italy has a very misogynistic culture and it has played a large role in this case. The US will not extradite her because if they do there will be an eruption in this country and they will have to back down.
Click to expand...

I have not followed this case. Why would there be an eruption?
 
Damocles said:
It doesn't matter if we signed a treaty, she is protected against double jeopardy. They don't get to just hold as many trials as they want until they get the result they want.
Click to expand...

ITs more detail specific than that. I am no expert on the Italian system, but from what I understand the initial finding of guilt is akin to an indictment in the U.S. System, then the acquittal at the appellate court is more akin to a finding of not guilty. Then the appeal is akin to a retrial, but does the indictment by jury constitute a trial by jury?

Its not cut and dry, and I suspect because the girl is white and pretty, the girl will benefit from excessive media attention compared to others in similar situations and thus the government will have a bias toward finding a way to prevent her from being extradited.
 
Ghost of Watermark said:
What are your thoughts on this case?


I didn't really follow it initially, so I don't know much about it. I have some reading to do.


Just from my very initial judgement though, I don't think she's guilty. The prosecution's first motive was that it was some weird sex-fuled murder, now they changed the whole thing to a fight over a dirty house. That doesn't illustrate a confident prosecution to me when they keep changing their story and motives around.


Also what are the implications? Do you think the U.S. will ever extradite her? Is it double jeopardy?
Click to expand...

I think it will be overturned by the High Court for a second time.
 
Ghost of Watermark said:
What are your thoughts on this case?


I didn't really follow it initially, so I don't know much about it. I have some reading to do.


Just from my very initial judgement though, I don't think she's guilty. The prosecution's first motive was that it was some weird sex-fuled murder, now they changed the whole thing to a fight over a dirty house. That doesn't illustrate a confident prosecution to me when they keep changing their story and motives around.


Also what are the implications? Do you think the U.S. will ever extradite her? Is it double jeopardy?
Click to expand...
Don't have any solid opinions about her quilt but it's obvious that Italy doesn't have the same standards of jurisprudence as the US does as some of the legal prosecutions would violate US Constitutional law.

What I'm interested in is will the US permit her being extradited to Italy to serve her sentence?
 
Damocles said:
It doesn't matter if we signed a treaty, she is protected against double jeopardy. They don't get to just hold as many trials as they want until they get the result they want.
Click to expand...

it's not that simple, a lot of legal experts are saying it ISN'T double jeopardy, based on how italy's appeal system works.
 
Jarod said:
and I suspect because the girl is white and pretty, the girl will benefit from excessive media attention compared to others in similar situations and thus the government will have a bias toward finding a way to prevent her from being extradited.
Click to expand...

there actually IS another option though:

 
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