cancel2 2022
Canceled
The ruling could spark a diplomatic tug-of-war between Italy and the U.S. for Amanda Knox. Knox, who denies killing Meredith Kercher, has said she would rather become a fugitive than return to Italy and place her fate 'in the hands of people who very clearly want me in prison'. But although she has attracted huge support from the American public, some legal experts believe the U.S. would be reluctant to turn down an extradition request from Italy - especially as it makes so many requests itself.
She could be rescued by America's double jeopardy rule, under which nobody can be tried twice for the same crime. The rule is explicitly mentioned in the country's extradition treaty with Italy as an example of when the US may not co-operate. The 1983 extradition treaty between the United States and Italy reads: ‘Article 7 states a discretionary ground for refusal of extradition. It provides that extradition may be refused when the person sought is being proceeded against by the requested State for the same act.’ However, double jeopardy in the U.S. usually covers trials by jury, and Knox had been acquitted by appeal court judges. The Italians could use this to argue that her case is not covered by the rule.
According to Professor Julian Ku, who teaches transnational law at Hofstra University, the 'double jeopardy' protection is not applicable in Knox's case. The 'double jeopardy' clause protects from extradition in instances when a U.S. citizen faces prosecution again for an offence already dealt with in the U.S. As Amanda Knox is already convicted, Italy only needs to provide the U.S. with 'a brief statement of the facts of the case, the laws covering the crime, the punishment and its statute of limitation,' professor Ku told The Telegraph.
Knox's conviction would easily satisfy the conditions of the treaty, so it would be hard for the US to explain why she should not be handed over.’ The U.S. State Department, which would have to decide whether to forcibly send Knox back to Italy, has refused to comment. If the United States approves the extradition request then it is most likely that Knox will then begin a whole separate legal battle within the United States to stay and not be sent to Italy to serve her sentence. Should the U.S. refuse to extradite her, Knox will have to spend the rest of her life within the borders of the United States as a long list of countries, including most of Europe, Canada, Australia and a majority of Latin America, all have extradition treaties with Italy.
She could be rescued by America's double jeopardy rule, under which nobody can be tried twice for the same crime. The rule is explicitly mentioned in the country's extradition treaty with Italy as an example of when the US may not co-operate. The 1983 extradition treaty between the United States and Italy reads: ‘Article 7 states a discretionary ground for refusal of extradition. It provides that extradition may be refused when the person sought is being proceeded against by the requested State for the same act.’ However, double jeopardy in the U.S. usually covers trials by jury, and Knox had been acquitted by appeal court judges. The Italians could use this to argue that her case is not covered by the rule.
According to Professor Julian Ku, who teaches transnational law at Hofstra University, the 'double jeopardy' protection is not applicable in Knox's case. The 'double jeopardy' clause protects from extradition in instances when a U.S. citizen faces prosecution again for an offence already dealt with in the U.S. As Amanda Knox is already convicted, Italy only needs to provide the U.S. with 'a brief statement of the facts of the case, the laws covering the crime, the punishment and its statute of limitation,' professor Ku told The Telegraph.
Knox's conviction would easily satisfy the conditions of the treaty, so it would be hard for the US to explain why she should not be handed over.’ The U.S. State Department, which would have to decide whether to forcibly send Knox back to Italy, has refused to comment. If the United States approves the extradition request then it is most likely that Knox will then begin a whole separate legal battle within the United States to stay and not be sent to Italy to serve her sentence. Should the U.S. refuse to extradite her, Knox will have to spend the rest of her life within the borders of the United States as a long list of countries, including most of Europe, Canada, Australia and a majority of Latin America, all have extradition treaties with Italy.
