Amanda Knox Double Jeopardy

[GoPackGo]

http://www.cnn.com/2013/03/26/world/europe/italy-amanda-knox-case/index.html?hpt=hp_t1

So the Italian Supreme Court decided to overturn the acquittal.

If the Italian government requests an extradition they should be told to go pound sand.

 

[blackangst1]

Remember: Italy does not have a double jeopardy law...

 

[GoPackGo]

Remember: Italy does not have a double jeopardy law...

I understand that but she is an American now on American soil....and the US Government should tell Italy to not bother.

 

[lotus503]

http://www.cnn.com/2013/03/26/world/europe/italy-amanda-knox-case/index.html?hpt=hp_t1

So the Italian Supreme Court decided to overturn the acquittal.

If the Italian government requests an extradition they should be told to go pound sand.

I disagree, she is charged with a crime in their country and needs to answer for it in that country.

if the crime took place in the states you woudl have a point

 

[GoPackGo]

I disagree, she is charged with a crime in their country and needs to answer for it in that country.

if the crime took place in the states you woudl have a point

So you would let a foreign government try you for a crime over and over again until they got the result they wanted?

 

[Genx87]

How is this a double jeopardy case?

 

[blackangst1]

So you would let a foreign government try you for a crime over and over again until they got the result they wanted?

Look at it the other way around. There are some things that are legal in other countries that are illegal here. If you commit that crime on foreign soil, although legal there, you can be prosecuted here for that crime. It works the other way around too. If youre an American on foreign soil, you do not have any constitutional rights. You are subject to the local laws.

How is this a double jeopardy case?

It's not really. Double jeopardy only applies in the US.

 

[Argo]

Look at it the other way around. There are some things that are legal in other countries that are illegal here. If you commit that crime on foreign soil, although legal there, you can be prosecuted here for that crime. It works the other way around too. If youre an American on foreign soil, you do not have any constitutional rights. You are subject to the local laws.


It's not really. Double jeopardy only applies in the US.

I would agree with your premise if she were still in Italy. But since they let her go, it's up to state departments discretion on whether to extradite her (assuming Italy even asks).

 

[lotus503]

So you would let a foreign government try you for a crime over and over again until they got the result they wanted?

No I wouldn't be involved with the brutal murder of someone. Especially in a country who's laws dictate you can be subjected to repeated trials.

 

[lotus503]

I would agree with your premise if she were still in Italy. But since they let her go, it's up to state departments discretion on whether to extradite her (assuming Italy even asks).

I think we have an extradition treaty with Italy, so it's not just a matter of state department discretion.

 

[Doppel]

Italy is a highly corrupt nation with an inferior justice system. There is no way that the US is going to extradite a citizen over this.

IMO Italy can pound sand and Knox would have to be ludicrously stupid to ever go back there.

Btw extradition is always up to discretion. Mark my words the US will not be sending her back unless she wants to go no matter what Italy says.

 

[Jaskalas]

I think we have an extradition treaty with Italy, so it's not just a matter of state department discretion.

If not Italy, with Europe. Amanda Knox is screwed.

 

[lotus503]

well it doesn't even appear Italy wants or needs her to return.

Only if she is found guilty will they try to extradite.

 

[Slew Foot]

fuck italy

 

[Jaepheth]

Best two out of three!

 

[Jaskalas]

Best two out of three!

She probably wishes it worked that way. All Italy has to do is score once - with apparently however many tries they want.

 

[Jaepheth]

She probably wishes it worked that way. All Italy has to do is score once - with apparently however many tries they want.

Hence the movie reference.
*Death loses*
"Best 3 out of 5!"
*Death loses again*
Bill&Ted: "Best 4 out of 7?
Death:"You're damned right!"

 

[Texashiker]

It's not really. Double jeopardy only applies in the US.

As a US citizen, she is protected by certain inalienable rights.

One such right is protection against double jeopardy.

 

[Jaskalas]

As a US citizen, she is protected by certain inalienable rights.

One such right is protection against double jeopardy.

Ohh... right. The 5th includes this.

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb

 

[Tango]

So you would let a foreign government try you for a crime over and over again until they got the result they wanted?

It's not what's happening: every trial in Italy has three degrees of judgement. Cassazione is the last one.

 

[monovillage]

I disagree, she is charged with a crime in their country and needs to answer for it in that country.

if the crime took place in the states you woudl have a point

So if a country has the death penalty for insulting Mohammed and an extradition treaty with the US, you'd be fine if the US sent them back to be killed since the perpetrator "needs to answer for it in that country"?

 

[Jaskalas]

So if a country has the death penalty for insulting Mohammed and an extradition treaty with the US, you'd be fine if the US sent them back to be killed since the perpetrator "needs to answer for it in that country"?

I do not think we, or our government, disagree with the laws against murder. Our real contention is with their legal process.

 

[soundforbjt]

So if a country has the death penalty for insulting Mohammed and an extradition treaty with the US, you'd be fine if the US sent them back to be killed since the perpetrator "needs to answer for it in that country"?

Singapore has a death penalty for drugs.

 

[s0me0nesmind1]

So if terrorists that comitted terrorist acts in the US made their way back to the middle east - say Afghanistan - they were tried and found to be heros there.


If the United States wanted to try them for mass murders, Afghanistan should tell them to pound sand since they are an Afghanistan citizen, and they are no longer in the United States.

 

[lotus503]

So if a country has the death penalty for insulting Mohammed and an extradition treaty with the US, you'd be fine if the US sent them back to be killed since the perpetrator "needs to answer for it in that country"?

No I wouldn't, for insulting Mohammed no

for killing someone yes