Italians rule that Amanda Knox must stand trial AGAIN

[Anubis]

She's in Italy. Their legal system is not like ours.

IMO, this girl is getting shafted.

shes not in Italy anymore shes in the US (Pac NW IIRC) she wont be going back unless the US Govt makes her (unlikely)

 

[bignateyk]

She's in Italy. Their legal system is not like ours.

IMO, this girl is getting shafted.

She's in the US, so unless we send her back it doesn't matter what they think. That said, she'll have to be really careful about traveling outside the country ever again if they re-convict her.

 

[Anubis]

what do u mean double jeopardy?
game show?

http://en.wikipedia.org/wiki/Double_jeopardy

 

[Jodell88]

She spent four years in an Italian jail, faced their courts and was set free. Why should she face them again?

 

[rasczak]

shes not in Italy anymore shes in the US (Pac NW IIRC) she wont be going back unless the US Govt makes her (unlikely)

While I understand that, Texas was claiming double jeopardy as his reason for her not having to stand trial in Italy. She hasn't been tried here for the murder so there's no reason for the US Govt to legally pull the double jeopardy card.

 

[Anubis]

While I understand that, Texas was claiming double jeopardy as his reason for her not having to stand trial in Italy. She hasn't been tried here for the murder so there's no reason for the US Govt to legally pull the double jeopardy card.

true, i just posted that because i could not tell if the poster honestly didnt know what it was or was trolling

 

[rasczak]

She spent four years in an Italian jail, faced their courts and was set free. Why should she face them again?

Agreed. She's beaten them in their own court. They should give up. Unless they have new evidence that pinpoints her as the killer.

 

[Texashiker]

Unless they have new evidence that pinpoints her as the killer.

Even then, she is on U.S. soil and as such is protected under our laws.

That is why the government does not allow guantanamo bay prisoners on U.S. soil. If a guantanamo bay prisoner were brought into the USA, they would be subject to different laws then they face in Cuba.

 

[Murloc]

it doesn't strike me as weird that someone gets reprocessed because the process is deemed invalid during an appeal. It can happen in favour of the accused too. I mean it's not that different from the case where the appeal court judges the case again and frees someone who was previously sentenced because the investigator screwed up, it's the same thing really except that instead of modyfing the previous sentence it's rewritten completely. I think double jeopardy is a more general principle, in this case it's still the same succession of events.
Also the 4 years she already spent in prison still count, so if she's sentenced to anything less than 4 years she walks (she walks anyway, italians make lots of noise but they're slaves to the US).

As for the case itself, I really have no opinion.
The italian media will feast on it though, right now they only have a few murder cases going on and they're all getting old and there isn't any fresh meat to put on TV anymore. And then today, this happens, and another case gets revived too. I bet those jackals popped the champagne bottle.

 

[Farang]

Even then, she is on U.S. soil and as such is protected under our laws.

That is why the government does not allow guantanamo bay prisoners on U.S. soil. If a guantanamo bay prisoner were brought into the USA, they would be subject to different laws then they face in Cuba.

You're right on substance but to be clear Guantanamo is not in Cuba, the country. They are under the jurisdiction of the U.S. military

 

[Farang]

it doesn't strike me as weird that someone gets reprocessed because the process is deemed invalid during an appeal. It can happen in favour of the accused too. I mean it's not that different from the case where the appeal court judges the case again and frees someone who was previously sentenced. I think double jeopardy is a more general principle, in this case it's still the same succession of events.
Also the 4 years she already spent in prison still count, so if she's sentenced to anything less than 4 years she walks (she walks anyway, italians make lots of noise but they're slaves to the US).

IANAL but in the U.S. appeals court judges have very little authority on what can be rejudged. After a guilty verdict most everything is "true" from a legal perspective. So the merits they are judging are different than that of a trial court judge.

 

[T9D]

The black dude was the one who did it but they like never talk about him. He confessed to it. We know he did it. Maybe there is some small chance she had some involvement somehow but it couldn't be proved, this girl had her trial, she won, let it go.

 

[rasczak]

Even then, she is on U.S. soil and as such is protected under our laws.

That is why the government does not allow guantanamo bay prisoners on U.S. soil. If a guantanamo bay prisoner were brought into the USA, they would be subject to different laws then they face in Cuba.

That is up to extradition courts to decide.

 

[randomrogue]

it doesn't strike me as weird that someone gets reprocessed because the process is deemed invalid during an appeal. It can happen in favour of the accused too. I mean it's not that different from the case where the appeal court judges the case again and frees someone who was previously sentenced because the investigator screwed up, it's the same thing really except that instead of modyfing the previous sentence it's rewritten completely. I think double jeopardy is a more general principle, in this case it's still the same succession of events.
Also the 4 years she already spent in prison still count, so if she's sentenced to anything less than 4 years she walks (she walks anyway, italians make lots of noise but they're slaves to the US).

As for the case itself, I really have no opinion.
The italian media will feast on it though, right now they only have a few murder cases going on and they're all getting old and there isn't any fresh meat to put on TV anymore. And then today, this happens, and another case gets revived too. I bet those jackals popped the champagne bottle.

If a jury can't reach a decision you can have a retrial. They found her guilty though. They then freed her on appeal. They then challenged that appeal and are having another trial. So basically in their system they can go back and forth all day long. What new evidence was presented? They don't even have to present any for 90 days but apparently they didn't even look at the case they just looked at courtroom procedures.

The Italian media used this story to convict her publicly. It's a farce.

 

[waggy]

While I understand that, Texas was claiming double jeopardy as his reason for her not having to stand trial in Italy. She hasn't been tried here for the murder so there's no reason for the US Govt to legally pull the double jeopardy card.

hmm see i think they can. she was found Not guilty. in a court.

I do think the courts can say we have a double jeopardy clause and she has been found not guilty hence they won't even have the extradition hearing.

No way she gets sent back. it was bullshit that she was found guilty the first time. there was so much side crap it shoulda been thrown out.

 

[TechBoyJK]

She's in Italy. Their legal system is not like ours.

IMO, this girl is getting shafted.

She's in Seattle. She moved back after being acquitted the first time.

This is Double Jeopardy by US law, and it's highly unlikely the US would extradite her considering our laws say Justice already vetted out this situation and said she was innocent.

She won't go back to Italy (probably either by force or choice) and the US will tell Italy to pound sand if they want her back.

 

[ReggieDunlap]

The case was sensationalized (IMO) because she was an American accused of killing a Brit with her Italian boyfriend. The prosecution's case was that the murder was committed by Knox and Sollecito during a night of drugged up satanic sex (not too much of a reach).

I am by no means an expert on this case or forensics but, from what I've understood, the very little forensic evidence that was presented is/was somewhat dubious. The knife presented could not be proven to be the murder weapon. In fact, there was testimony stating the wounds and the knife didn't match up. The prosecution said that "trace" amounts of Knox's DNA on the knife proved she committed the crime. Uhh, the knife was the boyfriend's from HIS kitchen, where Knox had stated she spent the night. Seeing as they were boyfriend/girlfriend for a few months before the murder, it's MORE than likely her DNA would be on a lot of things from his apartment. A separate review of the evidence by Italian Investigators, ordered by the Italian courts, basically said the evidence was suspect.

The Italian system is trying to save face IMO. The put the confessed killer behind bars for only 16 years. They sooo pumped up the "Foxy Knoxy" image (themselves and via the press) that now they're embarrassed by the whole thing.

And the Kerchers must suffer again.

 

[rasczak]

She's in Seattle. She moved back after being acquitted the first time.

This is Double Jeopardy by US law, and it's highly unlikely the US would extradite her considering our laws say Justice already vetted out this situation and said she was innocent.

She won't go back to Italy (probably either by force or choice) and the US will tell Italy to pound sand if they want her back.

My bad, I meant to say she was tried in Italy. While I agree it is Double Jeopardy in OUR legal system, she was not tried in our system. So Double Jeopardy should have no bearing. Now after doing a little reading on extradition treaties, there are some treaties where clauses are put in for Double Jeopardy scenarios. I could not find anything between Italy and the US. All in all, it's up to the federal courts to decide based on what evidence is presented by Italian authorities. ( I do agree with your opinion and most here, that the US will most likely tell them to piss off. She'll just never be able to step foot in a country with an extradition treaty with Italy).

 

[akshatp]

So they basically want to keep trying the case until she is found guilty? Whats the point of a legal system?

 

[Jaskalas]

Agreed. She's beaten them in their own court. They should give up. Unless they have new evidence that pinpoints her as the killer.

Can't call it beaten if their own court can overturn decisions and keep trying people.

 

[rasczak]

Can't call it beaten if their own court can overturn decisions and keep trying people.

She's beaten them once. In their own court.

 

[Nintendesert]

She spent four years in an Italian jail, faced their courts and was set free. Why should she face them again?

It's Italy, she didn't bribe the right officials.

 

[Geosurface]

I didn't follow her trial exhaustively but based on a couple of in depth NBC Dateline episodes on it, it sure looked like she was just straight up railroaded. It felt a lot like a Salem Witch Trial type of situation.

I'd be amazed if she isn't super sympathetic toward George Zimmerman

 

[JEDI]

If a jury can't reach a decision you can have a retrial. They found her guilty though. They then freed her on appeal. They then challenged that appeal and are having another trial. So basically in their system they can go back and forth all day long. What new evidence was presented? They don't even have to present any for 90 days but apparently they didn't even look at the case they just looked at courtroom procedures.

The Italian media used this story to convict her publicly. It's a farce.

hm,.. the way u put it makes sense.

lowest court = guilty
defendant appels to appeals court -> overturn
prosecution appeals to italy's supreme court -> retrial

too bad in the US prosecutors cant appeal a not guilty verdict

 

[Argo]

Her boyfriend (who is Italian) on the other hand is screwed...