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  1. #1
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    Extradition

    Italy International Extradition Treaty with the United States

    http://www.mcnabbassociates.com/Ital...d%20States.pdf

    Discuss extradition here...

  2. #2
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    Information about extradition in this document:

    http://www.state.gov/documents/organization/28457.pdf

  3. #3
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    Was Amanda Knox a political pawn in Italian politics?
    ...Now retired, Hellmann told La Stampa newspaper that he “foresaw” the reversal. Hellman said “the party of the prosecutor is very strong in the judiciary” and that political party had “influenced” the Italian Supreme Court, according to La Stampa.

    ...he told La Nazione newspaper that there was “a political background” to the case. It was directed squarely at Amanda Knox.
    Hellmann said, “Many wanted Amanda in prison because she was an American.”

    eta: But missing is a reading of the bilateral extradition treaty between the United States and Italy. Specifically, Article 5 of the treaty, which reads:
    “Extradition shall not be granted when the offense for which extradition is requested is a political offense/or if the person whose surrender is sought proves that the request for surrender has been made in order to try or punish him or her for a political offense.”

    ...Was Amanda Knox’s “political offense” the fact she was an American? And was her second “political offense” the possibility she became a pawn that two battling Italian political parties used to further their own agendas?

    These seem to be reasonable questions given Claudio Hellmann’s comments. They deserve answers.

    http://www.cbsnews.com/news/was-aman...lian-politics/
    Last edited by miley; 02-07-2014 at 04:36 PM. Reason: additional quote
    my opinion only

  4. #4
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    Quote Originally Posted by miley View Post
    Was Amanda Knox a political pawn in Italian politics?
    ...Now retired, Hellmann told La Stampa newspaper that he “foresaw” the reversal. Hellman said “the party of the prosecutor is very strong in the judiciary” and that political party had “influenced” the Italian Supreme Court, according to La Stampa.

    ...he told La Nazione newspaper that there was “a political background” to the case. It was directed squarely at Amanda Knox.
    Hellmann said, “Many wanted Amanda in prison because she was an American.”

    eta: But missing is a reading of the bilateral extradition treaty between the United States and Italy. Specifically, Article 5 of the treaty, which reads:
    “Extradition shall not be granted when the offense for which extradition is requested is a political offense/or if the person whose surrender is sought proves that the request for surrender has been made in order to try or punish him or her for a political offense.”

    ...Was Amanda Knox’s “political offense” the fact she was an American? And was her second “political offense” the possibility she became a pawn that two battling Italian political parties used to further their own agendas?

    These seem to be reasonable questions given Claudio Hellmann’s comments. They deserve answers.

    http://www.cbsnews.com/news/was-aman...lian-politics/


    Nope. These are NOT reasonable questions and do not deserve answers. The court has not reached the conclusion that the murder was politically motivated, neither has the sentencing been issued citing "Amanda Knox is an American." The sentence has been handed down citing "Amanda Knox is guilty of murder."

    I know Hellmann's reaching here and I don't blame him.

    But the US govt has no choice but to extradite AK if the Italian govt requests such.

    I know a lot of politicos will try to fight the extradition (to shine their own ratings and careers) blaming the awful, medieval, american-hating Italian justice system. Yet another circus is at hand ladies and gents.

  5. #5
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    Yesterday, the Italian appellate court sentenced Amanda Knox to 28 years and six months in prison. That is a greater sentence than she was given in 2009. Then, it was 26 years and she served four years of the sentence before being released in 2011. Though not as well known as the double jeopardy prohibition, the Fifth Amendment also prohibits successive punishments where each new sentence is greater than the prior one for the same crime.

    La Stampa of Torino is one of Italy’s most widely read newspapers. This morning an op-ed in La Stampa by Alessandro Perissinotto, a writer and teacher, pointed to Article 530 of the Italian Code of Criminal Procedures which concerns insufficient evidence. Perissinotto wrote “there is a boundary where you have to stop.” Given the questionable to unreliable to non-existent evidence in the Kercher case, did Italian justice breach that “boundary”? Perissinotto seems to think so, writing this morning, “the impression of a conviction at all costs is strong.”
    more @ http://www.cbsnews.com/news/amanda-k...tter-in-italy/
    Last edited by redheadedgal; 02-07-2014 at 07:08 PM. Reason: add quote
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  6. #6
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    Quote Originally Posted by thesetup85 View Post
    But the US govt has no choice but to extradite AK if the Italian govt requests such.
    no, it's not as easy as "hand her over". there are several steps involved. see "extradtion from the US":

    Last edited by KateB; 05-16-2015 at 10:21 AM. Reason: repair url tag.
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  7. #7
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    Why US might send Amanda Knox back to Italy if she loses appeal
    http://usnews.nbcnews.com/_news/2014...es-appeal?lite

    US State Department Press Briefing: Amanda Knox Extradition discussed:
    http://www.state.gov/r/pa/prs/dpb/20...htm#AMANDAKNOX

  8. #8
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    Arrow The New Republic

    From New Republic Magazine:

    Why the U.S. Should Hand Over Amanda Knox If Italy Asks
    http://www.newrepublic.com/article/1...uld-be-granted

  9. #9
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    yes, thanks. that was an insightful interview: disclosing that the state department is closely monitoring the case, admitting that extradition is looked at on a "case by case basis" and reminding readers that there were several cases in recent history where the US denied extradition to requesting countries, despite treaties.
    *** THIS POST IS JMO (unless a link is provided) AND IS ONLY FOR USE ON WEBSLEUTHS -- PLEASE DO NOT LINK OR COPY IT ELSEWHERE ***

  10. #10
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    Quote Originally Posted by redheadedgal View Post
    yes, thanks. that was an insightful interview: disclosing that the state department is closely monitoring the case, admitting that extradition is looked at on a "case by case basis" and reminding readers that there were several cases in recent history where the US denied extradition to requesting countries, despite treaties.
    It's hard to tell what they are actually thinking, or what would actually be done, if the appeal is lost, and Nencini is upheld by the Supreme Court of Cassation. If/when Italy asked for extradition, it would become clear what the State Department really thought on the matter. Until then, they are quite noncommital.


  11. #11
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    Arrow

    New Thread: Meredith Kercher Murder: The Nencini Verdict and it's impact on the future

    http://websleuths.com/forums/showthr...redith+kercher

  12. #12
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    The new thread is not replacing this one; just a separate new thread I was notifying you all about.

  13. #13
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    judicial Costa Concordia

    I don't know about the US regulations regarding extradition but if the Italians are required to present their laughable "evidence" there is zero chance they will get the girl.

  14. #14
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    Quote Originally Posted by Katody View Post
    I don't know about the US regulations regarding extradition but if the Italians are required to present their laughable "evidence" there is zero chance they will get the girl.
    I don't know who will be making a ruling on the extradition here in the US (if it comes down to it).

    The way I see it, the US may not deny the extradition seeing how this would strain ties between the two countries (especially in this day an age when Euro countries and the US have been struggling to get on the same page with regards to trade, the on-going wars, phone tapping, etc).

    However, seeing how much support AK has in the US, politicians included in making this extradition decision will be under a lot of pressure. Politicians always put their careers first, so they may try to stop the extradition to get brownie-points with the AK supporters (who may also become potential voters); going with the whole gimmick of "Vote for the guy/gal who fought to save poor, innocent AK".

  15. #15
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    Is evidence shown at an extradition hearing??? If Italy request it I think it will be given.
    If not every killer in the world will head to the US... especially if they are the right kind of media 'person' IMO.

    Wonder how 'laughable evidence' got convictions.

    I don't see the 'support' of AK in the US... not for being innocent anyway. I see support.
    The Seeker / Sports Freak /

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