Thank you !Discuss possible defense appeals and the likely outcome of the Supreme Court of Cassation...
It is indeed lenient when compared to the US system, which has become downright Draconian.AFAIK there is nothing to separate anymore. The final appeal is merely one on procedures and application of Italian law. It is just a written appeal and takes one day till they reach a conclusion. The future for who? Knox and Sollecito will spend about the next 10-12 years in jail. The Italian system is very lenient.
A criminal proceeding usually takes place in three stages: the first instance (Court of Assise, Collegiate Court, Single Judge Court, and Justice of the Peace), Appeal, and Court of Cassation [Highest Court].
At first instance all evidence - witnesses and documents - is obtained, and it ends with eitherconviction or acquittal.
The defendant can appeal against the first instance sentence.
The Court of Appeals takes its decision by either confirming the first instance sentence, or by reversing it partially or totally, or it may quash it by sending it back to the first judge.
You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].
The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.
Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.
Thanks for this - So we are now at this part:
Thanks for this - So we are now at this part:
You challenge the decision of the Court of Appeals by petitioning the Court of Cassation [the Highest Court].
The Court of Cassation pronounces the judgment by which it states that either the petition is not admissible or rejects it, or even quashes the sentence without sending it back, or finally, it may quash the sentence and send it to the trial judge.
Once all the stages of judgment are over, the sentence is final. If there is a conviction with a sentence, the sentence becomes enforceable at this point.
It is indeed lenient when compared to the US system, which has become downright Draconian.
So any appeal on the part of the defense is simply perfunctory, and it is likely, in your opinion, that Cassation will simply uphold Nencini. So my thread is talking about air? horrors :blushing:
Also, I felt that Sollecito's lawyers as well as his own statements regarding Nencini's impropriety (the remarks about the defendant not testifying) were most definitely pointing at a separate appeal for him.
If it is approved then that is it. Prosecution were also part of number 2 (increase in sentencing). Number 3 was an Appeal to Court of Cassation (Prosecution and Defense). The result was that the acquittal was annulled, and the defense lost the Callunia appeal. Theoretically the prosecution could appeal the sentence again, but I don't think they will.So:
1. Original trial - Conviction
2 Appeal conviction (Defense) - Conviction Overturned
3. #2 Annulled
4. Appeal conviction (Defense - back to #2) - Conviction upheld
5. Appeal to Court of Cassation (Defense)
6. To be determined.
Does that sound right?
So basically the Court of Cassation is going to look at #4 and see if it meets standards, etc.. So if it is approved, then is it over? Or does it go to somewhere else?
He seemed to be heading that way at this last interview. His attorneys have called to "reopen all" but of course we've no idea if that will actually be granted for him.I won't lie- Italian law confuses me. I'm reading Death in Italy now. It came in first. I'm thinking so far that if RS is smart, he will appeal separately from AK and distance himself completely.