Computer and crucifix: Amanda Knox's guilt will be judged in a system that is a mix of old and new
Do jurors have to find Knox guilty beyond a reasonable doubt?
Yes. The concept of proof beyond a reasonable doubt has long been a part of Italy's justice system. It was formalized and passed into law in 2006.
The court's ruling (which is not called a verdict in Italy) is made by an eight-member jury: six laymen and two professional judges. They will vote, and the majority rules. In the case of a tie, the presiding judge Giancarlo Massei gets a second vote to break the tie.
Could Knox have plea bargained? Knox maintains her innocence.
However, while not completely analogous to plea bargaining, Italy does have a similar alternative to trial, the alternative is not applicable for serious crimes, such as murder, punishable by more than five years in prison.
Will Knox be compensated for time spent in jail?
Knox gets credit for time served. Defendants who choose to pay the compensation set by the sentence may also be eligible for lower sentences.
Why does the figure of prosecutor seem so powerful in Italy?
The prosecutor is a powerful figure in Italy connected to the judiciary, not elected or appointed. In Italy, protections were put in place precisely to prevent the state from pursuing or persecuting, hence the independence of prosecutors.
Another major difference: the prosecutor supervises the investigation rather than letting police handle it.
Further, he or she also has no discretion over the decision to seek charges. There is a constitutional principle of mandatory prosecution. If there is sufficient evidence to build a case against a defendant, a prosecutor must seek an indictment.
Was it legal for Knox not to have an attorney present when police questioned her? Yes and no.
Amanda Knox's interrogation falls into a gray area of the law because she came voluntarily to the police station and was being interviewed in the beginning as someone who could become be a witness, not a suspect.
Then, in the course of questioning by police in November 2007, she blamed Patrick Lumumba for the slaying, and said she was present at the scene of the crime. Lumumba was innocent. Knox has since denied she knows anything about the slaying and says she wasn't in the flat the night Kercher was killed. Lumumba is suing Knox for slander.
The law is very clear: A suspect must not be interrogated without a lawyer.
In Knox's case, a video or audio recording of the entire police interrogation -- authorities have denied that any such recordings exist -- could identify when police began treating Knox as a suspect and what procedures were followed.
How long could this case continue after the verdict?
Potentially (but not likely) seven to eight years. Knox could be jailed for up to six years as the case moves from Court of Assize to Appeals to Court of Cassation.
Does Italy have the death penalty?
No. The harshest penalty is life imprisonment with solitary confinement
In Italy, those convicted often serve less time than their sentences since the system offers ample reward for good behavior. A 21-year-sentence (the minimum sentence for a murder conviction) may result, for example, in only 12years behind bars.
http://www.seattlepi.com/local/412696_knox30.html
