Amanda Knox tried for the murder of Meredith Kercher in Italy *NEW TRIAL*#14

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gitana1 said:
I've a feeling Knox will not be extradited. First, the excuse in both countries will be further appeals. Second, I don't think Italy will be that keen on extraditing her. It is an international embarrassment. They may go through the motions but I don't think they will push that hard.

We will see.
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Why is it an international embarrassment ?
 
Tugela said:
Article of 6 of the treaty specifically prohibits extradition if the individual had been acquitted and then charged/tried again on the same charge.



In this instance they had a trial, got a conviction, had an appeal and got an acquittal. For the US the process ends there. Whatever Italy did subsequent to that is irrelevant as far as extradition is concerned. Article 6 spells that out pretty clearly, extradition for the conviction would be illegal.
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America will have little choice but to extradite Amanda Knox if Italy requests it, according to legal experts.

Gemma Lindfield, a UK barrister, specialising in extradition, told Sky News: "There's a valid extradition treaty between the US and Italy.

"The countries made that agreement in good faith and there's no reason why the Italians would not submit a request.

Harvard law professor Alan Dershowitz agreed that American judges will have little choice but to grant Italy's request.

"The United States seeks extradition of more people than any country in the world," Mr Dershowitz


http://news.sky.com/story/1204117/amanda-knox-will-be-extradited-by-us
 
Madeleine74 said:
I know that. They will look at it from the U.S. law basis. I think Alan Dershowitz has opined on this as well.
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I doubt that. I would be absolutely shocked if U.S. fought extradition.

And Dershowitz did talk about it... "As popular as she is here and as pretty as she is here -- because that's what this is all about, if she was not an attractive woman we wouldn't have the group love-in -- she will be extradited if it's upheld."

Sounds like he thinks she will be extradited to me.
 
Didn't Raf want amanda to back up his alibi that they were both at this apartment watching movies on his computer and she refused to back him up.......


or am I wrong..........
 
Karmady said:
Because here, guilt is determined by a jury at the trial phase. If you're not guilty, you're not guilty forever and it's not appealable. If you're guilty, as here, it's appealable, but for the most part, you can only be found not guilty on appeal. You can't be re-tried if the appellate court overturns your conviction. So, in the US, the Italian procedure that allows a re-trial after a reversal of a conviction on appeal is the equivalent of US double jeopardy, arguably. Not sure how to explain it any better than that. But I'm very sure there's a legal basis to refuse extradition. jmo
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But her case hasn't been retired has it?

From what I gather this is the way Italy works in the appeal processes.

These phases are appellate phases..........not retrials.

So how can that be double jeopardy?

I honestly cant see the US willing to break an international treaty just because of one lone fugitive from justice. I also don't think they will set a precedence for AK either nor should they, imo.

IMO
 
iluvmua said:
Didn't Raf want amanda to back up his alibi that they were both at this apartment watching movies on his computer and she refused to back him up.......


or am I wrong..........
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From what I remember they both agreed to same alibi
 
I hope hope hope she goes back to Italy........ she belongs in prison.

and she had many more freedoms in Italian prison then she would at a US prison.

they get treated way better over there then they do over here.
 
oceanblueeyes said:
But her case hasn't been retired has it?

From what I gather this is the way Italy works in the appeal processes.

These phases are appellate phases..........not retrials.

So how can that be double jeopardy?

I honestly cant see the US willing to break an international treaty just because of one lone fugitive from justice. I also don't think they will set a precedence for AK either nor should they, imo.

IMO
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You're right, it wasn't re-tried and everybody knows that. This was an overturn of her appeal. So it is not double jeopardy.

Seriously doubt America is gonna harbor an international fugitive convicted of murder. Now it'll likely be a year or two until she is extradited, but I believe firmly that at some point she will be.
 
~n/t~ said:
From what I remember they both agreed to same alibi
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They both have had many alibis, that didn't really hold up.

I'm not sure if it was Sollecitos last alibi, but at some point he stated Amanda left his flat early in the night and didn't come back until 1 am.
 
I Must Break You said:
You're right, it wasn't re-tried and everybody knows that. This was an overturn of her appeal. So it is not double jeopardy.

Seriously doubt America is gonna harbor an international fugitive convicted of murder. Now it'll likely be a year or two until she is extradited, but I believe firmly that at some point she will be.
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Thank you but I am not sure everyone knows that because I continue to see 'she was retired' and that is not the case.

In fact I have thought about the Italian justice system since this happened and admit that at times I would like our own prosecutors to have the right to appeal a case that ended in NG if more evidence was obtained showing positive guilt.

For instance wouldn't this have been good to have when the video tape of Mel Ignato's murdered girlfriend was discovered after his trial was held showing he had raped/tortured and murdered her brutally. He too had been found NG even though he was guilty as hell. Yet here the Prosecutors have no rights to appeal a case even if it is to bring true justice to the victim who had been denied.

IMO
 
oceanblueeyes said:
Thank you but I am not sure everyone knows that because I continue to see 'she was retired' and that is not the case.

In fact I have thought about the Italian justice system since this happened and admit that at times I would like our own prosecutors to have the right to appeal a case that ended in NG if more evidence was obtained showing positive guilt.

For instance wouldn't this have been good to have when the video tape of Mel Ignato's murdered girlfriend was discovered after his trial was held showing he had raped/tortured and murdered her brutally. He too had been found NG even though he was guilty as hell. Yet here the Prosecutors have no rights to appeal a case even if it is to bring true justice to the victim who had been denied.

IMO
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You're right I don't think everyone knows, but I think a lot do even though they continue to cling to double jeopardy.

I kinda have a feeling some of the double jeopardy hullabaloo is coming from the Knox camp in a last ditch effort to rally people against her being extradited.

I had never heard about the Mel Ignato case, that's really sad. I think in situations like that the police should maybe just turn a blind eye to some family justice being meted out.
 
I am just stunned at, while reading the MSM articles, the comments people post there.
Just stunned.

<modsnip> which so surprises me. Color me naive, I guess.

I am waiting to hear if there will be any word from AK's school. Curious about that, as well.
And settling in for the wait for the Judge's report.
 
Kavya01 said:
I am just stunned at, while reading the MSM articles, the comments people post there.
Just stunned.

<modsnip> Color me naive, I guess.

I am waiting to hear if there will be any word from the convicted felon's school. Curious about that, as well.
And settling in for the wait for the Judge's report.
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I think it's mostly people that haven't looked at the evidence at all. I personally came to this case many years ago, right after her conviction. I was under the impression that she was innocent and came into this case prepared to be outraged about some poor American girl being railroaded, all thanks to the MSM. Then I started looking at the evidence, which I quickly saw to be overwhelmingly pointing toward their guilt. But if I hadn't taken the time to actually look at the evidence or read the Massei report, I may have been right there with them today.
 
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