Amanda Knox - Deportation?

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visagrunt, thank you for a thoughtful post.  What do you think of the argument that, at a surprisingly early stage, the focus of the police and prosecutors shift from finding the truth to making a case?

Similar to a doctor becoming married to a diagnosis, with similarly bad results.

I'm mainly thinking of my own country the United States, but this might well be the case in a number of different legal systems.

I think we should resist sending her back, despite Italian or British demands.
That said, I think she should refrain from flying over seas ever again, for fear that a forced air landing, or even rerouting of the plane might land her back into the hands of Italian authorities, again.

Bolded the conduct rendering the verdict unreliable.

Knox was subject to double jeopardy, something that cannot happen under U.S. law. Regardless of the verdict, Knox should not be remanded to Italian jurisdiction. There legal system sucks lemons.

ruveyn

Last edited by ruveyn on 03 Feb 2014, 12:28 am, edited 1 time in total.

The Italian justice system treats white Americans like the US justice system treats black Americans. But that's still a hell of a lot better than the treatment that American minorities, such as neurodiverse individuals, receive at the hands of the US police. Not to mention the treatment of foreign civilians by the US military (Yemenite wedding parties come to mind in this context). So it's all pretty relative, but I still hope for Ms Knox's sake that she's not extradited.

What I find interesting is how users here are applying U.S. laws to a foreign country with its own criminal justice system. Our law does not trump all others. Every nation deserves its treatment as a sovereign power capable of governing itself, whether we agree with it or not.

That kind of uncritical thinking is unlike you, Dox. I expect better from you.

Unless you can point me to a proper analysis that demonstrates that she was subject to multiple proceedings that would constitute trials within a Common Law understanding of the word, then you are simply engaging in conjecture. You ought to know better.

Now I will jump to the other side of the argument.

The fact that Dox and ruveyn have not demonstrated that she has actually been subjected to double jeopardy as we would understand it in the Anglo-American legal world, the fact remains that this is very much a relevant consideration for a court that would consider an application from Italy for her extradition.

It is a basic principle of extradition that the person must no only be subject to a valid proceeding in the country that seeks extradition, but further, the act complained of must be an offence under the lex fori and the proceedings must be substantial comparable (though not identical in any particular) with those of the lex fori.

If she was, in fact, subjected to double jeopardy, that would provide the United States Federal Court with ample reason to refuse the extradition application.

the united states would never extridite a citizen if double jeopardy is applicable.that is absolute

the problem being is that amanda know was not aquited in her first trial and then retried.she was first convicted and the appeals court through out the conviction.which is common in the U.S you cant be tried again after you have been aquitted but if your first convicted you would file an appeal.when an appeal is heard by appealet circiut court three things can happen

1.the court rejects the appeal and one must appeal to a higher court or give
2.the court dismisses the charges which means your aquited and can never be tried again for that crime.this is common when DNA evidence excupates a former conviction.

3.this is the most common,the appealet court rules you were not given a fair trial the first time and a new trial is ordered.is this double jeopardy? no the first trial was a sham ergo you were never in jeopardy.

if the U.S court of appeals finds the italian court overturned the first conviction and gave a new trial because the first was unfair ergo never happened Knox could be sent to Italy.

if the U.S court of appeals finds that the not guilty finding in the second trial was a real trial then knox was aquitted in the eyes of U.S law and they would never extridict


it will take years of lawyering to work all this out,i think 10 years is more realistic then a 2

Don't give a flying f**k.

I would rather she face the ultimate high court.

Actually, I thought the smiley would have made it clear I was engaging in mocking the farcical Italian justice system, not trying to make any sort of actual argument.

I might say the density in the face of an emoticon is also uncharacteristic on your part, if I was serious about the whole thing.

As far as I know there is nothing keeping her from traveling to a non-extradition country now but, I can understand why she wouldn't want to. She lives somewhere less then 3 miles from me. Although I don't know her. This whole fiasco must be an epic nightmare.

My understanding is that Double Jeopardy doesn't apply because the appeals court overturned the Verdict due to technical reason that even in the US would have lead to a retrial. However I don't beleive that the US should not extradite her.

I'm not a fan of Alan Dershowitz but, this Why US might send Amanda Knox back to Italy if she loses appeal might illuminate the issue a bit.

The Doctor?

Or God/Omega, the omniscient being who doesn't need to investigate and can dispense perfect justice? Don't worry, she'll eventually face them - and probably turn out to be innocent. Let's not be too hasty to deal out death in judgement. We're not wise enough to see all ends.

I apologize unreservedly. I missed that, completely.