Amanda Knox - Deportation?

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Should she be sent back to Italy to serve her sentence?

Defiant Amanda Knox says she won't willingly return to Italy

Ummm, no. From what I've read, the Italian judicial system is so corrupt it's surreal.

The U.S. has an extradition treaty with Italy.

http://www.cnn.com/2014/01/30/world/eur ... x-retrial/

CNN is implying she won't have to because the US respects the principle of "Double Jeopardy."

That term would be extradition, not deportation. Amanda Knox is a US Citizen so she cannot be kicked out of the country. As for extradition, it would take years because of the all the constitutional issues that would be raised considering in a country that used the inqusitional justice system (where the defendant has to prove their innocence), it still took 5 tried to get a conviction to stick.

The conviction will soon be under the appeals process in the Italian Supreme Court. If the conviction is upheld, then the extradition process must be followed. If extradition succeeds, Amanda Knox will be sent back to Italy at U.S. taxpayers' expense to serve out her sentence.

We should know in about a year or two.

I think this will force some sort of conversation between Italy and the U.S. It seems that the Italian system doesn't respect double jeopardy. Will the U.S. want to (or have any need to) comply to Italy's judicial system?
I'm not sure of the history between Italy and the U.S., but this seems to be a fundamental difference between the two systems of justice. If she is not extradited there will be a breech between the two countries. But I wonder if that would be a concern.
I think the Italian system is a bit wacky myself. There doesn't seem to be much evidence against her.

No, she should not.

While I'm sorry for the Kercher (Kircher?) family's loss, the fact is, the original verdict was overturned. This new trial should never have happened.

This happens in America, too.

Once the police fixate you as the main suspect, they really want to make a case stick.

I don't ever want to live in Italy.

We also need to improve the criminal justice system here in America.

http://www.innocenceproject.org/know/

Absolutely not. She was retried on the same charge which is contrary the the U.S. constitutional rule against double jeopardy. Let the Italians go hang. They violated a right and an immunity that an American is entitled too.

ruveyn

Amanda made the same mistake any innocent and decent person might make. She allowed the interviews with the police to go on for too long.

And then it becomes personal. Then the police want to make a case. And like a seasoned poker player, they think they can tell when someone is lying and when they're not. And sometimes you can't.

Let's suppose something terrible happens in your neighborhood and someone is murdered. Of course you're willing to talk with the police, you're willing to help out, you want the person caught.

But if it becomes a situation in which the police are asking the same questions over and over and are not believing your answers, start thinking about getting a lawyer. Maybe even verbalize, 'I'm thinking I might need a lawyer.' And then just settle on,

'I want a lawyer.'

And from then of out, don't say anything or calmly repeat this.

And at that point, you have 'lawyered' up.

I've thought about this for my own United States and for Houston. I don't know how well this will work for other parts of the world.

You see, if the police aren't involved in a battle of wills with you, they may go out, follow some leads, and do some actual police work. (just don't tell them this, simply lawyer up)

This awful workplace situation with a swirling conversation in which I was accused of misappropriating petty cash and accused of other things.

It wasn't until days later that it occurred to me, My God, I've submitted a signed petty cash reimbursement form with receipts for greater than this sum of money.

I do not think Amanda 'confessed', to anything, there's nothing for her to confess to.

But there have been cases in which demonstrably innocent persons have 'confessed.' And I can kind of see how that's possible.

I think that she should not be sent back to Italy.

With respect, since the Italian criminal justice system is not a common law system, it is not always appropriate to import standards from our adversarial court system and apply it to civil law systems. Court processes in civil systems are inquisitorial, and include both the investigative as well as the arbitration elements of criminal prosecution.

Nothing in the United States Constitution protects a citizen from multiple grand jury proceedings (United States v. Williams (1992) 504 U.S. 36, among others). It is not enough to say that she was tried a second time in Italy unless we first inquire into the nature of those proceedings to determine if their conduct would, in fact, demonstrate a violation that would render the conviction unreliable under United States law.