Amanda Knox

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Any law professionals here have an opinion on the latest developments with Amanda Knox? I'm assuming the US has extradition with Italy, but would we be so quick to hand her over into a double-jeopardy system? From what I've heard, she doesn't have to appear for the re-trial, though she can if she wants. (I think if I was her, Italy would be dead last on my list of potential international travel destinations.)

 

They have said there is no means by which the Italian Court could compell her to return, but that she could be tried in abstentia. The US does have an extradition agreement with Italy. It had not even occurred to me that owing to the double jeopardy rules here, it may not be followed. I also don't know if it's completely relevant either - it is my understanding that the US would extradite people based on the laws of the nation where the crime was committed. Evidently double jeopardy does apply in Italy's legal system.

 

My understanding is weak, but it is that the USA will not send her back to face double jeapardy. They can convict her in absentia, but unless she is stupid enough to return there -- or to travel to a country willing to extradite her to Italy -- she should be safe and sound in the USA. A pity, really, because from what I remember of the story she is a repulsive individual (despite her attempts to look innocent on the stand during trial) and she deserves the harshest of punishments.

 

I would like to hear from the lawyers here. Does this really constitute Double Jeopardy as defined under US law? It is my understanding that Italy follows Roman law.

 

Well, even if the double jeopardy is not activated, her lawyers in the USA will argue that she will face cruel and unusual punishment in Italy, and that their system is biased against her, and . . . . a million other things that a clever lawyer can come up with. Bottom line, I see the Dalai Lama becoming the next Pope after Pope Francis converts to Zoroastrianism before I see the USA extraditing Amanda back to Italy.

 

Again a question to the lawyers from any nation. If the USA refuses to recoginize the laws of Italy and our agreement of extradition how would that affect our standing with them and other countries? Can the USA expect other countries to uphold our laws and requests for extradition?

 

Hmmm.... But I'm near certain that it doesn't work that way in the US. And by that I mean while it is possible to appeal a guilty verdict, I have never heard of a not guilty verdict being appealed. Two words: Casey Anthony.

I was under the impression that France does not have an extradition treaty with the US.

Although the really odd case of extradition involves Julian Assange (remember Wikileaks?), who has been living in the Ecuadorian embassy in London for about a year now. That one I don't get at all. He's wanted on charges in Sweden, and would also likely face extradition to the US. However, I don't know why/how he can gain asylum in an Ecuadorian embassy, because I'm not aware of him having Ecuadorian citizenship. I thought he was Australian.

 

I was under the same impression as Aldeth, though of course I'm not a lawyer so my legal impressions don't carry much weight.

I notice an edit at the bottom of the linked article:

I have to admit I don't really know what that means.

At any rate, why does every story I read about this tout the double-jeopardy angle?

 

It almost sounds like if you are found guilty, and appeal, and then have the conviction reversed, the prosecution can then try you again....

Which still sounds like double jeopardy (at least), as you're now facing a 3rd trial on the same charges!

Best 2 out of 3?

 

Yeah, weird.

Wiki says:

If that's the case, why don't we see a glut of retrials for every overturned conviction? Or do we and I'm just not aware of it?

 

Julian Assange has been given political asylum,he is not a criminal in the tradional sense.The U.S can say all they want that he is a spy-traitor to the western world-evil made flesh or whatever they want,when all he did was to expose every embarrasing secret the U.S wanted to keep secret.

 

Candidly, double jeopardy doesn't really come into play here, since it is an American concept that doesn't apply in every country. That said, it really isn't needed. We grant asylum to foreign nationals that escape oppressive regimes or unjust imprisonment and come to live in the United States already. I'm pretty sure we'll extend the same privilege to any American found guilty in what we judge to be a kangaroo court without a second thought.

We can and we will refuse to extradite her. Due the circumstances surrounding her previous conviction, Italy lacks both the credibility and political clout to demand such a thing anyway. They won't even try.

 

I've never been able to reconcile if she is guilty or not. However, I'm pretty sure if I was single I would never want to date her.

 

I would, but I wouldn't allow bondage.