Yes.
But they'd still have to meet the threshold of the Grand Jury if she so challenged.
You should brush up on extradition law.
It isn't that simple.
Italy court orders Amanda Knox retrial for Meredith Kercher murder
- Thread starter SLM
- Start date
But they'd still have to meet the threshold of the Grand Jury if she so challenged.
You should brush up on extradition law.
It isn't that simple.
Because in the US it would be considered Double Jeopardy, they can refuse extradition on those grounds, can they not?
Yes but it is quite complicated. They have not yet determined if she is guilty or what her sentence might be but
I would recommend that she take a long holiday in somewhere likeThomson Manitoba for the next five years.
They can apply for extradition, doesn't mean they'll get it. I can remember how long they held off extraditing Ng and for a long time it looked like they might not.
This isn't an appeal.
Her conviction was quashed by evidentiary challenge.
The higher court over turned that ruling and ordered a retrial, without citing full reasoning.
I believe in the States, double jeopardy would have been applied.
There is no double jeopardy rule in Italian law.
It may still be applicable to this case under US law, and may be the very reason they won't win extradition to Italy.
No, it doesn't. If evidence was forwarded that proved they were not guilty, you can bet that fact will be introduced at the extradition hearing.
I'll be surprised if she's extradited to Italy.
I don't think Amanda will ever serve any more time for this murder but I do think she was involved. The Italian
justice system, to an outside observer, might leave something to be desired, but it is one of the parents of the
American system. I'd still like to see more of the evidence.
justice system, to an outside observer, might leave something to be desired, but it is one of the parents of the
American system. I'd still like to see more of the evidence.
I guarantee you the US will not extradite her. She was convicted and the conviction was overturned and she was released by the Italian Justice System. Now just because the Italians took heat for letting her go they want to try her again. That is called Double Jeopardy and the US is not going send her back because they changed their mind. No way.
I agree. They want her back. Another guy is serving for the murder and they found his bloody fingerprints at the crime scene... not Miss Knox's.
Our Forum Leader Andem is the expert on this one. Maybe he can weigh in.
Italy is in a different time zone, possibly dimension too. Maybe they start earlier.
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Hi Juan,
I hope Amanda and Raphael wont serve anymore time, and hope this latest twist, will end in finding them both innocent.
If they are found guilty, it is hard to say what will happen in terms of the Extradition, as the legal question of whether or not they were acquitted, or if their original trial was thrown out, needs to be determined.
If it is determined that that tey were actually acquitted, then the double jeopardy claus would rule in favor of Amanda. If it is legally determined that the trial was thrown out, then double jeopardy would not spare her from extradition.
This question would likely take years of legal battling to conclude and sadly could leave Amanda's life hanging in the balace for still more years to come. As for Raphael, he is in Switzerland where their extradition laws are similarily unclear for him.
There has never been a US case like this so it is all new ad speculative and uncertain. How sad!
Jaun, you say that you believe she was involved and you say you would like more evidence...
I am curious about what gave you the idea (what evidence) that she was ever involved in this heinous sad crime?
Analysis: Knox case could pit extradition treaty against U.S. Constitution | Reuters
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Hi SLM,
I too agree that LE became convinced only by behavior which as you pointed out, is very unreliable.
I suspect most people would agree that it would be inappropriate to kiss your boyfriend outside the crimescne where a roomate was murdered.
The problem is that "odd behavior" is considered enough in too many cases, to get convictions where it is unreliable at best.
I believe that physical evidence is getting further and further removed as a requirement in too many cases. "odd behavior" and gut feelings are coming in to more courtrooms every year, and so are more wrongful convictions. The sad truth is that the average time a wrongfully convicted person spends behind bars is 16 years.
The sad truth is that many have been executed or die in jail, where there was never any physical evidence against them to begin with. which is just like this case. The idea that neither Amanda or Raphael, left one stitch of dna or prints where Meredith was killed, is unbelieveable given the space in Meredith's tiny room. I doubt Amanada and Raphael could get away with not leaving their dna behind, and taking Merediths with them is too hard to believe.
Rudy Guede the thug who left his DNA and prints behind, as well as having Merediths defensive wounds all over him, carries the logical explaination that he acted alone. His dna and prints told the story and his prior charges of breaking in through windows, stealing and having a knife in his possession, explains in my opinion that he acted alone. Sadly the prosecutions crazy theory (of Amanda and Raphael's involvement) helped Rudy the thug, appeal and have his sentence cut in half because of the craziness Mignini spews.
I don't know if she's guilty or not either, but even more important I think if they want to
have a court case they should start with putting their own legal system on trial, I do not
for a moment think she should go back or be forced to go back to Italy under any
circumstances.
In reality I think they will try her even if she is absent and they got her out of the country to avoid
problems with the United States. I also think Americans should stay away from Italy for
a while or someone could be railroaded for something else to make up for it.
have a court case they should start with putting their own legal system on trial, I do not
for a moment think she should go back or be forced to go back to Italy under any
circumstances.
In reality I think they will try her even if she is absent and they got her out of the country to avoid
problems with the United States. I also think Americans should stay away from Italy for
a while or someone could be railroaded for something else to make up for it.
It was sarcasm, based on a different discussion recently had in a different thread. Don't think too poorly of him for it. Many posters here have a bad habit of carrying arguments from one thread to the next.
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Tecumsehbones is a guy?
In watching the interview on CNN with Chris Cuomo, I concluded that journalists like Chris, are the type who drive the jury of public opinion to base opinions on "behavior" /circumstance, and not real evidence.
In many dna exonerations in the last 5 years, it has become apparent that "behavior alone" gets it wrong ...
Listening to Chris C reinforced to me that many of the media still believe that "behavior" should be enough to justify not only suspicion, but charges also.
He didnt let her speak to many of his arrogant questions where he repeatedly put her "behavior" on trial and mocked her defense where she explained that there was no physical evidence.
It made me sad to see, that he used her no physical evidence explanation, against her by berating her for using that defense as a cop out. This would only encourage many of the public to continue looking at one's "behavior" as grounds for charges.
Furthermore, he sensationalized and embellished her behavior in his narration throughout his interview where she didnt have the oppurtunity to correct him.
It was shocking to me that he wasnt at all curious to discuss with her, the reality that none of her or Rahael's DNA was in that tiny room, and none was at Raphaels place either. How did Chris think 2 people could have been in such a tiny room where there was blood everywhere from the floor to the ceiling, and full of feet and hand prints and physical DNA from one (Guede) but not theirs?
Clearly, he thought weird behavior should out weigh the reality of how the heck could one have been in that horrific blood bath without leaving one trace of dna or one print..let alone 2 people ..her and Raphael) ? sheesh
One has to appreciate that intellgence (to be able to get a degree in journalism) and logic apparently dont come hand in hand.
I think that's the plan K.
Don't think they have any plans for extradition...........last I heard.
She was in her right mind ??
Where were YOU the night of the 23rd. ??
Can ya prove it.??
Do ;you wish now, you had been somewhere else??
Was wondering when someone would bring it up..............I can't spell jeopardy or would have.........
Think this will be a wop-flop.
Do ya have to wear blaze orange ?