Amanda Knox and ex-boyfriend guilty of Kercher Italy murder


#1

A court in Italy has reinstated the guilty verdicts against Amanda Knox and Raffaele Sollecito for the murder of UK student Meredith Kercher in 2007.

American Knox - who is in the US - and her Italian ex-boyfriend Sollecito had pleaded not guilty.

She was sentenced to 28 years and six months in jail, while Sollecito received 25 years.

Ms Kercher was stabbed to death in the flat she shared in Perugia with Knox.

After nearly 12 hours of deliberations on Thursday, the court in Florence reinstated the verdicts first handed down in 2009 but overturned in 2011, when the pair were freed after four years in jail.

The verdicts were delivered by presiding judge Alessando Nencini, who ordered that 29-year-old Sollecito’s passport should be revoked but made no requests for limits on the 26-year-old Knox’s movements, saying she was "justifiably abroad’’.

bbc.co.uk/news/world-europe-25941999


#2

I don’t think the USA will extradite her because of the double jeporady involved. The US can elect NOT to extradite a person for any reason.


#3

That’s not really how it works, but I do think there is a chance the government will find some reason to block the extradition. If she were my daughter, she wouldn’t be found anyway.

I don’t see how any rational person can look at the process and conclude that they proved her guilt. I am not saying she is necessarily innocent either, but they surely didn’t prove her guilt.

I also wonder what their government thinks will come of this. Americans look at the lawlessness and viciousness of their judicial system and wonder why they would ever want to visit there. We avoid banana republics, in general, and Italy is not exactly making a very good example here.


#4

I could still see the U.S. refusing to extradite on constitutionality grounds, though. Our constitution trumps international agreements.


#5

The whole situation is ridiculous and I’m glad she isn’t being extradited.


#6

It’s actually the case that our foreign treaties are made supreme law through our constitution, which is why we as a people should be a lot more discerning about the kinds of treaties our alleged representatives enter into on our behalf.

en.wikipedia.org/wiki/Supremacy_Clause


#7

The supremacy clause only says that the constitution and international treaties trump state constitutions and laws. Note that it also places the constitution as “supreme law.” The traditional legal doctrine has been that the constitution trumps treaties, though that has been challenged.


#8

I do not know if Ms. Knox is guilty or not. But, her verdict was overturned by the Italian court and she was released. Consequently, Ms. Knox should not be extradited by the US. Having said that, she can never visit any county that has an extradition treaty with Italy. If she does, one of those countries could feel compelled to arrest and extradite her.


#9

If this is so, how was an American citizen caned for vandalism in Singapore back in 1994? Was it because he hadn’t left the country yet? I don’t quite remember…


#10

I seem to recall that being part of it. There wasn’t a whole lot we could do - I believe the American government registered their protests and was ignored.


#11

They should never have been found guilty in the first place. She should not be extradited and I don’t think the US would do that. Maybe people planning on a trip to Italy should plan on another country instead.


#12

Not to excuse the inept handling of the Knox case, but I won’t go as far as to accuse the Italian judicial system as being “lawless” even if badly flawed and imbalanced. Some of our friends on the other side of the pond might want to keep this in mind:

The Italian appeals process offers more guarantees to defendants than any other legal system in the world, whereby only the weakest evidence is treated, not the whole case. Knox’s team only had to attack the DNA evidence against her to undermine the whole edifice of the original trial. Italy has one of lowest prison populations in the world because of its lenient appeals process.

(bbc.co.uk/news/world-europe-15157384)

For the public’s sake, especially the Kercher family’s, I hope all parties will be cooperative, objective, and professional in the new proceedings so that the case can be settled once and for all.


#13

Has there been any news about extraditing Knox? From what I have read, Italy hasn’t filed a formal request for extradition, although most reports say it is expected. In addition, I haven’t seen any indication that the US State Department has issued an opinion on the matter.

Here is a bit on the process, in a news article written before today’s verdict:

*Extradition is the process of one country surrendering to another country a person who has been accused or convicted of a crime. Under the terms of the extradition treaty between the U.S. and Italy, the offense must be a crime in each country and punishable by more than one year in prison.

Any request to extradite Knox would go to the U.S. State Department, which would evaluate whether Italy has a sufficient case for seeking Knox’s return. If so, the State Department would transfer the case to the Justice Department, which would represent the interests of the Italian government in seeking her arrest and transfer in U.S. District Court.

American courts have limited ability to review extradition requests from other countries, but rather ensure the extradition request meets basic legal requirements, said Mary Fan, a former U.S. federal prosecutor who teaches law at the University of Washington in Seattle

“The U.S. courts don’t sit in judgment of another nation’s legal system,” Fan said…*
oregonlive.com/pacific-northwest-news/index.ssf/2014/01/amanda_knox_conviction_means_p.html

Double jeopardy doesn’t seem to be an issue, since her release was never finalized by Italy’s highest court. Even her lawyers admitted that double jeopardy was not involved.


#14

If Italy has convicted someone who is now in the USA of murder, then it seems only reasonable to extradite the convicted murderer to Italy, so that the convicted criminal can be punished to the full extent of the law.


#15

The Italian justice system is neither lawless nor vicious and I’m surprised to read someone making that description! Italy’s justice system is one of the oldest in the world and is extremely thorough, if bureaucratic.

My husband and I live in Italy for half the year, btw.

If the guilty verdict is upheld on appeal, the USA authorities should extradite her. It’s no more than would be expected had an Italian citizen committed a murder in the USA and subsequently returned to Italy.


#16

I’ve not followed the case though I recall an Italian teacher of mine once saying that in Italy you’re basically guilty until proven innocent.


#17

I have lived in Italy too and thoroughly agree with everything you say. They are careful and systematic to the point of seeming pedantic and the appeal process is extremely generous.


#18

The Italian legal system is based on the Napoleonic Code - civil law rather than common law. The same system exists in Louisiana, I understand.


#19

This ^! In most EU countries, Canada and other countries, acquittals can be appealed to a higher court and that isn’t double jeopardy, but rather, a continuation of a trial. So the key here is that the case was never finalised as you rightly said.

I understand that in the US, a state and the federal government can more or less try someone for the same crime. So double jeopardy doesn’t even always hold there.

So there is no reason why she shouldn’t be extradited to face justice unless she is above the law.


#20

:rotfl::rotfl::rotfl: :rolleyes:


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