It is unlikely that Knox, who lives in Seattle, Washington, will return to Italy to serve additional prison time because U.S. law dictates that a person cannot be tried twice on the same charge, a legal expert told CNN. He believes that if Italy were to ask for extradition, U.S. officials would deny the request.
http://www.cnn.com/2014/01/30/world/euro...x-retrial/
I've heard the Italian justice system leaves something to be desired.
We ought to send her back.
Not really sure why "we" care about this. The Italian system seems really stacked and this chick was involved in something. But we have cases all day around this Country, why is this one special?
Their system leaves no more to be desired than our own.
They've satisfied all aspects of due process; send her back.
This is nothing more than this girl hiding behind American arrogance and "but I'm an American."
She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
(01-30-2014 06:26 PM)JMUDunk Wrote: [ -> ]Not really sure why "we" care about this. The Italian system seems really stacked and this chick was involved in something. But we have cases all day around this Country, why is this one special?
Pretty white girls are inherently more news worthy.
She won't spend another day in an Italian jail. She's innocent from what I have read. No one will ever know 100%. Keystone cops investigation and an even worse prosecutor.
(01-30-2014 06:29 PM)HeartOfDixie Wrote: [ -> ]Their system leaves no more to be desired than our own.
They've satisfied all aspects of due process; send her back.
This is nothing more than this girl hiding behind American arrogance and "but I'm an American."
Really? You might be forgetting a little clause that states you cannot try someone twice for the same crime.
(01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
(01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
(01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
the Overturn results in "Non-guilty"... if they had send it back to the lower court for "retrial" then the argument would stand. (I believe Italian courts allow that).
(01-30-2014 07:27 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
the Overturn results in "Non-guilty"... if they had send it back to the lower court for "retrial" then the argument would stand. (I believe Italian courts allow that).
I wasn't making an argument at all. I was asking a question first and then explaining my question with gobblygoop information.
(01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
No, because a defendant has a right to appeal a court decision. The prosecution does not. You cannot try someone twice for the same crime in America -- as it is clearly outlined in the article I posted.
(01-30-2014 07:49 PM)oklalittledixie Wrote: [ -> ] (01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
No, because a defendant has a right to appeal a court decision. The prosecution does not. You cannot try someone twice for the same crime in America -- as it is clearly outlined in the article I posted.
I understand double jeopardy. What I was not clear on was whether the appellate decision in Italy acquitted her, or whether it declared some sort of mistrial. If it was a mistrial, then this would not be a case of double jeopardy since she had never been officially acquitted.
(01-30-2014 07:54 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:49 PM)oklalittledixie Wrote: [ -> ] (01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
No, because a defendant has a right to appeal a court decision. The prosecution does not. You cannot try someone twice for the same crime in America -- as it is clearly outlined in the article I posted.
I understand double jeopardy. What I was not clear on was whether the appellate decision in Italy acquitted her, or whether it declared some sort of mistrial. If it was a mistrial, then this would not be a case of double jeopardy since she had never been officially acquitted.
I believe they declared her not guilty and the prosecution appealed. More than one bite at the apple.
(01-30-2014 07:57 PM)ark30inf Wrote: [ -> ] (01-30-2014 07:54 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:49 PM)oklalittledixie Wrote: [ -> ] (01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ]exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
No, because a defendant has a right to appeal a court decision. The prosecution does not. You cannot try someone twice for the same crime in America -- as it is clearly outlined in the article I posted.
I understand double jeopardy. What I was not clear on was whether the appellate decision in Italy acquitted her, or whether it declared some sort of mistrial. If it was a mistrial, then this would not be a case of double jeopardy since she had never been officially acquitted.
I believe they declared her not guilty and the prosecution appealed. More than one bite at the apple.
If that is the case, then we don't send her back.
(01-30-2014 07:54 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:49 PM)oklalittledixie Wrote: [ -> ] (01-30-2014 07:20 PM)GrayBeard Wrote: [ -> ] (01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Was she actually acquitted?
I knew she was found guilty, and that verdict was overturned on appeal. Now I am no judiciary scholar, but even in our country, doesn't that send the trial back to the lower courts for retrial? Or does an overturned verdict automatically result in an acquittal?
No, because a defendant has a right to appeal a court decision. The prosecution does not. You cannot try someone twice for the same crime in America -- as it is clearly outlined in the article I posted.
I understand double jeopardy. What I was not clear on was whether the appellate decision in Italy acquitted her, or whether it declared some sort of mistrial. If it was a mistrial, then this would not be a case of double jeopardy since she had never been officially acquitted.
Oh, OK. Apparently the prosecution can appeal in Italy. She was found not guilty.
This explains it:
Quote:After nearly 12 hours of deliberations, the court reinstated the guilty verdicts first handed down against Knox and Sollecito in 2009 for the death of Meredith Kercher. Those verdicts had been overturned in 2011 and the pair freed from prison, but Italy's supreme court vacated that decision and sent the case back for a third trial in Florence.
(01-30-2014 07:15 PM)DaSaintFan Wrote: [ -> ] (01-30-2014 06:32 PM)ark30inf Wrote: [ -> ]She was acquitted once. She is an American. Sending Americans back into double-jeapordy is a non-starter with me.
Italian courts are as much emotion as logic anyway.
exactly.. she was acquitted the first time. She aint' going back to Italy to serve any time.
Im torn and it's not that clear cut....
Ween a foreign nation decides not to extradite to the US we are upset so I can see how this at least warrants consideration. Im not saying we should send them just that *IF* Italian law allows for a second trial and *IF* the have a picture of her with the smoking gun in her hand its a hard all..