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I apologize if the other threads are doing a satisfactory job of discussing all these issues.
I did want to deal with some of the legalities involved here. Many people are asking now that Knox has been retried in Italy and convicted again, can she be extradited to that country?
This doesn't appear to have a simple answer. The American courts may be wrestling with this question for awhile.
First, let's begin with the United States Constitution. The Constitution has a double jeopardy clause which prohibits the retrial of someone who has been acquitted of a crime or of someone who has been found guilty of a crime and served their sentence. Knox is American and is American. She is subject to the provisions of American laws which include the Extradition Treaty that the USA has with Italy. This treaty does not require the extradition of anyone found innocent or not guilty of a crime. If Italy attempts extradition, Amanda's lawyers will make the argument that under the Treaty she cannot be extradited because an Italian court (the Appeals Court) found her innocent.
Second, and this is critical. The appellate law system differs in Italy and the United States. Generally speaking, on appeal, American appellate courts review questions of law and procedure. Appellate courts in America do not retry the facts and evidence and arrive at their own independent conclusion of whether someone is guilty or innocent. In Italy, this is not true. The Appeals Court in Italy did exactly this and came to the conclusion that Knox was innocent. In Italy though, this is not a final judgment and that is why she was subject to retrial.
Third, the key thing here may be that the decision of the Appeals Court was not a final judgment. In fact, the decision of her most recent trial is subject to be appealed too. Until that is resolved there will not technically be a final judgment in the case. Italy may make no move to extradite Knox unless the Appeals Court upholds her conviction this time.
My bet would be that if the Appeals Court upholds her conviction this time around that American courts will allow her extradition to Italy to serve her sentence. However, it is far from certain.
This case literally seems a lifetime employment guarantee for all the lawyers involved. That's how the system in Italy works though. How much we cooperate with it is up to American judges.
I apologize if the other threads are doing a satisfactory job of discussing all these issues.
I did want to deal with some of the legalities involved here. Many people are asking now that Knox has been retried in Italy and convicted again, can she be extradited to that country?
This doesn't appear to have a simple answer. The American courts may be wrestling with this question for awhile.
First, let's begin with the United States Constitution. The Constitution has a double jeopardy clause which prohibits the retrial of someone who has been acquitted of a crime or of someone who has been found guilty of a crime and served their sentence. Knox is American and is American. She is subject to the provisions of American laws which include the Extradition Treaty that the USA has with Italy. This treaty does not require the extradition of anyone found innocent or not guilty of a crime. If Italy attempts extradition, Amanda's lawyers will make the argument that under the Treaty she cannot be extradited because an Italian court (the Appeals Court) found her innocent.
Second, and this is critical. The appellate law system differs in Italy and the United States. Generally speaking, on appeal, American appellate courts review questions of law and procedure. Appellate courts in America do not retry the facts and evidence and arrive at their own independent conclusion of whether someone is guilty or innocent. In Italy, this is not true. The Appeals Court in Italy did exactly this and came to the conclusion that Knox was innocent. In Italy though, this is not a final judgment and that is why she was subject to retrial.
Third, the key thing here may be that the decision of the Appeals Court was not a final judgment. In fact, the decision of her most recent trial is subject to be appealed too. Until that is resolved there will not technically be a final judgment in the case. Italy may make no move to extradite Knox unless the Appeals Court upholds her conviction this time.
My bet would be that if the Appeals Court upholds her conviction this time around that American courts will allow her extradition to Italy to serve her sentence. However, it is far from certain.
This case literally seems a lifetime employment guarantee for all the lawyers involved. That's how the system in Italy works though. How much we cooperate with it is up to American judges.
Until America's Supreme Court accepts a case so as to rule on a lower court's holding or refuses to accept a case for review, it could easily be said that the same things holds true in America; i.e, a verdict is not necessarily final until all appeals have been processed.
Sans serious trial fraud, acquittals in America are deemed to be final and non reviewable -- when was the last time you heard of jurors being brought in by a judge or Justice to review how they arrived at their position or asked to document such?
Now, you said: "Second, and this is critical. The appellate law system differs in Italy and the United States. Generally speaking, on appeal, American appellate courts review questions of law and procedure. Appellate courts in America do not retry the facts and evidence and arrive at their own independent conclusion of whether someone is guilty or innocent. In Italy, this is not true. The Appeals Court in Italy did exactly this and came to the conclusion that Knox was innocent. In Italy though, this is not a final judgment and that is why she was subject to retrial."
Let's be sure we are not representing opinion or assumptions as fact. Will you please post links that support your assertions or highlight facts from opinion or assumptions.
Now Italy's highest court has 90 days to explain its decision to reverse that acquittal. Whatever its reasoning, Italian law calls for the case to be reheard by a new appeals court, which can either affirm the conviction or order an acquittal. If the conviction is ultimately affirmed, the Italian government can petition the U.S. to extradite Ms. Knox to Italy to complete serving the 26-year prison term to which she was sentenced in 2009.
Ms. Knox would likely challenge any extradition request on the ground that she was already acquitted by the lower appellate court, so any subsequent conviction would constitute double jeopardy.
That is when the real legal complexities would kick in, because Italian and American law are quite different and both will be applicable in this transnational case involving a citizen of one country charged with killing a citizen of another country in yet a third country.
America's extradition treaty with Italy prohibits the U.S. from extraditing someone who has been "acquitted," which under American law generally means acquitted by a jury at trial. But Ms. Knox was acquitted by an appeals court after having been found guilty at trial. So would her circumstance constitute double jeopardy under American law?
That is uncertain because appellate courts in the U.S. don't retry cases and render acquittals (they judge whether lower courts made mistakes of law, not fact). Ms. Knox's own Italian lawyer has acknowledged that her appellate "acquittal" wouldn't constitute double jeopardy under Italian law since it wasn't a final judgment—it was subject to further appeal, which has now resulted in a reversal of the acquittal. This argument will probably carry considerable weight with U.S. authorities, likely yielding the conclusion that her extradition wouldn't violate the treaty. Still, a sympathetic U.S. State Department or judge might find that her appellate acquittal was final enough to preclude extradition on double-jeopardy grounds.
“The U.S. could take the position that subjecting Ms. Knox to re-prosecution in Italy could violate her constitutional rights as a U.S. citizen,” Mr. Zagaris said.
“In circumstances where a requested person has been previously acquitted for the same act or offense in the requesting country, it has been held that there is no constitutional or statutory bar to the U.S. granting extradition. … It is an issue U.S. extradition treaties normally do not cover. Ordinarily, the secretary of state in his or her discretionary authority must deal with this issue.”
Mr. Kerry’s potential conundrum shines a light on the emerging era of “transnational law,” which pits the domestic laws of one country against the citizens of another. In this case, three countries are affected — the U.S., Britain and Italy.
Transnational law differs from international law, which applies equally to members of the United Nations and is enforced by impartial, international bodies such as the International Criminal Court and the International Court of Justice.
Denying an Italian request to extradite Ms. Knox for the murder of a British national could have diplomatic consequences with Italy and Britain.
“Extradition is a mutuality-reciprocal relationship, and Italy would not feel good about accusations concerning its criminal justice system,” Mr. Zagaris said.
If the U.S. denies an Italian extradition request but later needs to extradite a fugitive from Italy, authorities there could “return the favor” by denying the U.S. request, possibly turning Italy into a haven for organized crime syndicates there.
In a 2013 Wall Street Journal article, Harvard law professor Alan Dershowitz opined: “As national borders become more porous … the trend toward the transnational application of laws will become more pronounced. … By becoming an exchange student in Italy, Ms. Knox subjected herself to Italian law. By coming back to America, she received the protection of the American extradition process. As for how this will turn out, she is in uncharted territory.
Politics is a significant and ugly facet of American jurisprudence, and the same holds true across the world. Our financial system is heavily directed and corrupted by politicians. Unfortuantely, this same influence and power also comes to bear in and on our system of jurisprudence.
Should it ever come, the response to an extradition request from Italy will be a political decision. I would not expect to ever see the decision be left at the doorstep of the Secretary of State. They would almost assuredly do everyhing in their power to avoid having that happen.
I was waiting for you to weigh on this. I've been saying it until I'm blue in the face, yet no wants to listen. She was NOT acquitted. The Italian higher court just ruled she should have another trial. That trial was give and she lost; yet again. Second quilty verdict.
Amanda Knox either was part of the murder and/or part of the cover up. She had direct knowledge or indirect knowledge of the murder and did nothing. She is guilty and deserves to be in prison.
I truly hope the US Government DOES extradite her to Italy. She belongs in prison, before she kills again.
Politics is a significant and ugly facet of American jurisprudence, and the same holds true across the world. Our financial system is heavily directed and corrupted by politicians. Unfortuantely, this same influence and power also comes to bear in and on our system of jurisprudence.
Should it ever come, the response to an extradition request from Italy will be a political decision. I would not expect to ever see the decision be left at the doorstep of the Secretary of State. They would almost assuredly do everyhing in their power to avoid having that happen.
Of course it's political, however in terms of extradition what comes around goes around, and the Italians may make a few political decisions in terms of any future extradition requests from the US, whilst this also strengthens the hand of other nations not wanting to extradite people to the US and sets a precedent.
Furthermore the current US/UK extradition is especially controversial, and many people in the UK would like to see this agreement fundamentally changed.
Of course it's political, however in terms of extradition what comes around goes around, and the Italians may make a few political decisions in terms of any future extradition requests from the US, whilst this also strengthens the hand of other nations not wanting to extradite people to the US and sets a precedent.
Furthermore the current US/UK extradition is especially controversial, and many people in the UK would like to see this agreement fundamentally changed.
Italy created this situation by allowing Amanda to leave the country after she was acquitted. America is famously know for its Constitution that protects the rights of its citizens and the fact that it forecloses on double jeopardy.
Courts resolve conflicts and ambiguities against the maker, which in this case is Italy.
Italy created the problem by giving Knox an automatica appeal trial alhtought the first one was conducted fairly and obtained a guilty verdict by a 8-0 count.
Most countries including America Knox doesn't get another trial.
They also made a mistake in letting her go after the appeal court found her not guilty as that gave the impression to ignorant people that was the final verdict when it was not. She have kept her in jail
I was waiting for you to weigh on this. I've been saying it until I'm blue in the face, yet no wants to listen. She was NOT acquitted. The Italian higher court just ruled she should have another trial. That trial was give and she lost; yet again. Second quilty verdict.
Amanda Knox either was part of the murder and/or part of the cover up. She had direct knowledge or indirect knowledge of the murder and did nothing. She is guilty and deserves to be in prison.
I truly hope the US Government DOES extradite her to Italy. She belongs in prison, before she kills again.
Yes! This is exactly what the AK PR wants to keep Americans from knowing about AK. The Brits and Italians know better in regards to the evidence against AK and her Ex boyfriend. She needs to face the music and give Meredith Kercher's family the answers they deserve.
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