Amanda Knox- Guilty of Murder, Again.

Will she be extradited to Italy after the appeals process has been exhausted?

Does double jeopardy apply in this case?

I didn't totally follow this case but is it correct this was her 3rd trial?? Was she found guilty both of the other times? I don't get why so many trials.

Don't know if Italy has the "double jeopardy" law but I'm confused as to why so many trials over same crime?? I believe her boyfriend (or the other student involved) is serving time correct?


TIS

In Italy, IIRC, you can be tried and found guilty and then appeal the decision (maybe with the approval of a judge) and be tried again. I believe this is what happened with her, although I am no expert on the Italian legal system - it's just from what I've picked up in various articles on the case.

Never in a million years.

If i was Knox i'd never leave the country and just pray the USA never decides to extradite her....which like PB i doubt they will...but then again you never know.

I've always been confused somewhat with the Italian Court and Legal System....it gets confusing compared to what we're used to here in the states, guilty then innocent. then guilty again...give it another year and i wouldn't be surprised if they drop the conviction.

Who is amanda cox? Lol

But seriously amanda knoxs lawyer seems pretty convinced that knox doesnt have to worry about extradition because of double jeporday. GC your right if she ever leaves the country she will be in real trouble.

She'll never leave the US, rightfully so imo there's next to no evidence connecting her or Sollecito to the crime, they have the killer in Rudy Guido imo, no evidence as far as i'm aware that there was more than one killer. The only question to be asked of Knox and Sollecito is whether they knew it was going to happen or that they witnessed it, because i don't think they're completely innocent. I think that Guido was the one that murdered her though.

If Amanda Knox's conviction is upheld by the Itslisn Supreme Court, there stands a good chance- even a probability- that she will be extradited. While Italy's justice system is flawed and violates some standards of American jurisprudence, there is an exradition treaty in place with Italy, and no apparent legal basis, on which extradition can be denied.

Some critics point to the argument that her recent conviction violates double jeopardy (although her first trial ended in a conviction), this does not give rise to a basis for rejecting a request for extradition as the Italian legal system followed its procedure, which was widely known at the time that the extradition treaty was placed in effect.

The extradition request first goes to the State Department, which recommends it to the Justice Department. Because of the length of appeals in the Italian system, their Supreme Court may not rule upon the conviction until the next presidential administration in America.

A possibility for Knox is that the US Justice Department may take up the case of extradition on behalf of the Italian government, which would provide Knox with more legal ammunition, not necessarily to prevent extradition but delay a decision, which might buy time for a resolution.

The US is not inclined to anger democrastic allies by denying extradition without a legal basis as we have recently relied and continue to rely their unquestioned willingness to extradite suspects in the war on terror. Moreover, as we argue for the extradition of Snowden, it appears disengenuous to the world if we don't extradite someone on the basis that we don't like the verdict.

There is precedent when we refused to extradite an air force pilot, who killed people in Italy when he flew into a ski lift. The circumstances, in which we denied extradition there, don't exist in Knox's case.

Good analysis Kly. In addition, I think it is disingenuous for anyone to extrapolate US due process to any country. While double jeopardy applies in the US, it does not necessarily apply in Italy and it would be a reach for the State Department to deny extradition based on it.

Good point that the US will look like hypocrites for not handing over Knox, since we're leaning on other countries to turn over Snowden. Apparently the US makes the most extradition requests in the world.

I guess it's up to John Kerry to decide. Here's a nice summary:
http://usnews.nbcnews.com/_news/2014/01/...ses-appeal?lite

Won't Italy deny extradition if we want to apply death penalty to a case? If that's true, then why can't we use double jeopardy in the same light.

The Judge said the jury came up with a motive and they'll let us know what it is within 3 months.

3 months?..isn't that nice of them. lol.

"Nencini says the jury had come up with a motive that will be made clear in a written explanation of the verdict, expected within three months. But he hinted at the conclusion, saying that up until 8:15 p.m. on the night of the murder, Knox and her now ex-boyfriend had other plans, but that something changed".

http://worldnews.nbcnews.com/_news/2014/...ty-verdict?lite

Small recap for those who are not Italian .
If he is sentenced in Italy , you can appeal to the Appellate Court and then to the Court of Cassation.
Amanda Knox and Raffaele Sollecito were first convicted, then acquitted on appeal and later convicted because the Supreme Court has said that it was necessary to redo the process , also the Italian law allows sentences in absentia , so if Amanda leaves the U.S. to go in a country which Italy has a treaty jurisdiction , will be arrested and extradited to Italy . Where can appeal to the Supreme Court.
As for the other issues, the Italian Constitution doesn't allow extradition if the person in the country seeking extradition , will risk the death penalty.
As for hypocrisy, there were no extraditions to the Abu Omar case, and when we asked for the extradition of Rosario Gambino, a judge objected, saying that the regime of 41a is a form of torture.
In general, given that the United States considers inferior and barbarous all laws outside of their own, Amanda I wonder why is considered a heroine (what has ever done, of so heroic?), If he wants to prove that he is in the right should return Italy and sustain the process, but she won't do it, and the U.S. department of Justice won't extradite, just because we are a country of the Third Worl .If the US consider us worthy allies, they would have already granted the extradition.

I feel sorry for the parents of the murdered girl, Meredith Kercher, who can get no closure whilst this circus goes back and forth!!

it's a shame that not only Amanda Knox is considered a heroine in the United States, but have even dedicated her a movie.

http://en.wikipedia.org/wiki/Amanda_Knox:_Murder_on_Trial_in_Italy

I don't think so she did it. But to many big fish in the media have got off lately zimmerman casey anthony so she's toast

Furio, thanks for the legal summary. As far as the extradition, Italy hasn't requested it yet, and probably won't until the final appeals have been exhausted.

I'm surprised that she was convicted without solid forensic evidence of being involved. And as Camarel stated above, the main murderer is in jail, convicted on dna evidence. So it's not exactly an unsolved murder.

Here's a decent documentary for those who want to catch up on the case.

little Man, if the Supreme Court says that you have to redo the process, a reason, or rather more than one there will be also the Knox family hired a well-known public relations spending more than a million dollars to make the story of amanda ,the story that you americans like so much, the poor Yankee girl, innocent who must fight against an unjust system in a third world country.
Guede only for the summary procedure was sentenced to only 16 years for complicity in murder and sexual assault by a judgment of the Supreme Court, First Criminal Division, dated December 16, 2010.

Here is the reconstruction of events

" According to the reconstruction, Knox and Sollecito, on the evening of 1 November 2007, meet in Piazza Grimana with Guede, Knox's friend, who decides to join them for the evening. The three travel to the student's home, where her roommate Meredith Kercher,had recently returned after an evening spent with her british friends, immediately noticed her presence as the door of her room was ajar.

Knox and Sollecito exchange effusions and intimate tenderness, while Guede is in the bathroom, as found in the investigation. Guede, probably excited by the outpourings of Sollecito and Knox, would be entered into the Kercher's room, groped for an approach, but, in front of his refusal, he would taken violent behavior to groped to rape her.
At the cries of Kercher, Knox and Sollecito would joiny with Guede,in the criminal action, in that they would find an "exciting situation", so trying to immobilize with the threat of a knife.

The situation would have degenerated to the continued resistance of the Kercher. The Knox with the kitchen knife affects the victim in the neck, causing it life-threatening injuries, though the death takes place after a long and excruciating agony. The three defendants, immediately after the murder, to steal mobile phones, for fear of generating alarm from someone that call her no answer, devices that will be found in a ravine just a few hundred meters from the scene of the crime. The three head off in different directions, Guede in a nightclub , Knox and Sollecito at the Sollecito's house. The next morning the two attempt to erase the traces of the crime and then break a window of the house to stage a fake robbery in order to sidetrack the investigation "

I have to say Furio that i'm not biased in the slightest regarding this case. If i was it'd most likely be against Knox since it was a British girl murdered, but quite simply the evidence isn't there. I don't buy into these PR campaigns that portray Knox as an angel, and i certainly don't think Italy is a 3rd world country. Thisis from wikipedia, According to the prosecution's reconstruction, Knox had attacked Kercher, repeatedly banged her head against a wall, forcefully held her face, tried to remove her clothes, cut her with a knife, inflicted the fatal stab wound, and then took her two mobile phones and faked a burglary.[146] Guede's shoe prints, fingerprints, and DNA were found in the bedroom, his DNA was found on Kercher and her clothing, and his skin cells were inside her body. Guede's DNA mixed with Kercher's was in bloodstains on the inside of her shoulder bag.[147] No shoe prints, clothing fibers, hairs, fingerprints, skin cells or DNA of Knox were found on Kercher or in the room. The prosecution alleged that all forensic traces in the bedroom which incriminated Knox had been wiped away by her and Sollecito -

It's crazy that Knox and Sollecito were so thorough yet Guede left all of the incriminating evidence related to him there. The reconstruction is ridiculous. I can't say without a doubt that she's not guilty, but i also don't believe there's enough evidence for her to be convicted.

We can't deny extradition,based on the failure of the foreign country to recognize double jeopardy without violating the extradition treaty we have with Italy. In effect we waived the double jeopardy basis when we signed the extradition treaty that recognizes that the application of the Italian justice system (which undoubtedly lacks many of the features we hold sacred to a fair legal system) as valid.

Just as countries, which have banned the death penalty, balk at extraditing people, who may face the death penalty here, we do not extradite citizens, who would face the possibilty of physical torture. Such exclusions are compatible with the treaty.

My son is considering studying in Italy over the Summer. I support him in this opportunity, but stress that when you visit another country you are submitting yourself not only to their laws, but their criminal justice system, and due process doesn't apply.

As for Amanda, she'd be well advised to make plans to relocate to a country in the Cribbean that has no extradition laws with Italy and renounce her citizenship.

Thanks Klydon1, I hope your son can study in Italy, and can have fun in our country, that how said Sorrentino we are a country "strange but beautiful" and of course also our judicial system has some flaws, but in ours, there is no death penalty, I hope, were it not for else justice, that Amanda Knox was extradited to Italy, and serve to the end his sentence.