Amanda Knox Ordered to Stand Trial Again

Avatar for cmkristy
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Registered: 07-05-2005
Amanda Knox Ordered to Stand Trial Again
5
Tue, 03-26-2013 - 9:44am

Amanda Knox was ordered to stand trial again for the murder of her roommate by Italy's top criminal court on Tuesday, but there appeared to be little the country could do to force her to return for the new hearings.

The Court of Cassation, Italy's final court of appeal, overturned the acquittals of both Knox and her then-boyfriend Raffaele Sollecito over the 2007 killing of British student Meredith Kercher.

In a statement responding to the decision, Knox slammed prosecutors and vowed to fight on.

Italy Court: Amanda Knox to be retried for Meredith Kercher murder- http://worldnews.nbcnews.com/_news/2013/03/26/17468473-italy-court-amanda-knox-to-be-retried-for-meredith-kercher-murder?lite

Are you surprised that they have ordered her to stand trial yet again? Do you think there is any chance she'll ever return to Italy?

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iVillage Member
Registered: 09-01-2002
Tue, 03-26-2013 - 10:08am

cmkristy wrote:
  Are you surprised that they have ordered her to stand trial yet again? Do you think there is any chance she'll ever return to Italy?</p>

Yes, I'm surprised.  In the US, you couldn't convict the man the prosecution convicted and later go after Amanda Knox and her boyfriend without proving some connection between the 3.  I don't think there's an icicle's chance in heck that Knox will return to Italy, as well as many, many students and travelers. 

iVillage Member
Registered: 05-27-1998
Tue, 03-26-2013 - 10:16am

I'm not surprised by anything the Italian courts do. After all, they sent 6 scientists to jail for failing to predict an earthquake.

However, whether Amanda Knox returns to Italy isn't up to her; it will be up the US government. If Italy asks for her to be extradited and the US agrees, she'll have no choice.

Avatar for jamblessedthree
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Registered: 10-23-2001
Tue, 03-26-2013 - 3:06pm
Nice legal perspective Thardy. Is she protected by US laws now that she's back here? Lawyer up, I hope she doesn't have to return either.

 

 

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Registered: 10-17-2012
Wed, 03-27-2013 - 1:35pm

The US won't extradite her.  It would be going against one of our founding legal principles, Double Jeopardy.

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Registered: 04-16-2009
Thu, 03-28-2013 - 2:29pm

Interesting international law ramifications.

Double jeopardy probably does not seem to apply,according to what I have read..

"they're overturning a ruling that was made by an appellate court and retrying the case in another appellate court. And in some cases the U.S. does actually permit retrials of people who have had their convictions reversed on procedural grounds. There's a lawyer quoted in USA Today saying that the case is not likely to be considered a case of double jeopardy by U.S. courts because Knox wasn't acquitted before a jury."

Appeals are common in Italy as there are here; especially on procedural grounds. 

Ms. Knox will be tried "in absentia" and if the original conviction is upheld  and any other appeals fail to reverse that conviction, then there will be an application for extradition for her to serve the rest of her sentence.

The US has a extradition treaty with Italy; that means that the US has agreed to accept Italian judical system convictions. If she is convicted, the US has a duty under the treaty to arrest her and send her back to Italy. The evidence does not come into it; only the conviction matters.

Of course, if it comes down to that, the lawyers will fight the extradition in the US courts.  There will be appeals in Italy. It will take years on both sides of the Atlantic.

At the end, if the US refuses extradition of a person convicted of a crime in a country they have a treay with,  they run the risk of voiding that treaty.   Italy can then turn arround and tell the US to stuff it if the US applies for extradition of any person from Italy.  And, since Italy is part of the EU, it gets very messy.

Of course, all this depends on the exact wording of the treaty between Italy and the US (I don't think the US is one of the countries that blocks extradition of its own citizens but I could be wrong), how much the parents of the victim push and how much Italy want her back.