This is different than American justice how? Or Canadian? Or British?
I’m originally from Italy and Italians know better than anyone of the corruption, vanity and incompetence that is rampant in their bureaucrats, politicians, prosecutors, courts and police agencies. There are good people, crusaders, if you will, but also many flakes, fools and nefarious sorts to be found in their legal and justice system. As soon as I saw the comments about “satanic sex orgies” and such, I smelled a colossal rat behind this particular prosecution. I love Italy, but this is one part of it that I totally repudiate.
Just my two bits, your mileage may vary…
Rafael Sollecito has a book coming out, and I thought this would be the place to mention it. AP story here.
I thought the most telling part of the article was this sentence:
For his sake, I hope he’s not in Italy; apparently parts of the book are critical of the police and their handling of the case, and I wouldn’t be surprised at all if the police try and arrest him for slander, the same way they charged Amanda Knox (and won a conviction on the charge, ffs).
2nd and final appeal is expected to be decided today. I really can’t see this going any other way than the court telling the prosecution to get stuffed.
Cite.
I hope they throw out Knox’s slander conviction as well.
Looks like there’s going to be a retrial…
I hope she doesn’t have to go back there. She’s been victimised enough by a deranged Prosecutor and the Italian justice system. What a joke.
My understanding is that Italian law cannot compel her to return to Italy.
I’m really shocked that this is up for retrial and that the prosecution would waste time and money bothering. I can’t for the life of me believe that anyone with the brains to go thru any kind of law school above the “mail in this coupon” level would think that there was actually a case here.
It could be the top court made the ruling to cover the embarrassment of the prosecutor (i.e. part of the brotherhood), never expecting a retrial to actually occur. The ruling does have the effect of preventing Knox (and Sollecito?) from ever returning to Italy, because if she did, the media circus would simply fire up again, and the prosecutor would face the embarrassment of a dismissal or acquittal at trial.
Don’t look for an extradition request to occur, knowing the US has double jeopardy protection.
I doubt double jeopardy would apply. You can’t be tried twice, but a mistrial is not a trial.
I’m not seeing it either. She was convicted at trial. An appeals court overturned it, and a higher appeals court ordered a retrial.
The appeals court didn’t rule a mistrial. They ruled an acquittal.
So, can the Italian authorities extradite contemptuous Dopers on slander charges? :eek:
And then what happened?
Nothing of any meaning under US law. Which would guide the response to any extradition request.
Resurrecting this zombie thread yet again, because this is the murder case that Italy can’t or won’t let go of: [
](http://hosted.ap.org/dynamic/stories/E/EU_ITALY_KNOX_TRIAL_WHAT_IF?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-03-24-11-25-34)
The article provides some recap of what led to this:
Italian justice is not like American justice:
We’re talking about Italy here – a third world country plus spaghetti. They literally convicted her of being a witch. No one, except people inclined to knee-jerk about how America is always worse, views this as anything but an incredibly backwards society refusing to admit that its entire legal system is a joke.
No.
Not literally.
As far as I can tell, in the US a prosecutor would not have been able to appeal a lower court’s acquittal in these circumstances. Is that a barrier to extradition?
Lengthy previous thread on double jeopardy and extradition, with comments from Bricker and others: “Amanda Knox and Double Jeopardy”
Gimme the reader’s digest version. Does the USA’s extradition treaty with Italy permit extradition into what the American justice system would consider double jeopardy?