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  #1  
Old 26 March 2013, 06:43 PM
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Default Amanda Knox to be retried for murder

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Amanda Knox was ordered to stand trial again for the murder of her roommate by Italy's top criminal court, but there appeared to be little the country could do to force her to return for the new hearings.
http://worldnews.nbcnews.com/_news/2...kercher-murder

I'm...kind of in awe that there would appear to be no legal concept of double jeopardy over there. It IS the 21st century, right?
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  #2  
Old 26 March 2013, 06:50 PM
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Originally Posted by Rebochan View Post
I'm...kind of in awe that there would appear to be no legal concept of double jeopardy over there. It IS the 21st century, right?
It's not double jeopardy. Her acquittal on the original charge was overturned on appeal. It is still the original charge that she is facing.
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  #3  
Old 26 March 2013, 06:55 PM
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Originally Posted by UEL View Post
It's not double jeopardy. Her acquittal on the original charge was overturned on appeal. It is still the original charge that she is facing.
But in the U.S., at least, an acquittal cannot be appealed by the prosecution because of the prohibition against double jeopardy.
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  #4  
Old 26 March 2013, 07:08 PM
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Yea, I'm hardly up on legal stuff but my understanding is unless it's a mistrial you get one bite at the apple.

That said I guess "Charge them again and again until we make it stick" is a way to go too....
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  #5  
Old 26 March 2013, 07:21 PM
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Originally Posted by snopes View Post
But in the U.S., at least, an acquittal cannot be appealed by the prosecution because of the prohibition against double jeopardy.
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Originally Posted by Mickey Blue View Post
Yea, I'm hardly up on legal stuff but my understanding is unless it's a mistrial you get one bite at the apple.

That said I guess "Charge them again and again until we make it stick" is a way to go too....
That's a different understanding of double jeopardy here. You can't be charged a second time for the same allegation, but if you got acquitted improperly, and it was overturned on appeal, then it is not double jeopardy.

Interesting the different take with the US system.
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Old 26 March 2013, 07:21 PM
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It's not clear to me what the various levels of courts are in this case. Even in the US, if you had a conviction overturned on appeal, with, say, an order for the trial court to enter a judgment of acquittal, the prosecution side could appeal that up until there was a final judgment. That is, until they had exhausted the appellate process--they would be appealing the intermediate appellate court's ruling to send the case back to the trial court.

On the other hand, if the conviction were overturned on appeal and actually did go back to the trial court, which then entered a judgment of acquittal, then the prosecution could not appeal from that judgment. Nor could the prosecution appeal from an acquittal in the first instance.

I know though that the Italian system allows appeals from acquittal verdicts at the trial court level, so it is a different system from ours.
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  #7  
Old 02 May 2013, 06:44 PM
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Default Amanda Knox: 'I haven't been allowed to grieve' for roommate

Amanda Knox, who spent nearly four years in an Italian prison after being convicted of murdering her British roommate, says she hopes the slain woman's parents read her book and give her permission to visit their daughter's grave.

"I haven't been allowed to grieve. I want so much to pay my respects to her, to her grave," said Knox, who has just released her book Waiting to be Heard: A Memoir by Amanda Knox. She spoke with Anna Maria Tremonti of CBC's The Current.

http://ca.news.yahoo.com/amanda-knox...113625982.html

She really needs to shut up. The more I hear from her the less I believe her.
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  #8  
Old 30 January 2014, 09:00 PM
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Quote:
An Italian appeals court has convicted former exchange student Amanda Knox and her ex-boyfriend Raffaele Sollecito on murder charges again.
http://www.cnn.com/2014/01/30/world/...ial/index.html
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  #9  
Old 30 January 2014, 10:23 PM
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Originally Posted by UEL View Post
That's a different understanding of double jeopardy here. You can't be charged a second time for the same allegation, but if you got acquitted improperly, and it was overturned on appeal, then it is not double jeopardy.
Sorry but that still sounds like "Keep taking them to trail until you get the result you want."

And FTR before anyone even makes the accusation this has zero to do with whether or not I think Amanda Knox was guilty or not or the fact that she's an American being tried in a foreign court. I didn't even like the civil trial against O.J. and that wasn't even Double Jeopardy.
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  #10  
Old 30 January 2014, 10:53 PM
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Originally Posted by Sue View Post
She really needs to shut up. The more I hear from her the less I believe her.
Well, that's a convincing argument.
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  #11  
Old 30 January 2014, 10:56 PM
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The quote from Knox is very self-centered, but I don't see why being incredibly self-absorbed makes her less trustworthy.
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  #12  
Old 30 January 2014, 11:04 PM
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I don't fully understand the structure at play in the Italian court system, but it is possible for a case in the US system to take a similar course, even though the prosecution can't appeal an acquittal at the trial court level. Prosecutors can, in some states at least, take appeals from certain adverse rulings at the trial court level, and from decisions in the defendant's favor at the appellate level. So a case can go up and down for appeals and retrials multiple times here too.
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  #13  
Old 30 January 2014, 11:06 PM
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Yeah but on a base level if you're sitting a court room, hear a jury foreman read "Not Guilty" then hear a gavel bang the idea that you're gonna wind up sitting back up on the stand for the same charge is just completely unthinkable.
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Old 30 January 2014, 11:13 PM
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But you can't expect US law to apply when you're on trial in another country. Foreign nationals tried in the US are tried under our system of laws, and vice versa. It doesn't really matter whether you don't like it or not.
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  #15  
Old 30 January 2014, 11:17 PM
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Quote:
Originally Posted by JoeBentley View Post
Yeah but on a base level if you're sitting a court room, hear a jury foreman read "Not Guilty" then hear a gavel bang the idea that you're gonna wind up sitting back up on the stand for the same charge is just completely unthinkable.
Yes. If you reach that point here, you can't be tried again by the same sovereign. I don't think that Amanda Knox had that happen though. Her acquittal verdict was from an appellate court, as I understand it. It's confusing, because under their system they are beimg reported as pronouncing verdicts at each level, whereas we would refer to a verdict being affirmed or reversed on appeal, but my understanding is that the "acquittal" was not a final judgment on appeal. Again, you could win a reversal of your conviction here in an intermediate appellate court, but then lose at the next level of appellate court and have your guilty verdict upheld.
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  #16  
Old 30 January 2014, 11:17 PM
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I don't expect someone being tried in the Italian Court System be held to American legal standards. I can however comment on whether or not one particular facet of their legal system makes any sense.
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  #17  
Old 30 January 2014, 11:24 PM
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You seem to be basing your theory about how the Italian justice system doesn't make sense on the fact that it seems uncomfortably like double jeopardy to you. Your opposition to it seems to come from the fact that it's different from our own legal system.
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  #18  
Old 30 January 2014, 11:36 PM
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So any criticism of a foreign court system is just because it is different from mine.

Got it.
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  #19  
Old 30 January 2014, 11:42 PM
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Not any criticism. Just criticism based on "I don't like it" and "on a base level" it would be "unthinkable" when you don't like it and it's unthinkable because it "sounds like" something that wouldn't be allowed in your own country.
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  #20  
Old 30 January 2014, 11:48 PM
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Here's a good explanation of the process from Alan Dershowitz. http://online.wsj.com/news/articles/...84871256488436

Apparently, even her Italian lawyer said at one point that the appellate court "acquittal" wouldn't trigger double jeopardy under US law (relevant to the extradition process) because it was not a final judgment.
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