Amanda Knox 'Foxy Knoxy' to be retried for Meredith Kercher murder

American_Jihad

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May 1, 2012
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Italy court: Amanda Knox to be retried for Meredith Kercher murder

3/26/13
By Ian Johnston, Michelle Kosinski and Stephanie Siegel, NBC News

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
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Italy court: Amanda Knox to be retried for Meredith Kercher murder - World News
 
It strikes us as "odd" that such a ruling could happen.

But it really isn't that much different than what COULD happen here.

Let's say, in NY, a felony trial court (called ironically enough the "Supreme Court") conducts a criminal trial in which the defendant is convicted.

The convicted defendant appeals to the intermediary appellate level court (called the "Appellate Division") and that court reverses the conviction and dismisses the Indictment. Case over?

Not necessarily. The People challenge the legal validity oft he Appellate Division's determination in the State's highest Court. In NY it's the Court of Appeals. The Court of Appeals could REVERSE the Appellate Division's decision and reinstate the conviction OR order that the case be re-tried.

It happens.
 
So what happens now? are we sending her back?

I dunno.

Here's some stuff I found. I have no idea how realistic it is or isn't:

* * * *

Italy and the United States have an extradition treaty, which means that, upon request, America is theoretically obliged to surrender fugitives who have been convicted of crimes in Italy, and vice versa. In practice, there are exceptions to the rule. Countries can and do deny extradition requests for many reasons: if the accused will be subject to double jeopardy; if extradition is requested for political or military offenses; if the would-be extraditee is powerful and famous.

I predict that, even if she is convicted in absentia, there’s no way that Knox will be extradited back to Italy to serve her sentence. Knox is a cause célèbre in the U.S., and her partisans will exert significant pressure on the government to deny any extradition request. Article X of the current U.S.-Italy extradition treaty states that the requesting nation must present a case summary that provides “a reasonable basis to believe that the person sought committed the offense for which extradition is requested.” The United States will probably use this as grounds for blocking Knox’s extradition. They might cite double jeopardy, too, but that’s a trickier argument to win under the current treaty.

More likely is that, if Knox is convicted again, Italy won’t even bother requesting her extradition. Doing so would cause a small but real international incident, something that both nations would prefer to avoid. The two countries will reach some sort of agreement, and Knox will never spend another day in an Italian jail.
Justin Peters in SLATE: Meredith Kercher murder case: Amanda Knox will never be extradited to Italy.
 
good lord

The italians sure love their drama.

All I can assume, from the years I lived there, not everyone got bribed properly.



Who actually arrested her? The Carabanari or the polocia?
 
If I were her I would have packed and my bags and moved to a place with no extradition agreements with the US or Italy.

Did you think the same about Roman Polanski?

She has a case to answer for, she needs to answer for it.

Polanski is an entirely different case, he accepted a plea deal, then fled the country before sentencing, never to return. There is absolutely no comparison to Amanda Knox, to suggest otherwise is ignorant.

She has answered for the crime for which she was charged, was convicted, had the conviction overturned and was found innocent, and is now facing trial for the same crime all over again. What more would you have her do?

The Italian judicial system is a joke. Corrupt as all hell. See my previous link for more details.
 
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If I were her I would have packed and my bags and moved to a place with no extradition agreements with the US or Italy.

Did you think the same about Roman Polanski?

She has a case to answer for, she needs to answer for it.

Polanski is an entirely different case, he accepted a plea deal, then fled the country before sentencing, never to return. There is absolutely no comparison to Amanda Knox, to suggest otherwise is ignorant.

She has answered for the for which she was charged, was convicted, had the conviction overturned and was found innocent, and is now facing trial for the same crime all over again. What more would you have her do?

The Italian judicial system is a joke. Corrupt as all hell. See my previous link for more details.

I agree that the Italian justice system is a joke, but they want her to face trial again. She can keep running, but they will catch up with her eventually.
 
Did you think the same about Roman Polanski?

She has a case to answer for, she needs to answer for it.

Polanski is an entirely different case, he accepted a plea deal, then fled the country before sentencing, never to return. There is absolutely no comparison to Amanda Knox, to suggest otherwise is ignorant.

She has answered for the for which she was charged, was convicted, had the conviction overturned and was found innocent, and is now facing trial for the same crime all over again. What more would you have her do?

The Italian judicial system is a joke. Corrupt as all hell. See my previous link for more details.

I agree that the Italian justice system is a joke, but they want her to face trial again. She can keep running, but they will catch up with her eventually.

She may not even seek to evade their stupid re-trial.

But if she chose to evade them, all she'd have to do is stay out of their fucking country or any other country which would allow her to be extradited.

Not exactly difficult. Lots of folks would find it quite easy to stay the fuck out of most of Europe for the rest of their lives without breaking the tiniest sweat.
 

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