Italy's top court to rule on Knox conviction in Kercher murder

Yahoo News ^ | March 24, 2015 | Isla Binnie

[QT3.14]

Italy's highest court will decide on Wednesday whether to uphold former U.S. exchange student Amanda Knox's conviction for the 2007 murder of Briton Meredith Kercher, potentially sparking an extradition battle with the United States.

Knox, 27, and her former boyfriend, Italian Raffaele Sollecito, were convicted for the second time last year in the killing of 21 year-old student Kercher, who was found stabbed to death in a house the women shared in Perugia, central Italy.

[AnalogReigns]

Over and over again.... If this case had been in the USA, the UK or any “innocent until proven guilty” (British) legal system country—charges would of never even been made.

[A CA Guy]

The whole thing was shown to be such a strong armed power play by the prosecutor with a circus on the side.

IMO Italy embarrasses themselves if they push this further.

[P-Marlowe]

I would have to agree that since she was acquitted in the re-trial that she should not be subjected to double jeopardy by having the US extradite her to Italy.

Under our constitution a defendant cannot be tried twice for the same crime and the state has no authority to appeal an acquittal. Italy does not recognize that right. Therefore regardless of whether or not she is actually guilty it would be a miscarriage of justice for our courts to order her extradition.

[SWAMPSNIPER]

Nothing is legally superior to constitutional rights. If she is guilty they had their shot and missed, tough luck!

[Jim from C-Town]

The U.S Will not extradite her. Well, Obama and Holder might. She does suffer from White privilege.

[nickcarraway]

She’d be in jail now.

[nickcarraway]

It would be a shame if she escapes punishment for murder. She’s guilty and she will likely kill again.

[nickcarraway]

You don’t understand Italy’s system of justice. Jeopardy does not attach until the third trial. The second trial was not a retrial.

[FredZarguna]

The miscarriage of justice here is that any Italian court ever bought her preposterous story, which exactly like the Casey Anthony case required jurists to believe that normal healthy people mysteriously drop dead and when those with both motive and opportunity destroy or fabricate evidence that must mean they're innocent.

[P-Marlowe]

Jeopardy does not attach until the third trial.

You're joking, right?

[Vendome]

Give it up Italy.

Foxy ain’t going back...evuh...

[AnalogReigns]

An asssertion—like the prosecutor(s), without evidence. The evidence against her was hopelessly contaminated by bumbling police anyway.

Like I said in any US court, even charges would of never been brought.

The confessed & convicted murderer—whose DNA they found, sits in jail to this day.

[QT3.14]

WSJ Video: Does Amanda Knox Have 'Double Jeopardy' Protection?

[SWAMPSNIPER]

It would be more of a shame if the Constitution is ignored again. Each time makes the next time easier and more likely.

[SWAMPSNIPER]

The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

If we do not defend this it cannot defend us.

[FredZarguna]

The Fifth Amendment applies to trials by the Federal government. It does not apply to the States, nor does it apply to foreign governments.

State Constitutions contain similar provisions. However, there is no US Constitutional provision that someone acquitted in a state trial cannot be retried in Federal Court -- and vice versa. There is a long-standing provision that this is not done. But it is NOT Constitutionally proscribed.

The Italians can try her as many times as their law allows, and no US law is being violated for doing that. If she were still in Italy, the US would have zero recourse to defend this despicable murderer. AFAIK, NO US Court has ever held up an extradition because the law in a foreign country failed to recognize double jeopardy. If you're aware of a precedent, please point me to it; but contrary to your opinion, there is no absolutist Constitutional right at issue here. The provision of double jeopardy doesn't extend to a protection for Americans tried in foreign courts, only in our own.

[Chauncey Uppercrust]

I was convinced from day 1 that Amanda was totally innocent! I have never been wrong in one of these cases yet, they all have the same earmarks. I am not suggesting I am infallible, just stating the fact that I have never been wrong.Too many cases to site here, but they include George Zimmerman and Darren Wilson.

I am praying for Amanda.

Was disappointed that my favorite lib Alan Dershowitz so far is saying that the treaty between the US and Italy trumps double jeopardy . So he is in danger of no longer being my favorite lib, perhaps will change his tune with a closer look should it happen, mind you other so called experts have a different view.

I actually have to count on John Kerry to come through for Amanda? If the court convicts her yet again

[Chauncey Uppercrust]

You call Amanda Knox a despicable murderer... I call you a dirt bag

[Chauncey Uppercrust]

You have no idea at all what you are talking about period