Amanda Knox

[Happy Panther]

Will she be expedited? (double jeopardy)

Good Question.

Knox returned to the U.S. after she was freed in 2011 and now lives in Seattle.

Italian law cannot compel her to return for the re-running of her appeal, but she could be tried in absentia.

If she is convicted, Italy could seek her extradition.

The U.S. and Italy brought an extradition treaty into force in 1984, when Ronald Reagan was president.

The treaty obligates each country to extradite anyone charged with or convicted of an extraditable offence - or any offences punishable under the laws of both countries by a jail sentence of more than one year.

Italy must provide the U.S. with specific documents to demonstrate they have 'probable cause to believe' that Miss Kercher was murdered and Miss Knox committed the offence.

But even if it does make a request, Knox still not might end up before an Italian court due to 'double jeopardy.'

The request could be rejected by U.S. officials because it violates the U.S. legal principle that a criminal defendant can't be tried twice on the same allegation Joey Jackson, a contributor for HLN's In Session, told CNN.

Read more: http://www.dailymail.co.uk/news/article-2299252/Amanda-Knox-WILL-face-retrial-murder-British-student-Meredith-Kercher.html#ixzz2OelZdqgp

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[Proudiddy]

She better move somewhere else, lol.

[Happy Panther]

Guilty...again.

 

 

[Guest]

I think she should cancel that Italian cruise she had planned for the spring 

[Johnny Rockets]

She won't be extradited back to Italy will she? Do the US double jeopordy laws come into play in this?

[Darth Biscuit]

She won't be extradited back to Italy will she? Do the US double jeopordy laws come into play in this?

 

idk about extradition, probably depends on what treaties we have with them.

 

I doubt our double jeopardy laws will matter, it's not really an issue with US courts.

 

I am, however, not an attorney.  But I play one on TV.

[Anybodyhome]

1. There are no double jeopardy rules in Italy. This is the only reason she was tried again this time.

2. She is technically "Guilty- Part 1" right now and, just like last time, a panel of Italian judges review the entire case and either throw it out like last time, or uphold the guilty verdict.

3. If they throw it out, she is again not guilty and could be tried yet again...

4. If they uphold guilty verdict, she can appeal.

5. If appeal process fails and conviction is upheld, Italy can then ask for extradition. Only if US allows extradition do her lawyers have to then begin fighting the extradition proceedings.

 

The whole thing will likely take another couple years just to get to the extradition process.

 

There is no physical evidence even linking her to the murder except she had been to the scene at some point. There was unidentified third party DNA at the murder scene and the knife that was supposedly used and in her kitchen turned out to be not even close.

 

I think she may know something about it from heresay or third party, but I don't think she was involved in the actual killing.

[Jackofalltrades]

They've tried her twice already, I'd tell them to shove it. Seems like they can just keep trying until the get the result they want.

[TheRed]

So what do they do in Italy, just keep trying someone until they finally get the verdict they like? Preposterous.

[MadHatter]

US would likely deny extradition based on double jeopardy.

I know that our double jeopardy law does not apply in Italy for their judicial system. However, it is a constitutional right for our citizens and the US would likely not extradite because it would violate her constitutional rights in our eyes.

And, the lower court previously did not throw out the verdict...it found her not guilty. This is very different than having a guilty verdict overturned on appeal in the US...which only vacates the verdict and calls for a new trial.

[CosmoGirl]

I've changed my mind and not sure why I thought she was guilty before. I'd go deep into hiding.

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