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In reply to the discussion: Amanda Knox should surrender to Italian authorities, The EVIDENCE Is Clear Enough- SHE DID IT. [View all]Gothmog
(177,271 posts)151. As a lawyer, I agree with your analysis as to double jeopardy
I doubt that double jeopardy has technically attached because this still the same case. In the US, a person can be retried if the conviction is overturned and the double jeopardy rule will not apply. Professor Dershowitz also thinks that double jeopardy does not apply http://worldnews.nbcnews.com/_news/2014/01/30/22507219-amanda-knox-convicted-of-murder-in-italian-retrial
Some observers have questioned whether the American protection against double jeopardy being retried and convicted of a crime after being acquitted would give the U.S. an excuse to balk at extradition.
But Dershowitz doubts that would apply in the Knox case because she was intially found guilty and her acquittal took place at an intermediate appeals level.
"If that happened in the U.S., it wouldn't be double jeopardy," he said
My problem with the verdict is that one needs to meet the beyond a reasonable doubt standard and that is difficult when the circumstantial evidence is weak. The evidence presented in the OP would not be sufficient to make it to a jury or survive a motion to dismiss in the United States. The fact that the prosecution has changed legal theories would also make it difficult to meet the beyond a reasonable doubt standard.
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Amanda Knox should surrender to Italian authorities, The EVIDENCE Is Clear Enough- SHE DID IT. [View all]
Fred Sanders
Jan 2014
OP
Knox has been duly convicted by the law of a Western legal system...do you think people should
Fred Sanders
Jan 2014
#9
Actually, he "flew" across the border and then flew back again and spent the night
pnwmom
May 2014
#231
Pray tell, WHY are they a joke? Fox News type baseless assertions do not belong here.
Fred Sanders
Jan 2014
#10
Right to a speedy trial, you may have a point there, but this is not double jeapordy.
Fred Sanders
Jan 2014
#87
You seriously need to do your research before trying to slyly slander other posters
DragonBorn
Jan 2014
#51
Mignini was up to his eyeballs in the Monster of Florence case, attacking journalists
pnwmom
May 2014
#205
Do they allow cameras in the courtroom? There seems to be a lot of contradictions thrown around
adirondacker
Feb 2014
#183
Their alibi was that they were in his cottage, watching a movie on TV. Raffaele had also been doing
pnwmom
Feb 2014
#185
Thanks! I think the general public is unaware of the rigging, evidence tampering
adirondacker
Feb 2014
#191
No his ruling completely disregarded the 10,000 pages of hard & circumstantial evidence against them
corpus_vile
May 2014
#234
It is a hate site filled with lies about the case. That is why its writers finally got expelled
pnwmom
May 2014
#201
I have read the Nencini report, as translated by Luca Cheli, the Hellman report,
pnwmom
May 2014
#219
Which assumes the so called "Murder room" was the actual crime scene. It wasn't.
corpus_vile
May 2014
#235
Oh, were you there? Both prosecutors say that room was where the murder was carried out,
pnwmom
May 2014
#239
That is not what I said. I said the opposite. Wikipedia's Jim Wales threw out the editors
pnwmom
May 2014
#250
P.S. "Knox has been convicted, allowed an appeal and convicted again during a retrial."
pnwmom
May 2014
#240
You have it backwards. No one needs to produce proof of Amanda and Raffaele's innocence.
pnwmom
May 2014
#254
An excellent DU post (by pmwmom) on why the Italian court's claims are nonsense:
tblue37
May 2014
#210
well, since the court of law that applies here is in Italy not the U.S.
WilmywoodNCparalegal
Feb 2014
#184
Well, having sex and partying are gateway vices. Murderess-ing is the next logical step...
Squinch
Jan 2014
#153
Good Article-it is clear that the case against Knox would not stand up in the United States
Gothmog
Jan 2014
#114
Try reading the appeals verdict, which explains why the first verdict was a pile of crap. n/t
pnwmom
Jan 2014
#73
The same prosecutor, during the investigation of the Monster of Florence, accused the
Squinch
Jan 2014
#100
Italians are laughing at the American justice system, remember George Zimmerman, so the whole
Fred Sanders
Jan 2014
#57
Just because our justice system has it flaws, sometimes sucks and gets it wrong too,
Liberalynn
Jan 2014
#69
Do you know of the case where a white man shot a black kid carrying Skittles in Florida?
Fred Sanders
Jan 2014
#84
Ya know what? I'd rather 5 Zimmerman's go free than to embrace the Italian kangaroo courts.
Adrahil
Jan 2014
#106
This post is awesome. You captured the typical troll voice perfectly! The triumphant all-caps
anneboleyn
Feb 2014
#167
What's "effusively moronic" is thinking use of the word "effusively" somehow makes your argument
Nuclear Unicorn
Jan 2014
#119
No one really knows what happened and the prosecutors have had so many theories and botched or
OregonBlue
Jan 2014
#75
A difference of opinion based on the admitted evidence is now a "troll game"?
Fred Sanders
Jan 2014
#80
Good Lord, how many people do not understand there was ONE Trial, two appeals?
Fred Sanders
Jan 2014
#83
There was one trial. She was convicted. There have been two APPEALS. NOT double jeapordy.
Fred Sanders
Jan 2014
#94
The court reinstated a guilty verdict first handed down against Knox and Raffaele Sollecito in 2009.
Fred Sanders
Jan 2014
#98
I, and Prof Julian Ku, who teaches transnational law at Hofstra University in New York,
Fred Sanders
Jan 2014
#109
Name one and his/rational based on the extradition treaty, I would welcome it, sir.
Fred Sanders
Jan 2014
#112
I have no idea whether she's guilty or not, but your "evidence" is garbage...
joeybee12
Jan 2014
#103
Freddy doesn't want facts to get in the way of his made up mind-what there is of it.
hobbit709
Jan 2014
#108
The concept of the burden of proof being beyond a reasonable doubt is not part of Italian system
Gothmog
Jan 2014
#133
There are a number of lawyers on this board who do know how to evaluate evidence
Gothmog
Jan 2014
#137
I don't think she should surrender to Italian authorities. It would be silly.
Captain Stern
Jan 2014
#154
You obviously missed where she alleges sexual abuse among one of the guards
davidn3600
Jan 2014
#160
Oh, HER allegations without proof or trial are CREDIBLE, are they now? No bias there!
WinkyDink
Feb 2014
#170
Is that supposed to be a bad thing? Hello, OJ, Gitmo, Zimmie, JonBenet, ......
WinkyDink
Feb 2014
#171
TL/DR but the police work was shoddy, there was no evidence, she was let go once, and
MADem
May 2014
#202
We don't extradite for that, and Italy won't expect us to, either. They know how we roll.
MADem
May 2014
#207
I am basing my opinion on how State views double jeopardy from an American court's perspective.
MADem
May 2014
#241
I said they can -- but only for technical reasons, as in the Delay case. Not based on
pnwmom
May 2014
#229
The ECHR will rule that Amanda's and Raffaele's civil rights were denied when they
pnwmom
May 2014
#238
I'm going to continue to speak up for the truth while people spread their hate.
pnwmom
May 2014
#248