General Discussion
In reply to the discussion: Should the United States extradite Amanda Knox if the Italian government requests it? [View all]pnwmom
(110,257 posts)trials. So I think the treaty, at least with respect to double jeopardy cases like this one, should be null and void.
Dershowitz is, as usual, a blowhard, opining on the case without a minimal awareness of the facts. The new legislation had created a fast track trial that allowed Guede, the third, unrelated defendant, to essentially make a no-contest plea. In order to do that and get his sentenced reduced, he agreed to a set of prosecution stipulations that falsely put Amanda and Raffaele at the scene and made them the killers. When his verdict was confirmed, his stipulations gained the weight of Judicial Truth.
What makes this situation entirely different than a US no-contest plea was that those stipulations and Guede's statement were entered into the evidence against Amanda and Raffaele. And they were not allowed to have their attorneys question him (though being able to confront your accusers is a fundamental principle of justice.) Then, after the two students were found not guilty the prosecution appealed. The high court ruled that the Hellman court had erred in not being guided by the Judicial Truths Guede had stipulated to.
When the US signed the treaty, it could never have guessed that Italy would pass legislation that would subsequently be interpreted in a way that would let unchallenged testimony be entered into a trial, without any opportunity to dispute it. That treaty should be null and void.