Should the United States extradite Amanda Knox if the Italian government requests it?

[Xithras]

65. Actually, it's Italy, and not the U.S., who is attempting to circumvent the treaty.

The actual English text of the extradition treaty can be read here: https://internationalextraditionblog.files.wordpress.com/2011/03/italy.pdf

Of particular interest to this case is the double jeopardy clause on Page 6, section VI. The clause states that neither nation is required to extradite a person who has already been acquitted of a crime.

While Italy claims that she was not acquitted because her acquittal was reversed, and while their claim may actually be legally true IN ITALY, the treaty doesn't actually give the Italian's the ability to make that decision in regards to convicted criminals residing in the United States. The treaty says that, once acquitted, the United States is not bound to extradite. Even if an acquittal is reversed, it doesn't change the fact that an acquittal was issued, which meets the technical requirements of the treaty exemption. America's requirement to extradite ENDS the moment a court acquits them of the crime. Anything a nation does AFTER that is irrelevant.

Setting any precedent to the contrary would be very dangerous for the United States. We have double jeopardy clauses in our treaties to prevent other nations from trying Americans over and over again until they can secure a conviction. If other nations merely need to vacate a non-conviction to do an end-run on those clauses, then double-jeopardy statements in treaties are essentially useless.

If Italy wanted the right to reverse an acquittal and have it stick, they should have required that Section VI give them that power. They didn't do so, and the wording of that section is clear. The court issued an acquittal in 2011. Kerry simply needs to point that out, and invite Italy to revisit the treaty if they think it's unfair. The Italians, just like the Americans, are bound to follow the terms of the treaties they signed.