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In reply to the discussion: US will likely extradite Knox if Italy asks [View all]Swede Atlanta
(3,596 posts)the crime of which a defendant is accused must be a crime in both countries in order for extradition to be considered.
Here the crime is murder and is a crime in both countries.
But the fact that in the U.S. system once you have been acquitted you cannot be re-tried for the same crime (as you point out no Double Jeopardy) might be a valid reason to decline to extradite.
While people around the world laugh at our legal system and consider us to be sue happy and to some extent I agree with that, the history of this case is like something out of Alice in Wonderland.
Original trial court finds her guilty. On appeal an appeals court overturns her conviction. While rare that an appeals court here would overturn a conviction (normally they will remand back to a trial court to resolve outstanding issues of fact that are material to a determination of guilt or innocence) if they did then the person cannot be retried.
The Italian high court then ordered a re-trial. And now this will go back up on appeal?
Talk about an inefficient judicial system.