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Thread: Amanda Knox found guilty of murder again by Italian Court

  1. #321
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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by Amandi View Post
    I am by far no expert but it appears that actually our treaty with Itally specifically states that we wont extradite if the person is danger of facing double jeapardy:

    Article 6:
    http://www.mcnabbassociates.com/Ital...d%20States.pdf
    Good link!
    Article 6 provides that extradition shall be denied when the person sought has been in
    jeopardy in the requested State for the same offense.
    I think that seals this up pretty good.
    Our extradition treaty with Italy has a double Jeopardy clause.

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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by PeteEU View Post
    You do realize you agreed with me and said it was not true? You state that Canada has no death penalty will not extradite in capital cases as is their right as sovereign country... yea and it is not a capital case because the US agrees not to go down that road?
    No, I said it's not true that no country will extradite to us for death penalty cases. But that is besides the point. Extradition treaties do tend to have common exceptions from extradition, of which death penalty crimes are included. So of course Canada can deny extradition to the US for cases involving the death penalty. This has nothing to do with our current case other than to note the standard list of exceptions is not limited to the death penalty.
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    Re: Amanda Knox found guilty of murder again by Italian Court

    There was plenty of DNA evidence in that house linking Knox to the knife and scene and none of it was ever judged to have been cross contaminated by the Italian Courts. It was also shown by forensic experts that there were numerous people involved in the murder rather than just one individual.

    It's not right to say there is

    The Murder of Meredith Kercher

    The Evidence - The Murder of Meredith Kercher

    Knox initially confessed that she was in the house on the night of the murder and that she heard Miss Kercher scream, identifying a Congolese bar owner, Patrick Lumumba, as the assailant. She told the court during the trial that the confession was made under duress but then repeated the entire account in a five page memorandum the next morning. She later claimed Italian Authorities beat her, something which was strongly denied by everyone involved in the inquiry.

    Lumumba was promptly arrested and spent two weeks in jail and Knox seemed quite happy for him to remain jail . It was only by chance that a Swiss businessman read about the case and came forward to say he had been talking to Lumumba in his bar on the night of the murder — offering him a rock-solid alibi. Lumumba has also always claimed Knox was the one behind the murder that night.

    Knox then changed her story saying she was far away from the scene with her boyfriend at his place that night and that they watch the film Amelie on his lap top.

    Sollecito could not back up Knox’s alibi on the night of the murder. Whilst she claimed she spent the evening with him, smoking marijuana, watching the French film Amelie and making love. Sollecito told police he could not remember if Knox was with him that evening or not.

    Even assuming his memory was hazy because of the drugs, it seemed odd that a young man who had just embarked on a new relationship could not recall whether he had spent the night with his girlfriend or not.

    Sollecito claimed he used his computer to download and watch cartoons and Amelie. But computer experts told the court that there was no activity on his laptop between 9.10pm on Nov 1, and 5.32am the next morning — the time frame in which the murder took place.

    Knox and Sollecito turned off their mobile phones on the night of the murder, from around 8.40pm, and turned them back on at around 6am, inviting further suspicion.

    A bedroom belonging to one of Miss Kercher’s Italian flatmates was ransacked on the night of the murder, with a window smashed with a rock. But police said the break-in was staged - broken glass from the window was found on top of clothes scattered on the floor, suggesting the window was broken after the contents of the room were messed up. Prosecutors accused Knox and her boyfriend of staging the break-in to make the killing look like a burglary that had turned into rape and murder.

    Knox claimed that she slept in late the next morning but this was contradicted by a local shop keeper who clearly saw her very early next morning following Meredith's murder, when she came in to his shop allegedly to buy cleaning products such as bleach.

    Why Amanda Knox's story just doesn't wash - BelfastTelegraph.co.uk

    Evidence against Amanda Knox makes conviction seem likely

    Shopkeeper Says He Saw Knox After Murder - ABC News

    Then there is the The 3am call to her mother which she denied making, her table lamp locked in the murder room, the different accounts of the locked door, the witness who saw her and her boyfriend overlooking the cottage on the murder night and numerous other such evidence such as the fact Amanda Knox made two statements to Meredith's friends that the police found suspicious because they contained details that Amanda Knox should not have known. Indeed Meredith's roommate Natalie Hayward and other friends of Meredith's in Perugia at the time such as Amy Frost and Robyn Carmel Butterworth have always claimed they believe Knox to be the murderer.

    Amanda Knox Knew Details of the Crime She Shouldn't Have Known - The Murder of Meredith Kercher

    Local News | Roommate testifies in Amanda Knox murder trial | Seattle Times Newspaper

    Why I believe Knox killed my friend

    Fellow student

    Whilst Rudy Guede was sentenced to 30 years in prison for his part in the murder, but has had his sentence cut to 16 years and who is eligible for parole later this year has always maintained that it was Knox who was in fact the murderer, and it will be interesting to hear his views once he is released and has nothing to lose.

    There are people in US Prisons serving life for murder on far less evidence than Knox and Knox has proved her self to be nothing more than a blatant liar in the past, even accusing a man she knew to be innocent. So cold is Knox, that I honestly think she would have quite happily have seen Patrick Lumumba serve a life sentence for something she knew he hadn't done, and her behaviour throughout the case has been extremely questionable.

    I am also not the only one to believe there is significant evidence, Professor Alan Dershowitz of Harvard University School of Law also thinks there is significant evidence, as does fellow US Law Professor Julian Ku, and both agree that Knox should be extradited.



    There is also a new motive for the crime been uncovered which further implicates Amanda Knox, with the Italian Courts to due to release this information shortly.

    'Evidence of a motive' for the crime behind Amanda Knox verdict - Europe - World - The Independent

    Finally the people I feel sorry for in all of this are the forgotten victims, Meredith and her family who have lost a much loved daughter and sister, and who have sat through the trial and having listened to the evidence fully support Knox's extradition.

    Amanda Knox Weeps And Vows To 'Fight Till End'


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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by longview View Post
    Good link!

    I think that seals this up pretty good.
    Our extradition treaty with Italy has a double Jeopardy clause.
    It's dubious as to whether the US can use 'Double Jeopardy'. Furthermore the whole Italian system is based around three courts or grades.

    Quote Originally Posted by The Telegraph

    Some lawyers and supporters of Ms Knox have argued that having been acquitted in 2011, she would be protected under the US Constitution from “double jeopardy” – being tried twice for the same charge.

    Yet the US-Italy extradition treaty only protects Americans from extradition to face prosecution again in Italy for an offence that has already been dealt with by the US legal system. “This is not applicable in this situation,” said Professor Julian Ku, who teaches transnational law at Hofstra University.

    For extradition candidates like Ms Knox who have already been convicted, the treaty states that Italy must merely produce “a brief statement of the facts of the case,” as well as the text of the laws governing the crime committed, the punishment it would receive, and its statute of limitations.

    Her conviction would “easily satisfy the conditions of the treaty,” said Prof Ku. “So it would be hard for the US to explain why she should not be handed over”.

    What next for Amanda Knox? - Telegraph

  5. #325
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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by Chatter View Post
    It's dubious as to whether the US can use 'Double Jeopardy'. Furthermore the whole Italian system is based around three courts or grades.
    I am not sure what is dubious in the treaty,
    Article 6 provides that extradition shall be denied when the person sought has been in
    jeopardy in the requested State for the same offense.
    A lower Italian court found her Not Guilty, In the US, It's over,
    She can NEVER be placed in Jeopardy for that offense again.
    Why would the US violate it's own Constitution, and place her in Jeopardy
    a second time for the same offense?

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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by Andalublue View Post
    Don't exaggerate. I'm not saying it's a complimentary nickname, but it's hardly a calumny. Are you forgetting that she's a convicted murderer? What does that say about her character?
    what it says is that Italian courts-at least the ones involved in this incident-are incompetent



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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by longview View Post
    I am not sure what is dubious in the treaty,

    A lower Italian court found her Not Guilty, In the US, It's over,
    She can NEVER be placed in Jeopardy for that offense again.
    Why would the US violate it's own Constitution, and place her in Jeopardy
    a second time for the same offense?
    er because Eurosocialists that despise America want to use this girl as a surrogate and scapegoat upon which to vent their hatred of American Primacy?



  8. #328
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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by Chatter View Post
    It's dubious as to whether the US can use 'Double Jeopardy'. Furthermore the whole Italian system is based around three courts or grades.
    It's not dubious, it can clearly be evoked if desired.
    You know the time is right to take control, we gotta take offense against the status quo

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    "I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it."

  9. #329
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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by Ikari View Post
    It's not dubious, it can clearly be evoked if desired.
    It is if you read the quote from US Professor Julian Ku, who teaches transnational law at Hofstra University in New York and this is backed up by Professor Alan Dershowitz of Harvard University School of Law who shares Professor Julian Ku's view.

    "For extradition candidates like Ms Knox who have already been convicted, the treaty states that Italy must merely produce “a brief statement of the facts of the case,” as well as the text of the laws governing the crime committed, the punishment it would receive, and its statute of limitations".

    It's not for the US to judge this case, it's for the Italians and all any US Judge will look at is the basis of extradition and prima facie evidence. The US Authorities are not going to start criticising the Italian Courts or Judiciary, and in terms of the evidence beyond the initial prima facie evidence that is for the Italian Judicial System to decide.

    Prima facie evidence need not be conclusive or irrefutable: At this stage, evidence rebutting the case is not considered, only whether any party's case has enough merit to take it to a full trial. It also should be noted that one of the problems with the 2003 US/UK Extradition Treaty, is that Prima Facie evidence had to be presented before the US Courts for extradition to the UK but the US could extradite at will without even presenting Prima Facie evidence before a British Court.
    Last edited by Chatter; 02-06-14 at 11:31 AM.

  10. #330
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    Re: Amanda Knox found guilty of murder again by Italian Court

    Quote Originally Posted by TurtleDude View Post
    what it says is that Italian courts-at least the ones involved in this incident-are incompetent
    If that's the way Americans feel then why did they sign an extradition treaty with Italy in the first place, and shouldn't this treaty now be scrapped.

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