One very interesting difference bewteen the two systems is her rights on appeal: In our system, only the application of the law can be challenged on appeal. The facts as presented in the original trial may not be challenged or re-argued. Under the Italian appeals system, however, both the adjudication of the facts and the application of the law in the original trial may be challenged and re-argued, giving her a much better opportunity to have the conviction reversed on appeal.
Errors in procedural law do not pertain to questions of fact....can't you can 're-argue' the 'facts' in a case by challenging the constitutionality of evidence? I know a lot of appeals can be turned over due to errors in procedural law and that includes the gathering and handling of evidence.
A question of law would be: Was the murder weapon obtained legally?
A question of fact would be: Is it really the murder weapon?
The adjudication of facts, in the American system, cannot be challenged on appeal; a jury has the final say on issues of fact.
Last edited by Kandahar; 12-15-09 at 05:24 PM.
Are you coming to bed?
I can't. This is important.
Someone is WRONG on the internet! -XKCD
Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.
Alexis de Tocqueville
Interestingly, yesterday, when I was re-reading the article that Arcana posted, I got into an argument with a co-worker on our way home from work because he said, "There's too much evidence against her for her to be innocent." I was playing Ethereal and Kandahar on my way home. That shows how far I have come.