View Poll Results: Should Amanda Knox Be Extradited to Prison in Italy?

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  • Yes, in accordance with the US-Italy extradition treaty.

    27 27.55%
  • Yes, she should be imprisoned somewhere, but maybe in the US.

    2 2.04%
  • No, Americans shouldn't be extradited to foreign nations even if they're guilty.

    12 12.24%
  • No, she isn't guilty.

    57 58.16%
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Thread: Should Amanda Knox Be Extradited to Prison in Italy?

  1. #361
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post

    This is pretty close.

    ARTICLE VI

    Non Bis in Idem

    Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party for the same acts for which extradition is requested.
    When found not guilty in Italy, she was effectively found not guilty in the US.

  2. #362
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Arcana XV View Post
    Yeah, to this very day, 6 years and 2 official documents, dozens of books, hundreds of articles later, I still read posts on this forum regurgitating so much old, faulty information on the case it makes me wonder what kind of research these people actually did. One of two things that is absolutely certain in this case is that Rudy Guede was there that night. His DNA and prints are everywhere, including on and inside Meredith's body. That is the ONLY actual, irrefutable fact. Everything else is speculation, circumstantial evidence, relentless character assassination, highly questionable interrogation procedures and very dodgy forensics.

    I'm the first to condemn Amanda for implicating Lumumba. I understand she was confused, exhausted (people should remember she was questioned at all hours of the day and night for a total of close to 50 hours in the span of 4-5 days) and struggling to communicate in a language she was not fluent in, but there is no excuse for accusing an inncocent person. That is the only other irrefutable fact in this case and the only thing that she can be reasonably be punished for.
    Yep. She served that time plus one year. Unfortunately, Solletico seems to have served that time for little reason.

  3. #363
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by ecofarm View Post
    This is pretty close.

    When found not guilty in Italy, she was effectively found not guilty in the US.
    Close, but no cigar. As she wasn't finally and irrevocably acquitted, the point is moot. The acquittal verdict of the appeal court always required confirmation by the Court of Cassation. All verdicts (guilty or not guilty) of the appeal court can in turn be appealed by the prosecution or the defence, hence a verdict isn't a verdict until confirmed by the Court of Cassation. If the CoCassation issues an acquittal, double jeopardy does apply and the defendant cannot be prosecuted again for the same offence.

    She was never found not guilty in Italy, so she was never found not guilty in the US.
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  4. #364
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post
    Close, but no cigar. As she wasn't finally and irrevocably acquitted, the point is moot. The acquittal verdict of the appeal court always required confirmation by the Court of Cassation. All verdicts (guilty or not guilty) of the appeal court can in turn be appealed by the prosecution or the defence, hence a verdict isn't a verdict until confirmed by the Court of Cassation. If the CoCassation issues an acquittal, double jeopardy does apply and the defendant cannot be prosecuted again for the same offence.

    She was never found not guilty in Italy, so she was never found not guilty in the US.
    It's not clarified in the treaty as "totally acquitted".

    The wording used by the Perugia Court of Appeals:

    DECLARES

    Amanda Marie Knox guilty of the crime under Charge F, without the aggravating circumstance of C.P. Article 61 no. 2, and with mitigating circumstances equivalent to the aggravating circumstance under C.P. Article 368; and sentences her to three years of confinement; confirming, with regard to this charge only, the civil sanctions of the ruling under appeal, sentencing Amanda Marie Knox to the payment of court costs and attorney’s fees incurred at the present level [of appeal] by Patrick Diya Lumumba, in the total amount of 22,170 euros for rights and fees in addition to the reimbursement of general expenses and accessories of law;

    ACQUITS

    both of the defendants of the crimes attributed to them under Charges A,B,C, and D for not having committed the act, and of the crime under Charge E because the act did not take place; rejecting the request made against them by civil party Aldalia Tattanelli;
    I don't think it's as clear cut as either of you think.

  5. #365
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Ben K. View Post
    It's not clarified in the treaty as "totally acquitted".

    The wording used by the Perugia Court of Appeals:



    I don't think it's as clear cut as either of you think.
    Clearly nothing in this case is clear cut, but it's not difficult to understand how the judicial process is working through the various courts of appeal. The big fallacy around this case is the idea that they were ever acquitted. Their appeal was granted subject to confirmation at the Court of Cassation. That's not a verdict, but an interim finding of an appeal court.
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  6. #366
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post
    Clearly nothing in this case is clear cut, but it's not difficult to understand how the judicial process is working through the various courts of appeal. The big fallacy around this case is the idea that they were ever acquitted. Their appeal was granted subject to confirmation at the Court of Cassation. That's not a verdict, but an interim finding of an appeal court.
    That court acquitted them. That leaves plenty of wiggle room in interpretation.

  7. #367
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Ben K. View Post
    That court acquitted them. That leaves plenty of wiggle room in interpretation.
    That court didn't have the authority to acquit them, just to find in favour of their appeal which was a decision that would always be finally confirmed or set aside by the Court of Cassation. Did anyone ever suggest that the finding of the appeal court would be the final word on the matter? I don't believe so.
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  8. #368
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Ben K. View Post
    Yep. She served that time plus one year. Unfortunately, Solletico seems to have served that time for little reason.
    Pretty much. From what I've been able to gather, the traces found in the apartment that "implicate" him were:

    1. The minute trace of his DNA on Meredith's torn bra clasp, which was initially found by the medical examiner when he lifted Meredith's body up, subsequently kicked around the room by who knows how many people and finally "found" again, a few feet from its original location, collected and passed around by forensic "experts" wearing dirty gloves and admitted into evidence 46 days after the murder. The DNA sample was too small to be retested and was deemed unreliable by the experts on appeal.

    2. A faint foot print in blood on the bathroom mat that was attributed to him in the trial but again thrown out on appeal as unreliable.

    3. His DNA found on a cigarette in an ashtray in the apartment, which could have been left there the previous day when he spent time there with Amanda.

    4. A fingerprint on the inside of the fridge door, which again could have been left there any other time he was in the apartment with his GF.

    Everything else they think they have on him is again speculation, weak circumstantial evidence or inadmissible evidence such as his two laptops whose hard drives were completely destroyed by whatever incompetent idiot worked on them to retrieve data.

    Isn't it convenient how many "crucial" pieces of evidence in this case were either too small for retesting (DNA on bra clasp and kitchen knife), destroyed by police investigators (hard drives), left lying around for weeks (bra clasp) or simply missing (tapes of Amanda's interrogation on the night she implicated Lumumba)? Either the entire Perugia police department is filled with a bunch of incompetents or something stinks to high heaven here...
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  9. #369
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post
    That court didn't have the authority to acquit them, just to find in favour of their appeal which was a decision that would always be finally confirmed or set aside by the Court of Cassation. Did anyone ever suggest that the finding of the appeal court would be the final word on the matter? I don't believe so.
    Nope, but the treaty says what the treaty says. The courts statement clearly states that they acquit her.

    If it comes to it, I imagine that will be the point of contention and it will be so for a long time cos law men love to get paid over semantics.

  10. #370
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Ben K. View Post
    If it comes to it, I imagine that will be the point of contention and it will be so for a long time cos law men love to get paid over semantics.
    True that. This has still got some way to run. I have to say I feel a lot more sympathy for Sollecito than for Knox at this stage of the proceedings.
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