Yes, in accordance with the US-Italy extradition treaty.
Yes, she should be imprisoned somewhere, but maybe in the US.
No, Americans shouldn't be extradited to foreign nations even if they're guilty.
No, she isn't guilty.
In 1998 a US Marine pilot was allowed to be sent back to the United States after hotdogging through the mountains of Italy, in the process slicing through a cable car line that sent 20 people falling to their deaths. Once back in the United States, he was acquitted, though it was showed he lied and obstructed justice in the process. The Italians have still not forgotten that one.
The United States will send her back if the Italians ask because there is nothing to show that they have acted unfairly. Furthermore, the United States realizes that this is close to the last straw for most nations overseas. The United States asks for more extraditions from other countries than any other in the world, and yet is being more and more perceived as not honoring the very treaties and obligations that it initiates.
We would not have initiated this treaty if we had any questions of the Italian legal system. The US State Department puts out warnings otherwise to US citizens on what to be aware of in each nation. You flaunt them at your own detriment.
The court judges in Italy are educated professionals. We were not there to see the mountains of evidence that they saw. The pages of conclusion from 357-397 of the court transcript give very sound reason for why they found Amanda Knox guilty. It is available online in English. We send thousands to prison in the States each year for much less.
The only reason I have been able to see for the fascination with Knox is Jingoism, or a nation's belief that it's citizens can never do any wrong compared to others, or Hybristophilia, the fascination and excitement that comes from associating oneself with murderer's (e.g., Ted Bundy, Jeffery Dahmer, Richard Ramirez, et al.) In time, this will all pass, and she will be forgotten, and quietly sent back without very many even noticing.
The question for Amanda should be, go now and get out sooner on good behavior, or wait and make the Italians work at it, only to forgotten in prison.
I suspect the Italians allowed Amanda Knox to be released pending determination of her case knowing that our government will be just as faithful in meeting its treaty obligations.
Of you think America will send her back you haven't been paying attention. They won't give two ****s about Italy being "faithful" in the past.
Pardon for bumping a thread that seems oldish but after browsing the site a bit to see if there are repercussions of today's news that the Italian court released a 300-page document explaining the proofs and motives they believe that are justification for their guilty verdict, I was unable to find another thread. Maybe I'm looking at the wrong place. It should be the Europe forum, though, since the crime happened in Italy.
Anyway, what do you guys think of this new disclosure?
Me, I read extensive parts of one of the 600-page court older transcripts and got fairly convinced that the woman is guilty.
I haven't looked into this new release.
I'm a bit disappointed to see in this thread so many people evoking double jeopardy. It really doesn't apply to this case, and I'm sorry to say it, but people who think it does are just plain wrong.
Double Jeopardy is like this: you are found innocent in a court of law. Then someone tries to try you again for the same crime with no new proof. It can't be done in the United States.
Now, Amanda Knox's situation is no such sequence.
She was first found *guilty*, not innocent. Then the verdict was overturned on appeal and a re-trial was ordered. Then the retrial found her guilty. This is the appeal process following its course. It's NOT the same situation of the American concept of Double Jeopardy (for which the sequence starts with *not guilty*, not with *guilty* as in Amanda's case).
Then, there is also a lot of misinterpretation about the extradition treaty between the US and Italy, and the impact of Double Jeopardy on it.
Again, people misunderstood the law.
The United States won't extradite a US Citizen to a foreign country to be tried for a crime for which the individual has been tried in the United States and found *not guilty* for the sake of Double Jeopardy - neither situation applies to Amanda. She was never tried *in the United States* (the requested country) but rather in Italy (the requesting country) and she was never found *not guilty* in the United States.
America has no legal grounds according to signed treaties and international law, to deny an extradition request by Italy.
Now, that's the legal part - it doesn't mean there is the political will to do so.
And then, it doesn't mean, first, that her guilty verdict will stand in Italy's high court. And if it does, it doesn't mean either that Italy will request the extradition. They may as well not want to engage in a protracted legal battle with an ally.
So, none of the above means with certainty that Amanda will serve her sentence (in case it is upheld by the high court).
So, guilty or not is debatable. I personally believe she is, after reading a lot of the evidence, which is often different from the PR campaign we see in America. However I can't be sure that she is. I think the evidence is compelling but not 100% unequivocal. So, I wouldn't be pretending to know what happened that day, and would respect those who think she is not guilty.
Now, what I do believe for a fact, is that Double Jeopardy doesn't apply to this case, and the United States has no right, under treaty obligations, to deny a request, if one is made. Again, that's a big if, and whether or not the political and emotional aspects of this case will take over the letter of the law, it remains to be seen.
But I just wanted to clarify, if it hasn't been made clear before,* that Double Jeopardy doesn't apply, neither to her case in Italy, nor to the extradition treaty.
*Edit: well, apparently it *has* been made clear before (I browsed back and indeed some well-informed posters have made the point about the requesting and the requested country to show that there is no application of double jeopardy in this treaty, regarding Amanda).
Anyway, my post is then a bit redundant, but still, given that new material was released today by the Italians, has anybody changed minds because of the fresh release? This in itself would be enough reason to bump this thread.
Last edited by GreatNews2night; 04-29-14 at 06:47 PM.