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. #61
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by radcen View Post
    ...wanted for murder... in a second trial... which goes against our concept of double-jeopardy.

    While I don't have examples to cite off the top of my head... nor am I inclined to go look... I'd bet that there have been many instances in history where we have refused to extradite regardless what the other country did or said. Hence, her now being wanted for murder in Italy is not automatically of primary relevance.
    She was found guilty in the first trial, and the case is technically still on going. I would also be very careful of being critical of the Italian Judicial System, as I am afraid in terms of extradition what goes around comes around, and in terms of Italy or the UK, I can not find any case where a convicted murderer wanted by the US hasn't been returned.

    If the US wants to scrap extradition agreements then that is fine, I have no problem with that, but we can not be party to an unequal extradition agreement.

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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Chatter View Post
    She was found guilty in the first trial, and the case is technically still on going. I would also be very careful of being critical of the Italian Judicial System, as I am afraid in terms of extradition what goes around comes around, and in terms of Italy or the UK, I can not find any case where a convicted murderer wanted by the US hasn't been returned.

    If the US wants to scrap extradition agreements then that is fine, I have no problem with that, but we can not be party to an unequal extradition agreement.
    The first conviction was overturned, or dismissed, or whatever they call it there. Here, because of the way it fell out, the second trial would equal double-jeopardy.

    Yes, countries have extradition treaties that are supposed to be honored, and usually are honored, but it is fact that there are little exceptions made at random times. Countries refusing to extradite to us over the possible implementation of the death penalty is a prime and relevant example. These exceptions have been made without any lasting disruption of the overall friendship between countries. Any fallout, if any at all, will be minor and will go away quickly. Only to be brought up by people like you and me in forums like this when debating the next case.
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    The UK has sent numerous terrorists and wanted criminals back to the US in recent years, and we have even famously extradited people such as James Earl Ray in the past, despite the US refusing extraditions in relation to terrorists wanted by the UK.

    The only country that the US has problems extraditing people from in Western Europe is France, as French Nationals have far greater protection from extradition to countries such as the US, something other countries such as Italy could impliment themselves if they so wanted.

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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by radcen View Post
    The first conviction was overturned, or dismissed, or whatever they call it there. Here, because of the way it fell out, the second trial would equal double-jeopardy.

    Yes, countries have extradition treaties that are supposed to be honored, and usually are honored, but it is fact that there are little exceptions made at random times. Countries refusing to extradite to us over the possible implementation of the death penalty is a prime and relevant example. These exceptions have been made without any lasting disruption of the overall friendship between countries. Any fallout, if any at all, will be minor and will go away quickly. Only to be brought up by people like you and me in forums like this when debating the next case.
    In US justice double jeopardy only applies after a final judgement has been handed down, and it this case that hasn't happened yet. The Italian Supreme Court has to ratify the judgement of the lower court.
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    ^^

    As the above poster points out there any move to use double jeopardy will be controversial, given that a final judgement has not yet been passed by the Italian Courts.


    Quote Originally Posted by The Wall Street Journal

    Now Italy's highest court has 90 days to explain its decision to reverse that acquittal. Whatever its reasoning, Italian law calls for the case to be reheard by a new appeals court, which can either affirm the conviction or order an acquittal. If the conviction is ultimately affirmed, the Italian government can petition the U.S. to extradite Ms. Knox to Italy to complete serving the 26-year prison term to which she was sentenced in 2009.

    Ms. Knox would likely challenge any extradition request on the ground that she was already acquitted by the lower appellate court, so any subsequent conviction would constitute double jeopardy.

    That is when the real legal complexities would kick in, because Italian and American law are quite different and both will be applicable in this transnational case involving a citizen of one country charged with killing a citizen of another country in yet a third country.

    America's extradition treaty with Italy prohibits the U.S. from extraditing someone who has been "acquitted," which under American law generally means acquitted by a jury at trial. But Ms. Knox was acquitted by an appeals court after having been found guilty at trial. So would her circumstance constitute double jeopardy under American law?

    That is uncertain because appellate courts in the U.S. don't retry cases and render acquittals (they judge whether lower courts made mistakes of law, not fact). Ms. Knox's own Italian lawyer has acknowledged that her appellate "acquittal" wouldn't constitute double jeopardy under Italian law since it wasn't a final judgment—it was subject to further appeal, which has now resulted in a reversal of the acquittal. This argument will probably carry considerable weight with U.S. authorities, likely yielding the conclusion that her extradition wouldn't violate the treaty. Still, a sympathetic U.S. State Department or judge might find that her appellate acquittal was final enough to preclude extradition on double-jeopardy grounds.

    Alan Dershowitz: Amanda Knox
    Quote Originally Posted by The Washington Times

    “The U.S. could take the position that subjecting Ms. Knox to re-prosecution in Italy could violate her constitutional rights as a U.S. citizen,” Mr. Zagaris said.

    “In circumstances where a requested person has been previously acquitted for the same act or offense in the requesting country, it has been held that there is no constitutional or statutory bar to the U.S. granting extradition. … It is an issue U.S. extradition treaties normally do not cover. Ordinarily, the secretary of state in his or her discretionary authority must deal with this issue.”

    Mr. Kerry’s potential conundrum shines a light on the emerging era of “transnational law,” which pits the domestic laws of one country against the citizens of another. In this case, three countries are affected — the U.S., Britain and Italy.

    Transnational law differs from international law, which applies equally to members of the United Nations and is enforced by impartial, international bodies such as the International Criminal Court and the International Court of Justice.

    Denying an Italian request to extradite Ms. Knox for the murder of a British national could have diplomatic consequences with Italy and Britain.

    “Extradition is a mutuality-reciprocal relationship, and Italy would not feel good about accusations concerning its criminal justice system,” Mr. Zagaris said.

    If the U.S. denies an Italian extradition request but later needs to extradite a fugitive from Italy, authorities there could “return the favor” by denying the U.S. request, possibly turning Italy into a haven for organized crime syndicates there.

    In a 2013 Wall Street Journal article, Harvard law professor Alan Dershowitz opined: “As national borders become more porous … the trend toward the transnational application of laws will become more pronounced. … By becoming an exchange student in Italy, Ms. Knox subjected herself to Italian law. By coming back to America, she received the protection of the American extradition process. As for how this will turn out, she is in uncharted territory.

    Italian court convicts Amanda Knox of murder for second time - Washington Times
    Last edited by Chatter; 02-01-14 at 01:04 PM.

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    Re: Should Amanda Knox Be Extradited to Prison in Italy?


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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post
    Quite, but you cannot pick and choose when to apply the treaty and when not. It's a bit of an always or never situation.
    Yes, I do not know how to justify it but I think extradition is especially for people who are about to stand trial.
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Peter King View Post
    Yes, I do not know how to justify it but I think extradition is especially for people who are about to stand trial.
    No, it applies equally to people accused of, or convicted of a crime.

    I don't think anyone needs to justify their stance on this matter other than those making the decisions.

    If I were involved in Knox's defence I'd be arguing strongly the way some people here have been arguing - double jeopardy, not evidence, anti-Americanism etc etc to ensure that the whole issue became a huge political bun-fight. If I were associated with the Kerchers, I'd be trying to muster all the influence I could to apply pressure on the US authorities to fulfil their treaty commitments. If I were associated in any way with the Italian judicial system I'd be sitting in a darkened room somewhere gibbering incoherently.
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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Andalublue View Post
    No, it applies equally to people accused of, or convicted of a crime.

    I don't think anyone needs to justify their stance on this matter other than those making the decisions.

    If I were involved in Knox's defence I'd be arguing strongly the way some people here have been arguing - double jeopardy, not evidence, anti-Americanism etc etc to ensure that the whole issue became a huge political bun-fight. If I were associated with the Kerchers, I'd be trying to muster all the influence I could to apply pressure on the US authorities to fulfil their treaty commitments. If I were associated in any way with the Italian judicial system I'd be sitting in a darkened room somewhere gibbering incoherently.
    The problem with that is that the appeals process is one and the same trial and does not constitute double jeopardy.
    Former military man (and now babysitter of Donald Trump) John Kelly, is a big loud lying empty barrel!

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    Re: Should Amanda Knox Be Extradited to Prison in Italy?

    Quote Originally Posted by Peter King View Post
    The problem with that is that the appeals process is one and the same trial and does not constitute double jeopardy.
    I know. I'm not saying I think it's legally sound, I'd just be looking for a strategy that combines a narrative that would win public support, and one that would create the right political climate that would make a court think twice about extradition.
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