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PostPosted: Mon Feb 10, 2014 8:00 pm 
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NSJ wrote:
badrogue17 wrote:
Ok so she was found guilty on the retrial today, Does the US ship her ass back to Italy even though its double jeopardy ( according to our laws) [/i]


No - it's not double jeopardy "according to our laws".


Of course it is. The court found her not guilty.

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PostPosted: Mon Feb 10, 2014 8:45 pm 
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You don't know what you're talking about.


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PostPosted: Mon Feb 10, 2014 8:47 pm 
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more like...nobody!


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PostPosted: Tue Feb 11, 2014 11:08 am 
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Because Knox was originally convicted and then acquitted on appeal she might not qualify for double jeopardy. Sounds like it would be argued in court.


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PostPosted: Tue Feb 11, 2014 11:12 am 
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Everything I've read on the subject so far (admittedly, not much) would categorize this as a double jeopardy situation. If NSJ thinks differently, I wouldn't mind knowing why.

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PostPosted: Tue Feb 11, 2014 11:26 am 
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immessedup17 wrote:
Everything I've read on the subject so far (admittedly, not much) would categorize this as a double jeopardy situation. If NSJ thinks differently, I wouldn't mind knowing why.


Because he doesn't know what the fuck he's talking about.

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PostPosted: Tue Feb 11, 2014 12:04 pm 
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Quotes from Alan Dershowitiz in the WSJ:

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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.


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PostPosted: Tue Feb 11, 2014 12:34 pm 
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NSJ wrote:
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.

Except that The U.S. has the most strict laws in relation to "double jeopardy." Most countries have similar laws, however they are saddled with many exceptions. Italian laws on the subject aren't the only ones that matter here.

And your quote even ends in summary stating that the US State Department, even with everything stated above, would most likely prevent extradition based on double jeopardy laws.

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PostPosted: Tue Feb 11, 2014 12:40 pm 
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immessedup17 wrote:
NSJ wrote:
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.

Except that The U.S. has the most strict laws in relation to "double jeopardy." Most countries have similar laws, however they are saddled with many exceptions. Italian laws on the subject aren't the only ones that matter here.

And your quote even ends in summary stating that the US State Department, even with everything stated above, would most likely prevent extradition based on double jeopardy laws.

I was scratching my head at that as well. I guess my original post was just way out of bounds on the subject though. :roll:

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PostPosted: Tue Feb 11, 2014 12:41 pm 
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Didn't she already serve like 4 years of a 10 year sentence?


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PostPosted: Tue Feb 11, 2014 12:52 pm 
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badrogue17 wrote:
immessedup17 wrote:
NSJ wrote:
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.

Except that The U.S. has the most strict laws in relation to "double jeopardy." Most countries have similar laws, however they are saddled with many exceptions. Italian laws on the subject aren't the only ones that matter here.

And your quote even ends in summary stating that the US State Department, even with everything stated above, would most likely prevent extradition based on double jeopardy laws.

I was scratching my head at that as well. I guess my original post was just way out of bounds on the subject though. :roll:


I didn't really understand the arch tone of NSJ's post disagreeing with you. You pretty clearly typed "our", which I assumed to mean "that of the U.S.", although I suppose you could have been referring to some personal legal system that you impose upon your wife and child within the confines of your home that NSJ had knowledge of and I did not. '

Anyway, no one is arguing that the laws of Italy are illegitimate. And under their justice system, there isn't a double jeopardy issue as there would be in the U.S. after an acquittal. But Amanda Knox would not be guilty after being once acquitted in the United States. So is she in violation of the laws of both countries? There certainly is some gray area if the U.S. wants to use it to refuse extradition. So this becomes a diplomatic issue as much as it is a legal one. The U.S. demands more extraditions than anyone. There may well be principle here that is larger than Amanda Knox.

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PostPosted: Tue Feb 11, 2014 1:52 pm 
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Big Chicagoan wrote:
Didn't she already serve like 4 years of a 10 year sentence?


4 of 28

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PostPosted: Tue Feb 11, 2014 1:55 pm 
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Jaw Breaker wrote:
Big Chicagoan wrote:
Didn't she already serve like 4 years of a 10 year sentence?


4 of 28


Actually, wasn't it 4 of 26? I believe that's another issue. When they convicted her the second time they slapped a couple more years on the sentence. That's a violation of the Fifth Amendment. Obviously, Italy doesn't acknowledge our Fifth Amendment, but that's another reason to refuse extradition.

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