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Thread: Amanda Knox found guilty of murder in Italy

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    Roman529's Avatar
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    Amanda Knox found guilty of murder in Italy

    I guess the Italian judicial system doesn't have a Double Jeopardy clause? What a joke. They want to sentence her to 28 years. She better stay in Italy and not make any travel plans for Europe. You know the Frenchies would deport her to Italy.

    http://www.cnn.com/2014/01/30/world/...-knox-retrial/
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    Yeah she can never step foot in Europe again and maybe can't even leave the US ever again.
    Insert pithy saying here.

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    Quote Originally Posted by Roman529 View Post
    I guess the Italian judicial system doesn't have a Double Jeopardy clause? What a joke. They want to sentence her to 28 years. She better stay in Italy and not make any travel plans for Europe. You know the Frenchies would deport her to Italy.

    http://www.cnn.com/2014/01/30/world/...-knox-retrial/
    As far as I know double jeopardy is only in effect when you were convicted and actually completed your prison term or whatever punishment was given. The initial judgement in her case was overturned.

    And I certainly hope this
    She better stay in Italy and not make any travel plans for Europe.
    was just a mistype.
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    TheWalrus's Avatar
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    Quote Originally Posted by Roman529 View Post
    I guess the Italian judicial system doesn't have a Double Jeopardy clause? What a joke. They want to sentence her to 28 years. She better stay in Italy and not make any travel plans for Europe. You know the Frenchies would deport her to Italy.

    http://www.cnn.com/2014/01/30/world/...-knox-retrial/
    Or Epcot. It's not well known but the different pavilions are actually under the jurisdiction of the various countries. If the Italian authorities catch her there they can extradite her.
    No snowflake in an avalanche ever feels responsible.
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    Spesh's Avatar
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    Quote Originally Posted by phins_4_ever View Post
    As far as I know double jeopardy is only in effect when you were convicted and actually completed your prison term or whatever punishment was given. The initial judgement in her case was overturned.

    And I certainly hope this was just a mistype.
    You are also protected under Double Jeopardy if you have been acquitted in a trial. As much as we would all like George Zimmerman, OJ Simpson, and Casey Anthony tried again, the government simply cant have a "do over" to nail them to the wall. Knox was convinced but won on appeals. Shes a free woman. The Italian government apparently believes they can keep retrying people until they get the conviction they were looking for.

    Double jeopardy is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries, a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means "in the past" in French), meaning the defendant has been acquitted or convicted of the same offence
    http://en.wikipedia.org/wiki/Double_jeopardy
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    phins_4_ever's Avatar
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    Quote Originally Posted by Spesh View Post
    You are also protected under Double Jeopardy if you have been acquitted in a trial. As much as we would all like George Zimmerman, OJ Simpson, and Casey Anthony tried again, the government simply cant have a "do over" to nail them to the wall. Knox was convinced but won on appeals. Shes a free woman. The Italian government apparently believes they can keep retrying people until they get the conviction they were looking for.



    http://en.wikipedia.org/wiki/Double_jeopardy
    Thanks. I did not know that.
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    Eshlemon's Avatar
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    Quote Originally Posted by Spesh View Post
    You are also protected under Double Jeopardy if you have been acquitted in a trial. As much as we would all like George Zimmerman, OJ Simpson, and Casey Anthony tried again, the government simply cant have a "do over" to nail them to the wall. Knox was convinced but won on appeals. Shes a free woman. The Italian government apparently believes they can keep retrying people until they get the conviction they were looking for.



    http://en.wikipedia.org/wiki/Double_jeopardy
    From the information from the Double Jeopard link and another I added in looking up to try and verify, the reasons for the Italian judges appeals court ruling will determine if she's extradited. If because it was determined there was not sufficient enough evidence, she won't and wouldn't have been retried here. If because of "procedural faults", she will as she could have also have possible been re-tried here.


    Retrial is not possible if the verdict is overturned on the grounds of evidentiary insufficiency, rather than on the grounds of procedural faults. As noted above, if the trial court made a determination of evidentiary insufficiency, the determination would constitute a final acquittal; in Burks v. United States 437 U.S. 1, (1978), the Court held that "it should make no difference that the reviewing court, rather than the trial court, determined the evidence to be insufficient."[9]


    This principle does not prevent the government from appealing a pre-trial motion to dismiss[17] or other non-merits dismissal,[18] or a directed verdict after a jury conviction,[19] nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.[20] Nor does it prevent the government from retrying the defendant after an appellate reversal other than for sufficiency,[21] including habeas,[22] or "thirteenth juror" appellate reversals notwithstanding sufficiency[23] on the principle that jeopardy has not "terminated." There is also an exception for judicial bribery in a bench trial.[24]
    http://en.wikipedia.org/wiki/Fifth_A...s_Constitution
    Last edited by Eshlemon; 02-01-2014 at 06:22 AM.
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    LANGER72's Avatar
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    Quote Originally Posted by TheWalrus View Post
    Or Epcot. It's not well known but the different pavilions are actually under the jurisdiction of the various countries. If the Italian authorities catch her there they can extradite her.
    The same goes foe every Italian restaurant and leather store...seriously...
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