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stumason
A double jeopardy would be her being found not guilty and them trying her again with no new evidence just to try and secure a conviction.
And just for info, in the UK we disposed of the double jeopardy rule if new evidence comes to light after the original trial, which makes sense.
Silvio Berlusconi has an extensive record of criminal allegations, including abuse of office, defamation, extortion, Child sexual abuse, perjury, mafia collusion, false accounting, embezzlement, money laundering, tax fraud, corruption and bribery of police officers and judges. Berlusconi has been tried in Italian courts in several cases. In three of these cases accusations were dropped by the judiciary because of laws passed by Berlusconi's parliamentary majority shortening the time limit for prosecution of various offences and making false accounting illegal only if there is a specific damaged party reporting the fact to the authorities
Zaphod58
reply to post by dude77
An aquittal in the US can too be overturned for various reasons and can be appealed. It has happened but is rare. It is also not double jeopardy if it hsppens.
Knox and Sollecito were jailed for Miss Kercher's murder in 2009 but the verdicts were overturned in 2011 and the pair were freed.
However, the acquittals were themselves overturned last year by the Court of Cassation, which returned the case to the Florence court.
BBC
Zaphod58
reply to post by dude77
They can be overturned in the US as well, the difference is that here the standards are very high to do it. I have heard of a couple of cases where it happened though. There is no double jeopardy here though since it is a retrial.
stumason
reply to post by dude77
I must point out the obvious here, the Italian Justice system is not like the US system, hence the differences.
In Italy, it would appear, no verdict is final until approved by Court of Cassation, whether it be a guilty or not guilty.
Knox and Sollecito were jailed for Miss Kercher's murder in 2009 but the verdicts were overturned in 2011 and the pair were freed.
However, the acquittals were themselves overturned last year by the Court of Cassation, which returned the case to the Florence court.
BBC
This is not a case of double jeopardy, but more akin to a re-trial.
The commonly held theory is that when a person looks up to their right, they’re lying. If they look up to their left, they’re said to be telling the truth.
But in three separate experiments testing that theory, researchers from Edinburgh University and Hertfordshire University found no connection between eye movements and whether people were being truthful. “This is in line with findings from a considerable amount of previous work showing that facial clues (including eye movements) are poor indicators of deception,” wrote the authors of the study published in the journal PLoS ONE.
The authors attribute the popular wisdom about “lying eyes” to claims made by practitioners of neuro-linguistic programming (NLP). The therapy method, which attempts to improve people’s communication skills by teaching them about eye-movements and thought, says that when people look up to their right they are visualizing a “constructed” event, and when they look to the left, they’re visualizing an actual “remembered” memory.
The notion that “constructed” means “lie” became popular, despite the fact that there’s little scientific evidence to back up the claim.
(MORE: Why The Rich Are Less Ethical)
In the first experiment, the researchers videotaped 32 right-handed participants as they either lied or told the truth. (The NLP theory pertains to right-handed people, so left-handed folks were excluded from the study.) Then the researchers carefully analyzed the volunteers’ eye movements, and found that they were equally likely to glance upward and to the right or upward and to the left, regardless of the truthfulness of their statements.
In the second experiment, researchers recruited 50 participants and randomly educated half of them about the NLP lying-eye trick. Then the participants watched the videos of the 32 people from the previous experiment and were asked to indicate whether they thought each person was lying or telling the truth, and how confident they were in their assessment. Result: there was no difference in accuracy of lie detection between the 25 participants who were told about the eye-movement theory and those who weren’t.
In the third experiment, the researchers watched videos of 52 people publicly appealing for help in finding their relatives who had gone missing. the videos were gathered from news agencies in several countries, including Australia, Canada, Britain and the U.S. In half cases, the family members were known to be lying; in the other half, they were telling the truth. The researchers monitored and coded their eye movements, counting the number of times people either looked up and to the right or up and to the left. There was no link between eye movements and whether or not the people were telling the truth.
(MORE: Can Patients Handle the Truth? Getting Access to Doctors’ Notes)
That’s not to say that eye movements have nothing to do with what a person is thinking. In an interview with ABC News, Howard Ehrlichman, a professor emeritus of psychology at Queens College of the City University of New York, who has done considerable research on the topic, said: “I found that while the direction of eye movements wasn’t related to anything, whether people actually made eye movements or not was related to aspects of things going on in their mind.”
He noted that people tend to move their eyes, about once per second on average, when they are retrieving information from their long-term memory. “If there’s no eye movement during a television interview, I’m convinced that the person has rehearsed or repeated what they are going to say many times and don’t have to search for the answer in their long-term memories,” he told ABC News.
Ehrlichman also confirmed that none of his research connected the direction of eye movements to lying.
The NLP, for its part, maintains that its teachings about eye movements were never specifically meant to be applied to lie detection. Rather, eye movements indicate how a person is processing information — whether it’s visual, auditory or physical information, or whether it’s remembered or created, said Steven Leeds, a co-director of the NLP Training Center of New York.
LeatherNLace
So far as I know, I could be tried for murder and get an acquittal and then go around admitting my guilt and I still could not be tried for the same crime again. In the US, new evidence is not grounds for a retrial of a previous acquittal.
stumason
reply to post by nenothtu
Someone needs to learn how to read properly...
I never said there was any new evidence, what I said was this isn't a case of double jeopardy as it is a continuation of the original judicial process, so anyone crying about double jeopardy is barking up the wrong tree.
stumason
A double jeopardy would be her being found not guilty and them trying her again with no new evidence just to try and secure a conviction.
And just for info, in the UK we disposed of the double jeopardy rule if new evidence comes to light after the original trial, which makes sense.
stumason
Whilst I am also dubious about the guilty verdict and I am certainly aware of the shocking Italian Justice system, this is not a case of double jeopardy - she had the trial, was found guilty, was released on appeal with conviction quashed, then that too was overturned by Italian courts so now we're back to square one - it is a continuation of the original trial, not a new one.
A double jeopardy would be her being found not guilty and them trying her again with no new evidence just to try and secure a conviction.
And just for info, in the UK we disposed of the double jeopardy rule if new evidence comes to light after the original trial, which makes sense.
Was Amanda Knox in jail in the US for murder? Could you provide a link to the blog in question, please? Because I don't understand the logic in this case.