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Amanda Knox and ex-boyfriend guilty of Kercher murder.

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posted on Jan, 31 2014 @ 09:16 AM
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reply to post by stumason
 


I guess I don't get why this wouldn't be double jeopardy here in the states. Now I'm not under any grand illusion that our justice system is the same as theirs so it really is a moot point. Not even being close to a legal novice I won't even waste my time to google DJ because I am sure it requires interpretation.

But that being said, She had a trial and was found guilty. So no mistrial was called. If it had been a mistrial, she would not have been adjudicated either way and would have started over yes?

So she is found guilty, again in America, you have the right to appeal. She appeals and wins an acquittal. Does the state have the right to appeal the overturning of her conviction? Again speaking if it had been an American court as obviously it is ok in Italy.

They and you call it a mistrial but she was convicted. So how is it claimed mistrial at this point?

By no means am I belittling your opinion, just curious as to why I am wrong???




posted on Jan, 31 2014 @ 09:20 AM
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reply to post by tinner07
 


From a complete lay persons perspective (in terms of US law) i would say that i can't honestly see how Double Jeopardy would apply. The reason for this being it isn't a new trial, it is the Supreme Court in Italy overturning her acquital - therefore a continuation of the original trial. However, as Wrabbit has pointed out, this is where it gets complicated.......



posted on Jan, 31 2014 @ 09:24 AM
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What I find interesting in all this is how this is being spun at the international level.

The Brits are saying that the American double jeopardy law is nonsense, the Americans are saying that the Italian justice system is screwy and she is protected and everyone else is picking sides.

How about this, leave the damn laws alone. Otherwise we are walking straight down the path to Global Governance.

This will play itself out on its own.



posted on Jan, 31 2014 @ 09:36 AM
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Flavian
reply to post by tinner07
 


From a complete lay persons perspective (in terms of US law) i would say that i can't honestly see how Double Jeopardy would apply. The reason for this being it isn't a new trial, it is the Supreme Court in Italy overturning her acquital - therefore a continuation of the original trial. However, as Wrabbit has pointed out, this is where it gets complicated.......


From my perspective, the US Supreme Court can not overturn an acquittal; therefore, we should not require our citizens to jump through any additional legal hoops just because another countries legal system allows for such things. It may not be seen as double jeopardy in Italy, but it is double jeopardy based upon the 5th Amendment.



posted on Jan, 31 2014 @ 09:41 AM
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stumason
So it would seem, which is to be honest, downright bloody stupid. If new evidence comes to light, be it DNA or an admission, it's a smack in the face of Justice that you could not be tried for it.

Yes, so stupid that it promotes making sure your ducks are in a row prior to the case and prevents nut job prosecutors from frivolously prosecuting everyone in town at the time of a murder until they find someone without a suitable alibi.



posted on Jan, 31 2014 @ 09:45 AM
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reply to post by LeatherNLace
 


Whilst i understand your point, the fact is the crime was committed in Italy not the US, so US law doesn't actually apply. Think about it logically. If you are saying US should apply then by extension foreign nationals in the US shouldn't be subjected to US laws - and that doesn't really work does it?



posted on Jan, 31 2014 @ 09:48 AM
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tinner07
So she is found guilty, again in America, you have the right to appeal. She appeals and wins an acquittal. Does the state have the right to appeal the overturning of her conviction? Again speaking if it had been an American court as obviously it is ok in Italy.

They and you call it a mistrial but she was convicted. So how is it claimed mistrial at this point?


I never said anything about a mistrial...I said a re-trial... Something entirely different.

But to answer your question, yes, the State can appeal as well in Italy, it would appear. They appealed against the aquittal, which was then upheld and sent for re-trial.



posted on Jan, 31 2014 @ 09:52 AM
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reply to post by eNumbra
 


I understand DJ - we have it in the UK - but if "new and compelling evidence" comes to light, the CPS can make an application for a new trial, the new evidence is reviewed and if it is "compelling" and wasn't included in the first trial, a new one can be set..

Totally ruling out a new trial, no matter what evidence may come to light afterwards, is idiotic. You could in theory have a murderer who managed to get away with it, then to confess live on TV in front of the whole world afterwards and you could do nothing about it.

Anyhoo - as I've said already, DJ doesn't apply here so it is really a moot point.



posted on Jan, 31 2014 @ 10:10 AM
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stumason
reply to post by eNumbra
 



Totally ruling out a new trial, no matter what evidence may come to light afterwards, is idiotic. You could in theory have a murderer who managed to get away with it, then to confess live on TV in front of the whole world afterwards and you could do nothing about it.


Which isn't entirely true. Legally no, they cannot be retried and convicted.

On the other hand, civilly, OJ Simpson for example has been paying the brown and Goldman families money since the civil trial ruled him culpable for damages to the tune of 40 million.

No he's not sitting in jail; but with obvious potentialities that we can see in prosecutors like the one in the Knox case, I'm inclined to say, it's good enough for now.



posted on Jan, 31 2014 @ 10:15 AM
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reply to post by boymonkey74
 


I'll see your 'guilty as hell evidence' and raise you some 'you must have your head up your arse' rebuttal. Read about the testing of 'The Knife', 'The Bra Clasp', 'Lies & Misinformation'. Any of these... any ONE constitutes reasonable doubt in the extreme.

Sheesh...



posted on Jan, 31 2014 @ 10:52 AM
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I have an idea to settle any arguments on the extradition issue...

Let's start one of those online White House petitions to get Knox blocked from extradition. If the petition gets 100,000 signatures, then the WH, by their own rules, must respond. Any response the WH gives would, no doubt, be reviewed by the Justice Department, and would give us insight into their stance on the issue.

edit on 31-1-2014 by LeatherNLace because: major typo



posted on Jan, 31 2014 @ 10:57 AM
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reply to post by LeatherNLace
 


lol


The sad thing about all this really is the only people doing all right over all this is the lawyers....guess she will have to pen another book to pay for them.



posted on Jan, 31 2014 @ 10:58 AM
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reply to post by stumason
 


Ok retrial not mistrial. Kinda like a do over button. That sounds exactly like double jeopardy. I wonder how many do overs they get? 2 10 27? or just as many as it takes.

Like some folks question the double jeopardy rule here in the U.S. if an accused killer was aquitted and went on to brag about killing the victim, he would then be arrested and charged on a lesser count of murder. Or on kidnapping charges. There are ways around that for prosecutors.

Here is what I think should happen at this point.

I think the American Govt. should provide the best lawyers we have at no charge to miss Knox. Take her into protective custody and accompany her to Italy with the full power of the United States behind her. A full crew of reporters. Expert interpreters and experts on Italian law.
Shred their evidence to pieces and let our girl be done with this.



posted on Jan, 31 2014 @ 11:10 AM
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reply to post by tinner07
 


Judges can order a retrial for various reasons - in the UK, it might be because the Jury was compromised, or a failure to agree a verdict or because the Court of Appeal ordered it. The latter is probably a close analogy of what has happened in Italy - their Highest Court ordered a retrial based on the appeal by Prosecutors. Had they denied the retrial, that would have been the end of it the same as anywhere else, but they clearly felt the case merited a re-trial.

All that said, I have no real opinion either way on whether she is guilty, but from what I have read she certainly has questions to answer about the whole affair.

On the note of a possible extradition, wouldn't the Italians have to provide sufficient evidence as required in a US court to secure a conviction to get her extradited, so unless they have a convincing case, she should be fine provided she never leaves the US again and especially avoids anywhere in Europe as she could have an EU Warrant out and every Police force is required to enforce them, no matter the evidence.



posted on Jan, 31 2014 @ 11:17 AM
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reply to post by rickymouse
 


Yeah.. they wanted someone to hang for it because it was a visiting foreigner student that died so they found the first people they could (and it helped that it wasn't an italian - see italy is still safe!). So they locked up two innocent people and then, i'll be damned they found a strangers DNA in the house that could even be traced to the night of the murder and it was someone else.

They got that someone else, but they are on a witch hunt so they don't look bad for how they mistreated the original suspects.
edit on 31-1-2014 by GogoVicMorrow because: (no reason given)



posted on Jan, 31 2014 @ 11:19 AM
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reply to post by LeatherNLace
 


Count this guy out. I wouldn't sign for an innocent woman to go face a corrupt and unethical police and court.



posted on Jan, 31 2014 @ 11:21 AM
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reply to post by Flavian
 


She looks pretty innocent where I am standing (grounded in sanity).
Give one reason she looks guilty and tell me why the man who is actually guilty is innocent and how he was involved.



posted on Jan, 31 2014 @ 11:25 AM
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Fylgje
I certainly believe that Amanda had a motive. A rift tore between her and the woman the she killed, because, if I read it correctly, The woman claimed that Amanda was very unclean/unhygienic, claiming that Amanda dropped a deuce without flushing, and the woman called Amanda on it, embarrassing her, so, as the story goers, Amanda got that crazy lunatic look in her beady-eyes and murdered this woman in cold blood. What I'm confused about is if it was during or after the group sex that Amanda seemed to like.

And again, I don't know what US law is in this case, but if Italy puts a nice bounty on her head, it would be a quick way to make some cash and deliver her to the hands of justice. Dog The Bounty Hunter is probably already licking his chops.
edit on 31-1-2014 by Fylgje because: (no reason given)



OMG.. that is an embarrassing thing to believe as a motive. So she raped and stabbed her to death because some person close to meredith said knox was sloppy (even though that was probably just demonizing after the fact). Some motive.

Meanwhile the guy from the ivory coast with a criminal record was in the house the night Meredith murdered (and only could have been had he snuck in or meredith invited him in. She was stabbed and had her clothes torn off (raped i believe), then mr ivory coast used the bathroom and didn't flush. They collected dna from his stool and THAT is how they found the real killer.



posted on Jan, 31 2014 @ 11:25 AM
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reply to post by stumason
 


Been on a law forum and the consensus is pretty split If they will allow her to be extradited, I think If her appeal fails the US government will have to pick carefully because it could have wider implications for the whole extradition process.
There was a case 20 years ago where a US plane hit a cable car line and 20 people got killed, the Airman was going to be tried in Italy but the NATO rules said they could be tried in the USA but that will not really count in this case..interesting anyhopw for a quick read here.

en.wikipedia.org...(1998)



posted on Jan, 31 2014 @ 11:27 AM
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reply to post by Wrabbit2000
 


It's not like the attention from this one thread is going to take down or hurt their website, but thanks for being a pal and not sharing.




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