Amanda Knox guilty!

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Wreckem

Diamond Member
Sep 23, 2006
9,537
1,103
126
No, it's what happened the second time. She was convicted, then aquitted, then convicted again. Wrap your head around that.

I have no idea whether she likely did it or not. A lot of people seem convinced that she didn't, but I've never seen any kind of dispassionate examination of all the evidence, so I refuse to hold an opinion either way.

Under US legal standards she would never have been convicted.
 

smackababy

Lifer
Oct 30, 2008
27,024
79
86
No, it's what happened the second time. She was convicted, then aquitted, then convicted again. Wrap your head around that.

I have no idea whether she likely did it or not. A lot of people seem convinced that she didn't, but I've never seen any kind of dispassionate examination of all the evidence, so I refuse to hold an opinion either way.

Wasn't this new conviction held in a trial because the previous was declared a mistrial after the fact? I thought that is what caused this trial, which is why I am confused on the actual double jeopardy status of it.

It seems like regardless of the outcome, there is an appeal if the "losing" side isn't happy with the outcome in the Italian justice system. Now, that is screwed up.
 

Wreckem

Diamond Member
Sep 23, 2006
9,537
1,103
126
Wasn't this new conviction held in a trial because the previous was declared a mistrial after the fact? I thought that is what caused this trial, which is why I am confused on the actual double jeopardy status of it.

It seems like regardless of the outcome, there is an appeal if the "losing" side isn't happy with the outcome in the Italian justice system. Now, that is screwed up.

She was convicted. Then acquitted. Then the acquittal was overturned and a new trial ordered. That is how today's conviction came about.

Being acquitted, having that overturned, and then retried on the same crime is double jeopardy.

She will never be extradited.
 
Last edited:

Blackjack200

Lifer
May 28, 2007
15,995
1,688
126
Under US legal standards she would never have been convicted.

Ok, fine. I'm also of the opinion that she falls into the Natalee Holloway this-is-only-news-because-it's-an-attractive-young-woman catagory. I fail to see why this case is significant. I hope justice is served either way, but I don't see any point in really following it closely.

Wasn't this new conviction held in a trial because the previous was declared a mistrial after the fact? I thought that is what caused this trial, which is why I am confused on the actual double jeopardy status of it.

It seems like regardless of the outcome, there is an appeal if the "losing" side isn't happy with the outcome in the Italian justice system. Now, that is screwed up.

I really have no idea, a legal expert might be useful here.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Wasn't this new conviction held in a trial because the previous was declared a mistrial after the fact? I thought that is what caused this trial, which is why I am confused on the actual double jeopardy status of it.

It seems like regardless of the outcome, there is an appeal if the "losing" side isn't happy with the outcome in the Italian justice system. Now, that is screwed up.

No. she was acquitted. in itally they are allowed to appeal that decision.
 

Wreckem

Diamond Member
Sep 23, 2006
9,537
1,103
126
Ok, fine. I'm also of the opinion that she falls into the Natalee Holloway this-is-only-news-because-it's-an-attractive-young-woman catagory. I fail to see why this case is significant. I hope justice is served either way, but I don't see any point in really following it closely.



I really have no idea, a legal expert might be useful here.

Its only news because news isn't news these days. News today is infotainment, not news.
 

dougp

Diamond Member
May 3, 2002
7,909
4
0
Ok, fine. I'm also of the opinion that she falls into the Natalee Holloway this-is-only-news-because-it's-an-attractive-young-woman catagory. I fail to see why this case is significant. I hope justice is served either way, but I don't see any point in really following it closely.

This is more or less news because of the fact she's a U.S. citizen being tried in a foreign country. There's no supporting evidence and even the DNA evidence goes against the prosecution - yet she's still being convicted. People bitch about how "messed up" U.S. criminal courts are, yet don't feel this is news.
 

Blackjack200

Lifer
May 28, 2007
15,995
1,688
126
We're talking Amanda Knox. Try to focus, her extradition hasn't happened... yet. I'm betting we hear arguments for it.

You said that we have officials in the "Admin" (assuming you're referring to the Obama Administration) who believe that extradition treaties overrule US law.

Here is your comment:

Betting we have officials in the Admin who believe extradition treaties overrule US law.

The only possible way you could legitimately believe that is if

1. An extradition had already happened
2. Someone in the Obama administration has explicitly stated that that is their position.
 

juiio

Golden Member
Feb 28, 2000
1,433
4
81
Wasn't this new conviction held in a trial because the previous was declared a mistrial after the fact? I thought that is what caused this trial, which is why I am confused on the actual double jeopardy status of it.

There are three phases to the process.

In phase one, she was found guilty.

In phase two, she was found not guilty, but a higher court ruled that the judge acted with misconduct. Thus, they had to re-do phase two. Today was the verdict from the re-do of phase two.

In phase three, she'll get a final appeal, and whenever that ends, it will finally be over one way or the other.
 

Blackjack200

Lifer
May 28, 2007
15,995
1,688
126
This is more or less news because of the fact she's a U.S. citizen being tried in a foreign country.

Millions of Americans go abroad every year, I can't imagine that a U.S. citizen being tried in a foreign country is all that rare. Maybe for murder it is, but I would be surprised...
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
There are three phases to the process.

In phase one, she was found guilty.

In phase two, she was found not guilty, but a higher court ruled that the judge acted with misconduct. Thus, they had to re-do phase two. Today was the verdict from the re-do of phase two.

In phase three, she'll get a final appeal, and whenever that ends, it will finally be over one way or the other.

That is not how its been in the news.

1st trail she was found guilty.

appeal Found not-guilty

During this the prosecutor was found to have acted with misconduct during this and other cases. this was something separate and had NOTHING to do with the case (sadly)

Italy has the option to appeal the not-guilty (not possible in the US).

They appealed and found guilty. she can appeal that again..
 

juiio

Golden Member
Feb 28, 2000
1,433
4
81
Are you saying that because you're Italian or just don't understand that the evidence is horse shit?

I read lots of the Massei report (the summary of everything from phase one of the trial, as written by the presiding judge) and came to my own conclusion.

Have you done anything more than read the occasional news story? You should read the Massei report and come to your own conclusions.

At one time, I think I posted a bunch of recaps of the biggest arguments. If you want, I can try to find those posts and copy/paste them here.
 

smackababy

Lifer
Oct 30, 2008
27,024
79
86
There are three phases to the process.

In phase one, she was found guilty.

In phase two, she was found not guilty, but a higher court ruled that the judge acted with misconduct. Thus, they had to re-do phase two. Today was the verdict from the re-do of phase two.

In phase three, she'll get a final appeal, and whenever that ends, it will finally be over one way or the other.

The problem is that in the second phase, she was acquitted and the prosecution was allowed to appeal that decision to a higher court, which declared it a mistrial. This is not allowed under the US Double Jeopardy clause to my belief. If the prosecution, for whatever reason, does something improper (with exception of something like corruption or intentional misconduct), the acquittal stands and is protected. As the trial was completed, they cannot try someone for the same crime. Giving the prosecution an appeal is incredibly strange.
 

juiio

Golden Member
Feb 28, 2000
1,433
4
81
During this the prosecutor was found to have acted with misconduct during this and other cases. this was something separate and had NOTHING to do with the case (sadly)

The problem with the original phase two that led to the re-do was that Hellmann (the judge in phase two) threw out lots of evidence that he never should have. Regardless of whether you agree with that conclusion or not, the rejection of phase two was based on the judge's actions in the this case.
 

_Rick_

Diamond Member
Apr 20, 2012
3,948
70
91
The problem is that in the second phase, she was acquitted and the prosecution was allowed to appeal that decision to a higher court, which declared it a mistrial. This is not allowed under the US Double Jeopardy clause to my belief. If the prosecution, for whatever reason, does something improper (with exception of something like corruption or intentional misconduct), the acquittal stands and is protected. As the trial was completed, they cannot try someone for the same crime. Giving the prosecution an appeal is incredibly strange.

Well, I imagine that the mafia could buy a prosecutor, and thus obtain an unlawful acquittal. Overturning such a decision, if it is found that the prosecutor was corrupt (or demonstrably incompetent) should be considered just. After all the prosecutor is merely the representative of the state, and personal issues of the prosecutor should have minimal impact on the way the case goes.
 

Brovane

Diamond Member
Dec 18, 2001
6,081
2,360
136
The problem is that in the second phase, she was acquitted and the prosecution was allowed to appeal that decision to a higher court, which declared it a mistrial. This is not allowed under the US Double Jeopardy clause to my belief. If the prosecution, for whatever reason, does something improper (with exception of something like corruption or intentional misconduct), the acquittal stands and is protected. As the trial was completed, they cannot try someone for the same crime. Giving the prosecution an appeal is incredibly strange.

This is a summary of what I have been reading online. Basically Italy can request it but because of Double Jeopardy she will never be extradited. However that will probably mean she will need to be very careful with where she travels the rest of her life.
 

smackababy

Lifer
Oct 30, 2008
27,024
79
86
This is a summary of what I have been reading online. Basically Italy can request it but because of Double Jeopardy she will never be extradited. However that will probably mean she will need to be very careful with where she travels the rest of her life.

I don't think she wants to go back to Italy. Just a guess though! >_<
 

Blackjack200

Lifer
May 28, 2007
15,995
1,688
126
I read lots of the Massei report (the summary of everything from phase one of the trial, as written by the presiding judge) and came to my own conclusion.

Have you done anything more than read the occasional news story? You should read the Massei report and come to your own conclusions.

At one time, I think I posted a bunch of recaps of the biggest arguments. If you want, I can try to find those posts and copy/paste them here.

http://forums.anandtech.com/showpost.php?p=34800346&postcount=68
http://forums.anandtech.com/showpost.php?p=34800561&postcount=77
http://forums.anandtech.com/showpost.php?p=34802249&postcount=92
http://forums.anandtech.com/showpost.php?p=34802272&postcount=94

And on and on...
 

Brovane

Diamond Member
Dec 18, 2001
6,081
2,360
136
I don't think she wants to go back to Italy. Just a guess though! >_<

Not Italy specifically but basically any foreign country and she will probably want to stay out of the EU. Basically make sure she checks with her lawyer if she decides to travel internationally which she probably shouldn't.
 

dougp

Diamond Member
May 3, 2002
7,909
4
0
I read lots of the Massei report (the summary of everything from phase one of the trial, as written by the presiding judge) and came to my own conclusion.

Have you done anything more than read the occasional news story? You should read the Massei report and come to your own conclusions.

At one time, I think I posted a bunch of recaps of the biggest arguments. If you want, I can try to find those posts and copy/paste them here.

I read quite a bit more back when the original trial was going on, thus came to my own conclusion. I put very little respect into the investigation, because a bunch of circumstantial evidence was used. They never had absolute proof that Knox committed the murder - if you want to point out her DNA on the handle of a knife in her house, or the blood of a roommate on the blade - those can all be easily explained, as well as DNA on a bra clasp where 3 women lived together and probably shared clothes. The whole trial was handled poorly, period. I think they felt that they could easily pin it on the American girl with what little evidence and obvious corruption they had, so they did.
 
Feb 4, 2009
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I was reading about extradition today, double jeopardy seems like it would apply but even if it didn't she also can appeal to the State Department(?) and basically say the trial was a sham, which she has an extremely strong case for. That portion is to prevent someone being tried in abstention to return to a country for a crime they didn't commit (essentially a blackmail prevention)
 
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