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ORIGINAL: WantsOfTheFlesh

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ORIGINAL: FunCouple5280
I have nothing but condolences for the victim's family. They can blame the Italian government for not getting the right person or not doing their job. I am not going to argue as to Knox's guilt. It is not my place or yours for that matter. This is about what is just and ethical.

yup tha poor family can blame everyone but knox lol. yr definition of "what is just and ethical" is a strange one if ya think its ok to evade justice over US legal technicalities when tha crime wasnt committed on US soil.

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ORIGINAL: defiantbadgirl

An Italian court now wants to retry Amanda Knox. Despite her aquittal, Italy is asking the United States to send her back. In Italy, there is no double jeopordy law. But she's here now, not there. Can the United States send her back without violating our double jeopardy law? This is the same country that sent seismologists to prison for failing to predict an earthquake. What do you think? Can/should she be sent back?

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ORIGINAL: Hillwilliam
She is an American citizen and as such is entitled to the protections of the US constitution.
She was tried. She was found not guilty. She went home.
I seriously doubt the state dept will honor the extradition request.
I also think she should verrrrry careful about international travel in the future.

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ORIGINAL: slvemike4u

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ORIGINAL: WantsOfTheFlesh

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ORIGINAL: FunCouple5280
I have nothing but condolences for the victim's family. They can blame the Italian government for not getting the right person or not doing their job. I am not going to argue as to Knox's guilt. It is not my place or yours for that matter. This is about what is just and ethical.

yup tha poor family can blame everyone but knox lol. yr definition of "what is just and ethical" is a strange one if ya think its ok to evade justice over US legal technicalities when tha crime wasnt committed on US soil.

It's not a technicality ....not even close.It's a bedrock of our justice system,one you don't seem to be showing much respect for....all the while claiming some sort of "ugly American" stance?
Funny that eh ?
You disrespect our system of justice while claiming we are uncouth americans.....lol

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ORIGINAL: WantsOfTheFlesh

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ORIGINAL: slvemike4u

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ORIGINAL: WantsOfTheFlesh

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ORIGINAL: FunCouple5280
I have nothing but condolences for the victim's family. They can blame the Italian government for not getting the right person or not doing their job. I am not going to argue as to Knox's guilt. It is not my place or yours for that matter. This is about what is just and ethical.

yup tha poor family can blame everyone but knox lol. yr definition of "what is just and ethical" is a strange one if ya think its ok to evade justice over US legal technicalities when tha crime wasnt committed on US soil.

It's not a technicality ....not even close.It's a bedrock of our justice system,one you don't seem to be showing much respect for....all the while claiming some sort of "ugly American" stance?
Funny that eh ?
You disrespect our system of justice while claiming we are uncouth americans.....lol

dude you have me mixed up wit another poster.

yup course double jeopardry is a bedrock of tha US judicial system in tha constitution but she was tried elsewhere & seems double jeopardy applies specifically to folks tried under tha US legal system. plus jeopardry is not all black & white so i reckon should be left to tha legal honchos http://en.wikipedia.org/wiki/Double_Jeopardy_Clause#Retrial_after_acquittal

i say let her be extradited but only if it doesnt violate her rights.

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ORIGINAL: defiantbadgirl

An Italian court now wants to retry Amanda Knox. Despite her aquittal, Italy is asking the United States to send her back. In Italy, there is no double jeopordy law. But she's here now, not there. Can the United States send her back without violating our double jeopardy law? This is the same country that sent seismologists to prison for failing to predict an earthquake. What do you think? Can/should she be sent back?

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ORIGINAL: slvemike4u
Than you will need to explain to me how that extradition could be enacted without it violating her rights as an American citizen who has already stood in the docket wherein her very liberty was at stake ?
It matters not that the docket in question was not an American court....jeopardy,for this crime,has attatched.
It couldn't be more clearer.....the court had the power to remand her to an indeterminate sentence.....how wasn't she in jeopardy ?
Why should any American court have any hand at all in seeing any American citizens fundamental rights be violated ?

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ORIGINAL: BitaTruble
prosecuted, accquited and released

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ORIGINAL: FunCouple5280

Lol. She isn't hiding here!!! They tried her, they fucking lost.

I get it, Italian law doesn't have a double jeopordy clause. Still the state dept has to consider her constitutional rights as a citizen here. They can't betray them to please the Italians, and the Italians hardly have a case for extraordinary circumstances. Now, if she is dumb enough to hop a flight to Europe ever in her future, I am sure the Italians will be waiting. Then they will likely do their show trial and burn her at the stake.

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ORIGINAL: BitaTruble

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ORIGINAL: defiantbadgirl
An Italian court now wants to retry Amanda Knox. Despite her aquittal, Italy is asking the United States to send her back. In Italy, there is no double jeopordy law. But she's here now, not there. Can the United States send her back without violating our double jeopardy law? This is the same country that sent seismologists to prison for failing to predict an earthquake. What do you think? Can/should she be sent back?

Italy must meet the criteria for extradition which has four elements. Each element must be satisfied for the extradiction to be legal. (Abduction is a different subject.)
#1. Was the crime commited a crime in both Italy and the USA?
Yes, the crime is murder, so that meets one element.
#2. Are all the documents of extradiction complete and legally filed?
I don't know, but I'm sure they would be pretty careful and will assume a 'yes' answer. If the answer is no, there is no extradition. If yes, move on. Another element is satisfied.
#3. Did the suspect flee the country to avoid prosecution?
This will be the one that the Italian government will have to prove to satisfy the USA. Knox's lawyers will have a field day with this since they can prove that Knox did 'not' flee to avoid prosecution but was, in fact, prosecuted, accquited and released but say the Italian government does manage to convince the USA that Knox did flee and that element is met. There is one left.
#4. Does extradiction violate 'cruel and unusual punishment' laws of the USA? One of the articles of 'cruel and unusual' punishment is double jeopardy. Extradiction would violate that law so, the USA does not 'have' to extradite but, they can still 'choose' to if the governemnt believes it is in the best interest of National Security. i don't think Knox qualifies but who knows what the hell the government is gonna do.

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ORIGINAL: Hillwilliam
I seriously doubt the state dept will honor the extradition request.
I also think she should verrrrry careful about international travel in the future.

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ORIGINAL: eulero83

Italian law HAS a double jeopardy clause. It's just that the italian trial is divided in three ranks of judice, both defence or accuse can appeal to the next court if any of the reasons expressed in the law occours. You are not considered guilty or innocent untill the third court expressed it's judice (and they can judge only about mistrial). You are out of jail if any of the first two is in your favor. Actually it's always the same trial but mistakes where found in the second verdict.