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eulero83 -> RE: Amanda Knox retrial? (3/30/2013 8:40:59 AM)
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quote:
ORIGINAL: tj444
quote:
ORIGINAL: eulero83
In italy average jail time for murder is 12 years and he asked for "short ritual trial" that means he has a 30% discount on conviction, yes sure he didn't admit but asking short ritual equates more or less to pleading guilty that is not possible in italy, during trial you always plead innocent.
I see.. I know he had a short trial.. which is also apparently a closed proceeding, no reporters and such so totally private.. but he also appealed (twice?) and got his sentence reduced.. sounds like he got a pretty good deal to me.. (given that all the evidence does point to him killing her & guilty).. If I was the girls family I would be very upset by that.. 12 years seems too short as it is..
well actually the murder took place in 2007 so to 2016 it's 9 years, I mean that between all the convicted murder in italy average time they spent in jail is 12 years.
it's not a closed proceeding, if you want you can request all documentation, it's just that defendant accept what witness declared as true and there is no need to challenge them in court (90% of time this equates in pleading guilty but judges have to act as you plead innocent), so judges have written depositions, defendant's one included, they have written expert reports from both side, and decide if you are to be acquitted or guilty. As a defendant if in first level judgment you got the maximum conviction you always appeal twice or better you appeal and ask review, as you don't need a reason to have it granted it's your right (as we consider them part of the same trial), if you already had the top conviction can only be reduced.
What happened is that after first level judgment he was condamned to lifetime jail as lifetime is not a number his 1/3 conviction discount for saving judges time and poeple's tax money law prescribe 30 years conviction instead lifetime, during appeal judges decided he was elegible for mitigating reasons, for all kind of crimes there are six of them: high moral or social motivation pushed to commit the crime, rage caused by victim behaviour pushed to commit the crime, offender acted under suggestion of a crowd during a riot, little damages were caused, acting in association but being involved only in hiding culpirt identity, done all the possible to repair damages, but a judge can also decide for general mitigating reasons and this brougt the sentence from lifetime to 24 years (like amanda and raffaele first conviction) so reduced to 16 years for the 1/3 reduction, than actual jail time depends on conduct and can be released on parole before sentenced time, it could be out of jail during day in order to work and come back to jail for the night at first, later can get better if this works out. Anyhow it's true there is no right proportion between how brutal crimes and more common crimes are punished.
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