Tuesday, March 26, 2013

Amanda Knox: Worst Roommate Ever


Oh, hai.

I got a few emails bout Amanda Knox, the legal situation is a bit complex and confusion because Italian criminal law is so different from American.

1) Will she actually be re-tried??

Yes, I think it is likely she gets re-tried in Italian court--but with a big ****, she will likely be tried in absentia (without her there) for reasons discussed below.

2) Will she be extradited either pre-trial or post conviction?

Not just "No" but "Hell, No."  The court has discretion whether to order her back for the second trial, but from what I have read that is unlikely for political and practical reasons.
The more interesting case is if she were to be convicted during the second trial.  First, she would have an appeal to the Italian Supreme court much the same way her original conviction was thrown out. Second, the Italian government would have to convince the U.S. to extradite her. That is where it get's interesting.

There is a legal theory that will usually stop extradition called "dual criminality."  Dual criminality required that the crime in County B (Italy) that seeks extradition must also be a crime in Country A (USA). So a good example would be when one of these Muslim countries "convicts" an American for some sort of blasphemy or religious offense that is punishable by death. Since we have the First Amendment this is not a crime in this country, hence extradition to County A would not happen. This is an extreme example since we don't have extradition treaties with Iran, but really not out of the realm of possibility considering countries like Germany have criminalized Holocaust denial.

So, clearly murdering your roommate is a crime in both countries. The interesting part is that the countries differ substantially in the procedural right of double jeopardy under the Fifth Amendment.
Amanda Knox was acquitted after the Italian trial. Today some sort of appeals court through that acquittal out and ordered a new trial.  That could never happens in the U.S. legal system because a retrial (and even appeal) is barred by double jeopardy. Since the Italian courts didn't follow the U.S. Constitutional rule then the extradition is likely off the table. 

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