Posted on 02/01/2014 6:55:33 AM PST by yldstrk
I don’t
In general, countries don't extradite to other countries when they themselves would not prosecute. An example of this is when other countries won't extradite murderers here unless we promise not to execute them. Another is when we don't extradite to, say, Saudi Arabia a woman wanted for driving a car illegally.
In this case, what Italy did amounted to double-jeopardy because she was first acquitted by a higher court, and then retried. Since that is technically illegal here, then we shouldn't send her to face punishment there. If Holder does anyway, that would be "not faithfully executing our laws."
There is a whole lot of fighting going on because a lot of people think she's guilty as heck, I understand that, but it's more important to me that we stick to the law.
I am not a lawyer, but I think you are are. What do you think of my post #118? Bear in mind, I’m trying to stay away from the question of whether she’s a murderer or not, I just want to know if I understand the principles of extradition correctly.
Well here’s the bottom line:
It wasn’t anything that anyone said or the work of the crack Italian interrogators that solved the crime.
It was the cr*p that Guede left in the toilet that solved the crime.
Knox said that she saw cr*p in there but just left it there.
It’s a good thing she didn’t flush it otherwise they may have never traced the murder to Guede.
And what was in there was just a drop in the bucket compared to what he left in the other room.
Sorry, meant #122 (reply to 118).
Remember France would not extradite Ira Einhorn back to the US, until they were assured he would not face the death penalty.
you know i believe you’re correct. they found all sorts of DNA evidence though linking him and he opted for a trial without a jury. Do you disagree that his sentence was over 20 years and then pointed the finger at the other two and had his time cut by about 10 years?
Correct. And that’s what has me thinking we shouldn’t extradite in this case. This Knox person may or may not be guilty, but she got an acquittal in the higher court. This could be considered a rogue prosecution, by our rules. I remember when that au Pair in New England got acquitted by a judge: It was holy Hell in the press, but acquitted is acquitted, that’s all folks.
Did you read about the case? The DNA on the bra was contaminated. Collected with dirty gloves.
Why didn’t the killer whose DNA was all over the scene say they were involved initially? How is it he was sentenced and then decided he had help and oh my his sentence is slashed?
I see. The thing is, though, it`s not double jeopardy. As i said in my previous post, as long as an appeal is possible the verdict isn´t final, so she is not being prosecuted twice for the same crime.
Yes, the Extradition Treaty says in Article II that to be an extraditable offense it has to be “ punishable under the laws of both Contracting Parties by deprivation of liberty for a period of more than one year or by a more severe penalty” but there can be no doubt that murder is just such an offense.
The only proviso in the Treaty for double-jeopardy is to be found in Article VI, stating clearly that “Extradition shall not be granted when the person sought has been convicted, acquitted or pardoned, or has served the sentence imposed, by the Requested Party [here: the US] for the same acts for which extradition is requested.” So, if Knox had been tried and acquitted by an US court extradition would be illegal. As things are she has to be extradited if the US indeed want to stick to the law
She accused her boss initially. She was shown some text message i believe and blamed him. he was acquitted instantly.
As long as she can appeal it's not double jeopardy? I dunno about that. Under that understanding, we could have tried OJ Simpson a second/third/fourth time because he could have appealed each time. That seems screwy. Maybe if, on appeal a defendant gets a remand for a new trial (with new instructions) that would be the case, but it appears in the Italian court, they acquitted her outright.
Well, if he’s tried again he can always appeal, so he needs to watch it because they can always try him again. New legal theory.
No, it’s a weed. It grows wild.
She repeatedly changed her stories and her initial one is an obvious lie. Then there is the matter of trying to get an innocent man framed for the murder, who just happened to be African like convicted killer.
She is an excellent actress who is obviously good at conning people.
If the U.S. thought the Italian system was a mess they wouldn’t have signed an extradition treaty.
Who was African just like the convicted killer. What are the chances of that in Italy ? Unless she was trying to muddy the waters.
The getaway car driver is just as guilty of murder as those inside the bank that shoot and kill the security guard.
Yeah that’s what I read, they used luminol and found her footprints in the blood. Hello, how did they get there?
* * *
Who found the body? Or are there five different versions of that story too? I wonder if she saw Meredith all bloodied up, ran to her (in the shoes), realized the girl was dead, thought “Oh sh**, they’ll never believe me,” and decided to lie and say she was never there at all (and try to clean up the footprints). Bloody footprints doesn’t mean she did anything herself, but it does seem to indicate she had some sort of knowledge, though it could have been knowledge after the fact.
Me thinks your ‘argument’ stinketh...
The answers to some of your questions are here:
http://en.wikipedia.org/wiki/Murder_of_Meredith_Kercher
Discovery of the Body:
When Kercher did not answer her door, which was locked, Sollecito unsuccessfully tried to break it down, then called the carabinieri.
Before they responded the police arrived, having traced mobile phones found in a garden to Via della Pergola 7.[28]
The officers were told the carabinieri had been called, that a window had been broken, and that there were spots of blood in the bathroom. One of the Italian flatmates arrived with her friends.
Dempsey writes that in rummaging around, looking for anything that might be missing, she inadvertently disturbed the crime scene.[29]
On discovering that the phone Kercher always carried with her had been found in a garden, her Italian flatmate became alarmed and requested that the police force open the door to Kercher’s bedroom, but they declined.
Instead, a male friend of the Italian flatmate broke down the door at around 1:15 pm.[30]
De Nada
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