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Old 02-02-2014, 04:07 PM   #21
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For example, I believe that some countries (Canada, maybe?) that don't believe in the death penalty will not honor US extradition requests if the extraditee would be subject to execution if convicted.

So it's possible that this situation meets some criteria in the US/Italy treaty that would allow the US to deny the extradition request and still be in compliance with the treaty.
To be a member of the EU, member states must have abolished the death penalty for all offenses. If the US wishes to extradite an EU citizen to the US then they must agree that the death penalty will not be an option for the citizen concerned, even if the state in which the trial is to take place has this option. Successful extraditions to the US from the EU have taken place with this proviso honoured by the US.
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Old 02-02-2014, 04:10 PM   #22
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^ Hmm, I must admit I didn't know that.


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Old 02-02-2014, 04:26 PM   #23
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To be a member of the EU, member states must have abolished the death penalty for all offenses. If the US wishes to extradite an EU citizen to the US then they must agree that the death penalty will not be an option for the citizen concerned, even if the state in which the trial is to take place has this option. Successful extraditions to the US from the EU have taken place with this proviso honoured by the US.
true. In this case, Italy has already put her in double jeopardy, in violation of the US constitution. Knox is a US citizen on US soil, under jurisdiction of US law.

Italy can ask for extradition, but it would just be an embarrassment for them.

And this won't damage judicial relations between the US and Europe. Extradition is already spotty at best between the two continents (see Roman Polanski for one)
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Old 02-02-2014, 06:02 PM   #24
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She won't be extradited. Extradition based on an appeal by prosecution is a infringement upon what we call "double jeopardy"

In the United States, if you are acquitted of a crime the prosecutor cannot appeal on substantive grounds.

This however, is what happened in Italy. Therefore, she will never get extradited.
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Old 02-02-2014, 07:16 PM   #25
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I am hearing on this threat that everyone is saying "double Jeopardy". Is it. I know the news media is saying that, but well know attorney Alan Dershowitz indicated it is not "double jeopardy" and he has had cases like this in the US. I am not an attorney, and I do not know which one of the poster here might be, but assumptions may be wrong regarding the issue of "double jeopardy". If that is true--if no DJ is not an issue--where does that leave us. I still think that looking at all the facts, all the lies that she made, the statements, the evidence---she is guilty, but there is some reasonable doubt.
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Old 02-02-2014, 07:23 PM   #26
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I am hearing on this threat that everyone is saying "double Jeopardy". Is it. I know the news media is saying that, but well know attorney Alan Dershowitz indicated it is not "double jeopardy" and he has had cases like this in the US. I am not an attorney, and I do not know which one of the poster here might be, but assumptions may be wrong regarding the issue of "double jeopardy". If that is true--if no DJ is not an issue--where does that leave us. I still think that looking at all the facts, all the lies that she made, the statements, the evidence---she is guilty, but there is some reasonable doubt.
Is she guilty because the Italians say she is now as opposed to when they said she was not?
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Old 02-02-2014, 07:24 PM   #27
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I am hearing on this threat that everyone is saying "double Jeopardy". Is it. I know the news media is saying that, but well know attorney Alan Dershowitz indicated it is not "double jeopardy" and he has had cases like this in the US. I am not an attorney, and I do not know which one of the poster here might be, but assumptions may be wrong regarding the issue of "double jeopardy". If that is true--if no DJ is not an issue--where does that leave us. I still think that looking at all the facts, all the lies that she made, the statements, the evidence---she is guilty, but there is some reasonable doubt.
I am studying for the bar right now. Not yet an attorney, but my head is filled with lots of worthless information.

Extradition is a legal procedures. The American government cannot deprive someone of their various freedoms, without an opportunity to be heard and provide a defence. Moreover, the United States Constitution is the supreme law of the land. It reigns supreme over any treaty we might have signed with someone.

That being said, because in the United States a prosecutor cannot appeal an acquittal on substantive grounds -- the United States cannot extradite someone based on a judgment from a prosecutor's appeal on substantive grounds. It would be a violation of her Fourth Amendment rights (unreasonable seizure), as Italian police have no jurisdiction in the United States, so American authorities would have to apprehend her.

For the same reason we won't extradite someone who was, sentenced to have their hand chopped off by Saudi Arabia, we won't extradite her.
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Old 02-02-2014, 07:31 PM   #28
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I am studying for the bar right now. Not yet an attorney, but my head is filled with lots of worthless information.

Extradition is a legal procedures. The American government cannot deprive someone of their various freedoms, without an opportunity to be heard and provide a defence. Moreover, the United States Constitution is the supreme law of the land. It reigns supreme over any treaty we might have signed with someone.

That being said, because in the United States a prosecutor cannot appeal an acquittal on substantive grounds -- the United States cannot extradite someone based on a judgment from a prosecutor's appeal on substantive grounds. It would be a violation of her Fourth Amendment rights (unreasonable seizure), as Italian police have no jurisdiction in the United States, so American authorities would have to apprehend her.

For the same reason we won't extradite someone who was, sentenced to have their hand chopped off by Saudi Arabia, we won't extradite her.
Interesting. So Alan Dershowitz, the well know attorney is wrong. Glad to get your input. Someone should notify him since he has gone public regarding this issue.
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Old 02-02-2014, 07:32 PM   #29
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Interesting. So Alan Dershowitz, the well know attorney is wrong. Glad to get your input. Someone should notify him since he has gone public regarding this issue.
Hey man, I am just regurgitating what BarBri is telling me.
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Old 02-04-2014, 08:09 AM   #30
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well know attorney Alan Dershowitz
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Alan Dershowitz, the well know attorney


How well do you know him?
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What are we to do?
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Old 02-04-2014, 08:14 AM   #31
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How well do you know him?
in the biblical sense or in the facebook sense?
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Old 02-04-2014, 08:20 AM   #32
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in the biblical sense or in the facebook sense?
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Old 02-04-2014, 08:50 AM   #33
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true. In this case, Italy has already put her in double jeopardy, in violation of the US constitution. Knox is a US citizen on US soil, under jurisdiction of US law.

Italy can ask for extradition, but it would just be an embarrassment for them.

And this won't damage judicial relations between the US and Europe. Extradition is already spotty at best between the two continents (see Roman Polanski for one)
It never hurts to ask.

Can we have our drone back? Please?

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Old 02-04-2014, 11:03 AM   #34
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How well do you know him?
Just from what I see and hear in the news, court cases he has been involved in, articles written about him. He is, I thought, a national figure in the legal profession. Do not know him personally
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Old 02-04-2014, 11:50 AM   #35
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I wouldn't. They tried and convicted her, then they acquitted her. Now they convicted her again. If she were tried here she probably would've been acquitted and that's if she was even prosecuted. Furthermore, someone already stated that here in the states that's double jeopardy.

The precedent would be don't fvuck up cases, then acquit people only to send them home, then later expect their home country to extradite them because you changed your mind. The Italian courts can fvuck themselves.


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That's fine. The next time one of those brown gentlemen that scream 'death to america' all day long get arrested, they won't extend us the same courtesy.
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Old 02-04-2014, 12:18 PM   #36
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This entire trial is a joke. They convicted someone else (Rudy Guede) of the crime before the Amanda Knox trial. Then when he appealed his conviction he changed his story to include Amanda Knox. Suspiciously after Amanda Knox and Raffaele Sollecito were convicted the Italian court cut his sentence in half.

Also, the prosecution used two different stores to convict Rudy Guede and Amanda Knox (and Raffele Sollecito) that are mutually exclusive.

I don't know who is guilty, but the prosecution sure as hell made a good case for the US not to extradite a US citizen convicted by an Italian circus that can't even keep its own story straight.


Wikipedia link on the case if someone wants to read the details:http://en.wikipedia.org/wiki/Murder_of_Meredith_Kercher
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Old 02-04-2014, 04:46 PM   #37
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This entire trial is a joke. They convicted someone else (Rudy Guede) of the crime before the Amanda Knox trial. Then when he appealed his conviction he changed his story to include Amanda Knox. Suspiciously after Amanda Knox and Raffaele Sollecito were convicted the Italian court cut his sentence in half.

Also, the prosecution used two different stores to convict Rudy Guede and Amanda Knox (and Raffele Sollecito) that are mutually exclusive.

I don't know who is guilty, but the prosecution sure as hell made a good case for the US not to extradite a US citizen convicted by an Italian circus that can't even keep its own story straight.


Wikipedia link on the case if someone wants to read the details:http://en.wikipedia.org/wiki/Murder_of_Meredith_Kercher
1. Using Wikipedia as a source. (Her family is probably trolling it 24 hours)

2. If you enter into an extradition treaty with a country, you in turn validate their judicial process.

3. Our facts are based on the media here in the US. Not sure we were getting the accurate picture. They are still claiming that Christie did a ton of **** he hasn't.

You need to let the bias go and look at the facts. Whether she is actually guilty or not, she needs to go do her time. We entered into that agreement.
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Old 02-04-2014, 05:13 PM   #38
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1. Using Wikipedia as a source. (Her family is probably trolling it 24 hours)

2. If you enter into an extradition treaty with a country, you in turn validate their judicial process.

3. Our facts are based on the media here in the US. Not sure we were getting the accurate picture. They are still claiming that Christie did a ton of **** he hasn't.

You need to let the bias go and look at the facts. Whether she is actually guilty or not, she needs to go do her time. We entered into that agreement.
Constitution trumps treaty when it comes to the law.


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Old 02-04-2014, 07:07 PM   #39
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That's fine. The next time one of those brown gentlemen that scream 'death to america' all day long get arrested, they won't extend us the same courtesy.
You have to be mad to believe those two scenarios are even loosely related. Italy probably isn't even going to initiate a formal extradition request because they know the case FUBAR. Not to mention clauses in the treaty don't seem as if they'll even allow it, i.e. extraditing individuals who have already served time for the crime for which they are supposed to be extradited for. They only way they could get her was on "good faith", not because of legalities.

Moreover if a guy committed an act of terror in any western nation I'm sure no western nation would shelter the terrorist. Hell even if they did the said individual would probably have an "accident", with or without Italian permission.


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