Lawyers seem to think the US would have little argument to block Amanda Knox extradition

[davidn3600]

Chicago (AFP) - The United States will have little legal argument for turning down an extradition request should Italy seek the return of Amanda Knox for the 2007 murder of her British housemate.

"The Italian legal system, though I don't love it, is a legitimate legal system and we have a treaty with Italy so I don't see how we would resist," he told AFP.

"We're trying to get Snowden back -- how does it look if we want Snowden back and we won't return someone for murder?" he asked, referring to fugitive intelligence contractor Edward Snowden.

Knox's supporters argue she should be protected from extradition because the Italian system -- which allows prosecutors to appeal a verdict -- violates the US legal prohibition on double jeopardy: trying someone twice for the same crime.

Legal experts attach little weight to this argument.

"They always forget she was convicted first," said Julian Ku, who teaches transnational law at Hofstra University.

http://news.yahoo.com/us-likely-extradite-knox-italy-asks-000547631.html

“No standard appeal is available for an extradition,” Christopher L. Blakesley, professor of international law at University of Nevada, Las Vegas, told Metro. “Her defense might try to argue that the second trial and appeals violated double jeopardy. This would be problematic as the U.S. understood the nature of the Italian criminal justice system when it entered into the treaty, assuming that it met due process standards.”

Unless a clear flaw was shown in the Italian legal system, extradition proceedings could only stop at the State Department level, explained Julian Ku, international law specialist at Hofstra University, New York.

“It could become a political question as she has so much popular support. If the U.S. does not care about its extradition treaty with Italy, it might decide not to turn her over,” Ku said.

But that could be a costly decision in a sensitive climate, believes Ku.

“In general, the U.S. benefits from these treaties more than their partners, and the general policy is to cooperate where possible,” Ku said. “The [Edward] Snowden case could work against Knox – it just highlights that the U.S. needs these treaties, and it will be under pressure to comply.”

http://www.metro.us/newyork/news/national/2014/01/29/amanda-knox-verdict-puts-u-s-credibility-on-trial/

"There's room to fight extradition," Blakesley said, "and double jeopardy is the spot to fight on…. In the treaty, we functionally accept their system of justice, but it's up to a magistrate to decide whether" the double jeopardy clause of the Constitution was violated and if that trumps the treaty.

Knox's lawyers could also seek to have a prison sentence served in a U.S. prison instead of being sent back to Italy, Zagaris said.

If all else fails, Knox could be saved from extradition if Secretary of State John Kerry intervenes, according to Zagaris.

"She has raised a number of allegations about irregularities in terms of the ways she was apparently unfairly interrogated repeatedly [while in Italian custody] and so forth," Zagaris said.

"She definitely has some arguments because she has already gone through quite an ordeal."

http://abcnews.go.com/International/amanda-knoxs-guilty-verdict-raises-specter-extradition/story?id=22296604&page=2


This could very well get interesting...But we are likely a year away from the start of this battle.

[pnwmom]

1. Right. I'm very concerned about this.

I know people who went to high school with her, and knew her at UW.

She could be anyone. She's a real person who deserves our support.

[elehhhhna]

2. Double jeopardy trumps the treaty.

Her rights under the Constitiution are not superceded by a treaty.

This is why countries without the death penalty won't extradite their citizens here if they face capital charges.


Italy also recently convicted several geologists for not predicting an earthquake. Their justice system makes ours look infallible.

[Demo_Chris]

4. She has been convicted twice. And no, the geologists were not convicted for that...

If you want to know more about the geologists:

http://news.sciencemag.org/earth/2013/01/judge-laquila-earthquake-trial-explains-his-verdict

To summarize, they theoretically ignored historical evidence, failed to properly consider the danger, and gave advice that led to the deaths of 29 people. They were very specifically NOT convicted for failing to predict this earthquake.

[elehhhhna]

6. Sorry - I was misinformed, (THANKS MSM)

however, I HAVE followed this one and I do not think we should surrender her. Sticky wicket here.






We bust out on laws and treaties daily. What's one more?

[Demo_Chris]

9. I am sorry to say that you are misinformed on THIS case as well...

There's a lot of that going around here, and it's understandable -- our media has been having a ball spinning this sociopath into some kind of innocent victim. I guess that's a better story than the truth. In any case, start reading here:

http://themurderofmeredithkercher.com/Main_Page

[elehhhhna]

12. baloney. no motive, and rudy did it. physical evidence convicted him,

and she is suspect b/c random Italians think American women are sexcrazed sluts.

[IDemo]

3. DNA Expert: We know who did it. It’s Rudy Guede.

Q. You have said in the past that you know who killed Meredith Kercher. Who do you think committed the crime?

A. Well, it’s not think. His DNA spells out his identity to an assurance of one in quadrillions. We know who did it. It’s Rudy Guede. He’s serving in prison presently. He was never released. He was convicted before Amanda and Raffaele were tried, there’s no question about who did this.

http://boisestatepublicradio.org/post/idaho-dna-expert-shocked-amanda-knox-faces-new-trial

[Warren DeMontague]

10. Yes, but there's an unlikeable American who partied and had sex, still roaming free!

Plus the Daily Mail said all that nasty stuff about her, clearly she needs to be behind bars.

[Generic Other]

5. She should move to Alaska

while she still can. Live the life of a sourdough. A cabin in the wild. Off the grid. 25 years is a long time.

[elehhhhna]

7. Alaska is still America. She should go where there's no extradition treaty w/ Italy.

[Generic Other]

8. People get lost in Alaska

And you don't need papers. Also there's Canada over the next range.

But yeah, she needs an escape plan.

[Nye Bevan]

11. Here's a list of possible countries:

http://m.wsfa.com/#!/newsDetail/22665099

Afghanistan, Algeria, Andorra, Angola, Armenia, Bahrain, Bangladesh, Belarus, Bosnia and Herzegovina, Brunei, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, the Central African Republic, Chad, China, Comoros, Congo (Kinshasa), Congo (Brazzaville), Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Indonesia, Ivory Coast, Kazakhstan,

......

Somalia, Sudan, Syria, Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vatican, Vietnam and Yemen.

Quite a few choices there.

[elehhhhna]

13. on ly way to live good in most of those is if you're an expat employee of an oilco.

[Generic Other]

14. How to get to those places from Seattle?

Especially if they stop you at Sea-Tac. No, women can blend into the landscape easier. Especially ones like Amanda. Get a big burly man to marry her, hide out in suburbia or the wilds of Alaska or Montana, have a few kids, grow older, join the PTA...get caught 20 years later...(okay that may be the flaw in my plan)...

[kcr]

15. Some lawyers seem to think that. There are plenty who don't. I wouldn't bet either way.

But I have a feeling she won't be going back.