for those interested in Amanda Knox extradition issue

[elleng]

Is Amanda Knox extradictable from U.S. to Italy? by Prof. M. Cherif Bassiouni

http://blog.oup.com/2014/04/is-amanda-knox-extraditable-from-the-united-states-to-italy/

[doxydad]

1. No extradition!

We should never allow this. How can you be found guilty / then innocent / then guilty? What good does it serve anyone involved to send her back? Nope. I would draw the line on this extradition, and thanks to the OP for posting.

[elleng]

2. You're welcome, doxydad.

It really isn't a matter of us 'allowing' or not, Italy is a sovereign nation, but the OP, by my law school professor, concludes:

'Whatever the interpretation of article VI may be—“same act,” “same facts,” or the broader “same conduct”—Amanda Knox would not be extraditable to Italy should Italy seek her extradition because she was retried for the same acts, the same facts, and the same conduct. Her case was reviewed three times with different outcomes even though she was not actually tried three times. In light of the jurisprudence of the various circuits on this issue, it is unlikely that extradition would be granted.

The US Supreme Court can also make a constitutional determination under the Fifth Amendment of the applicability of double jeopardy to extradition cases, particularly with respect to a requesting state’s right to keep on reviewing its request for the same acts or facts in the hope of obtaining a conviction. But, no such interpretation was given to the Fifth Amendment in any extradition case to date. Surprising as it may be, neither the Supreme Court nor any Circuit Court has yet held that the Fifth Amendment’s “double jeopardy” provision applies to extradition. So far, double jeopardy defenses have been dealt with as they arise under the applicable treaty.

Conclusion: Amanda Knox’s extradition from the United States to Italy under existing jurisprudence is not likely.'

[Gothmog]

3. Good Article

I agree that the concept of double jeopardy could prevent the extradition of Amanda Know. The Italian system of justice is based on the old Napoleonic code and the concept of the burden of proof and the right against self incrimination are very different.

[Bill USA]

4. long article, when all that is needed is to note that they have the confessed killer in jail. Why

would we let them have a U.S. citizen for their entertainment ( Coliseum style)? If they were to dare to ask I'd give them a two word answer. (anybody would know what those words are).

[elleng]

5. As I've said,

It really isn't a matter of us 'allowing' or not, Italy is a sovereign nation, but the OP, by my law school professor, concludes:

'Whatever the interpretation of article VI may be—“same act,” “same facts,” or the broader “same conduct”—Amanda Knox would not be extraditable to Italy should Italy seek her extradition because she was retried for the same acts, the same facts, and the same conduct. Her case was reviewed three times with different outcomes even though she was not actually tried three times. In light of the jurisprudence of the various circuits on this issue, it is unlikely that extradition would be granted.

The US Supreme Court can also make a constitutional determination under the Fifth Amendment of the applicability of double jeopardy to extradition cases, particularly with respect to a requesting state’s right to keep on reviewing its request for the same acts or facts in the hope of obtaining a conviction. But, no such interpretation was given to the Fifth Amendment in any extradition case to date. Surprising as it may be, neither the Supreme Court nor any Circuit Court has yet held that the Fifth Amendment’s “double jeopardy” provision applies to extradition. So far, double jeopardy defenses have been dealt with as they arise under the applicable treaty.

Conclusion: Amanda Knox’s extradition from the United States to Italy under existing jurisprudence is not likely.'

[Nitram]

6. elleng I believe you have misunderstood what was meant by...

..."we should never allow this." It refers to "we should never allow Italy to extradite and imprison Knox, not that we shouldn't allow them to find her guilty.

[elleng]

7. My point, and that of Professor Bassiouni I think, remains the same,

they are entitled to their own (peculiar) process. It remains to be seen what we will do IF they seek to extradite her.

[Nitram]

9. Italy is free to try to extradite her.

the U.S. can refuse to do so under certain circumstances, some of which would seem to apply in this case.

[IronGate]

8. Very interesting read.

I've closely followed this case and in my opinion, she was railroaded by a over zealous, corrupt prosecutor.
Amanda Knox should never be extradicted back to Italy.