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I heard her saying she had no intention of voluntarily returning to Italy ( surprise surprise ) but don't they have an extradition treaty with the USA and if the courts decision is ratified can the USA refuse to send her back ?
they cannot refuse if the courts decree it - well technically they could but its unlikely
USA has a pretty decent record on extradition - unless it is military personel who never get extradited.
They can and they will.
Given that Warren Anderson didn't get extradited for killing 14,000+, I think it's pretty unlikely.
Discussed on pm.
She's likely to defend extradition on the double jeopardy argument - the series of trials in Italy is utterly different to US procedures.
It would be a brave president that allowed it. So no, not any time soon.
I suspect Italy will bring a great deal of financial pressure to bear on the US to make this happen.
Oh.
She is a "citizen of Rome" so she won't be extradited.
The US generally honours the extradition treaty between itself and Italy. I [i]think[/i] the last time it didn't was for some CIA guys that abducted a terrorism suspect from Milan. However, the "Amanda Knox is innocent" PR machine has massive momentum stateside - and will no doubt feed off "them damn liberal Yerpeans" feeling, despite Italy being one of the USA's stronger allies this side of the Atlantic. I'd be surprised if she's extradited - it'll be interesting to see how this pans out.
The US has a double jeopardy rule. You can not be tried for the same crime twice. I think it will be a long process if she is ever actually extradited. She has an awful lot of public support and sending her back would be a very unpopular move.
From what I read double jeopardy can not apply because she was found guilty first time and also it only applies to trials held in the USA .
One law for them another for everyone else.
Yes she can be extradited. Note she has NOT been tried twice. She was convicted, won an appeal and that appeal was challenged and overturned so original trial verdict stands.
the expert on pm seemed pretty sure she would be. Any tit for tat on extradition from the Italians might mean some Mafia king pin escaping "US Justince".
Not how I heard it klunk.
expert/guest:
extraditions are by and large approved by the USA. They usually honor extradition requests and the chances of resisting are quite narrow.
so how do you read it ?
They usually honor extradition requests and the chances of resisting are quite narrow.
I read it as no case having this much precedent wrt public interest, and the majority of that public interest believing that the subject of the extradition warrant being innocent. Of course, we all realise that the law ignores that level of public interest. 🙂
by the time they get the papers in for extradition there will be another appeal on of the appeal and a completely new verdict could be handed down. Expect a red tape exercise to delay as long as possible.
If push comes to shove I imagine she will be "ill" and unable to travel on medical grounds. Or something.
Anyway, on the more important issue of her new hairdo, I like it.
Frankie Boyle suggested on twitter that Italy should just launch a drone strike on her.
Klunk - I read the bit after that which youve not tyoed out.
Yep she can be extradited unless the president says no. At least that's what they are saying over here in the good old USA.
Looks like the circumstantial evidence was even more upheld at recent appeal.
Weird triple jeparty system in Italy for sure.
And no. ..... I don't like the new hairdo.
There is a significant amount of political hay to be made both from extraditing her and refusing to do so. It also depends on the affiliation of the supreme court judge that eventually hears the case,as it will end a constitutional matter. She will be free for years yet,when and if she gets close to being huckled,expect the miracle of creation to occur as that will buy her another stay. I would like a quick and quiet resolution for the victims family,but that isn't ever going to happen.
Yep what a mess. Especially terrible for Kerchers family. It's now what 6-7yrs since Meridiths death?
I guess that the Italian judge has made a name for himself over this - not being cynical you understand!
This is a pretty good explanation of what may happen in this case. There are numerous decisions to be made in both the Italian and American governments if she is to be extradited.
[url= http://news.yahoo.com/amanda-knox-39-guilty-verdict-raises-specter-extradition-224944932--abc-news-topstories.html ]http://news.yahoo.com/amanda-knox-39-guilty-verdict-raises-specter-extradition-224944932--abc-news-topstories.html[/url]
Edit - after reading the above a second time, I think that its a pretty good and rather unbiased summary of what may happen. The only error that I see may be the terminology of being found innocent. In the US, the person on trial is either found "guilty" or "not guilty" (i.e. they could darn well be guilty, but there wasn't strong enough evidence of guilt presented in court for the jury to convict them). I have no idea what the proper terminology is in the Italian legal system, so it may be correct there.
Yup that Yahoo article is in line with the R4 one.
the supreme court judge that eventually hears the case
Why would the Supreme Court hear the case? And why wouldn't the full bench be sitting?
The US has a long and glorious history of demanding the extradition of people from other countries just to stand trial for alleged offences and using their political might and bullying to achieve this and not extraditing their own citizens even when they have been found guilty by a foreign court.
She will not be extradited.