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ibstubro's avatar

Do you think Amanda Knox will be extradited from the US to Italy in order to serve her 28 year sentence?

Asked by ibstubro (11882 points ) January 31st, 2014

Follow-up to this: question from Dutchess_III.

The options would seem to be:

Simply extradite.

Broker a deal with Italy that she serve her sentence in the US (opening the possibility of greatly reducing her sentence, or even a pardon.)

Refuse to extradite, and flaunt international opinion/law.

If there are other options, fill us in. I’m no lawyer, and certainly ignorant of international law.

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29 Answers

talljasperman's avatar

No… if seems like such an incredible farce. I think that they just thought she was attractive and wanted to make a name for themselves.

MadMadMax's avatar

I believe that would be double jeopardy by American law and nobody is extradited once found innocent.

ARE_you_kidding_me's avatar

The U.S. Does not allow someone to be tried twice for the same crime, she will not be extradited.

laurenkem's avatar

I just happened to catch some of the talking heads discussing this topic earlier today. They said that the US requests extradition for more criminals than any other country. Therefore, if the US denies any request from Italy for extradition, it would jeopardize any of our future requests. I don’t know if any of that exchange had any factual basis.

MadMadMax's avatar

Has anyone read The Monster of Florence. It’s a fantastic book about a real murderer who was killing coupes in Florence Italy from 1968 to the late 80’s.

An American writer fell in love with Italy (easy to do). Moved there with his wife and kid. Heard about the murders and decided to write his next book about the crimes and clues. he meets and befriends a newspaper reporter, who becomes a source for ongoing information.

Ultimately, the author was arrested. They determined he knew too much about the story and must be the murderer. He went on trial.

He ran back to the US and when he was gone, they arrested the reporter.

The author can never return to Italy. He’ll be arrested.

One of the officials was getting letters from an elderly woman who told him the virgin mary was talking to her and telling who the murderer was.

Great huh?

Ya gotta read the book. It’s fantastic.

http://www.crimelibrary.com/serial_killers/predators/monster_florence/1.html

The Monster of Florence: by Douglas Preston and Mario Spezi
Amazon.com
Http://www.amazon.com/Monster-Florence…/dp/1455573825‎
Douglas Preston weaves a captivating account of crime and punishment in the lush hills of Florence, Italy.
Amazon Best of the Month, June 2008:
When author Douglas Preston moved his family to Florence he never expected he would soon become obsessed and entwined in a horrific crime story whose true-life details rivaled the plots of his own bestselling thrillers. While researching his next book, Preston met Mario Spezi, an Italian journalist who told him about the Monster of Florence, Italy’s answer to Jack the Ripper, a terror who stalked lovers’ lanes in the Italian countryside. The killer would strike at the most intimate time, leaving mutilated corpses in his wake rom 1968 to 1985.

One of these crimes had taken place in an olive grove on the property of Preston’s new home. That was enough for him to join “Monsterologist” Spezi on a quest to name the killer, or killers, and bring closure to these unsolved crimes. Local theories and accusations flourished: the killer was a cuckolded husband; a local aristocrat; a physician or butcher, someone well-versed with knives.

Add to this a paranoid police force more concerned with saving face and naming a suspect (any suspect) than with assessing the often conflicting evidence on hand, and an unbelievable twist that finds both authors charged with obstructing justice, with Spezi jailed on suspicion of being the Monster himself.

The Monster of Florence is split into two sections: the first half is Spezi’s story, with the latter bringing in Preston’s updated involvement on the case.

bolwerk's avatar

I don’t know the answer in this case, but it lies in whatever extradition treaty exists between the USA and Italy. I seriously doubt refusing to extradite her, under the circumstances, is a violation of that treaty.

GoldieAV16's avatar

It will be interesting if we do extradite Knox, after not extraditing in the case of the Cavalese cable car massacre.

And it will be interesting if we don’t extradite Knox, given that we’re seeking the extradition of Edward Snowden.

Hopefully, she’ll win on appeal, and we’ll never be facing that Sophie’s Choice.

Darth_Algar's avatar

All I know is that I’‘m crossing Italy off my “to visit” list.

MadMadMax's avatar

Cutting Italy ofg your list of vacation list is a your major loss. Especially Tuscany, it is truly amazing.

One of my children did graduate work for almost four years in Italy and it enriched him in many ways. He never crossed swords with the cabinare.

He’s been all over the world now, but he returned from Italy an independent open minded, rather brilliant cosmopolitan man, if I do say so myself.

Don’t blame the country – we don’t even really know the facts of the case.

I think double jeopardy will be her saving grace. But I have no idea if she is guilty or not.

ibstubro's avatar

Issued today, in case anyone it interested in the question:

The rules governing the U.S. extradition relationship with a foreign country are specified in the applicable extradition treaty.

The Department of State works very closely with the Department of Justice’s Office of International Affairs on extradition matters.

The Department of State’s responsibilities include:

—In coordination with the Department of Justice, reviewing and processing requests to and from foreign governments for the extradition of fugitives and advising on obligations set out in applicable extradition treaties;

—Making the final determination on whether to surrender a fugitive to a foreign country after a U.S. district judge or magistrate judge has determined, among other things, that the charge underlying the extradition is covered by the treaty and that the evidence presented is sufficient to sustain the charge; and

—Carrying out consular visitation and other protective services for U.S. citizens incarcerated or detained overseas.

It is the policy of the Department not to comment on specific extradition requests, including whether a request has or has not been made in a particular case.

(highlight is my own.)

GoldieAV16's avatar

If you’re going to cross countries off your list for having a justice system inferior to ours, you’ll be pretty much staying home. <—my humble opinion

1TubeGuru's avatar

It would be a shame if the US allowed Italy to extradite Amanda Knox. i mean really she had her conviction overturned on appeal and then the prosecution got to have another go at her ? what kind of justice system are they running in Italy anyway?

ibstubro's avatar

Six Things To Know about the Amanda Knox ordeal, including considerable opinion that she can (and might) be extradited.

Knox has been convicted twice, with the first conviction having been reversed.

@1TubeGuru, “Despite Thursday’s verdict, the case is not necessarily closed. Either side can appeal a verdict they are unhappy with, under Italy’s three-strike trial system.”

bolwerk's avatar

@GoldieAV16: going by outcomes the the U.S. has a considerably worse justice system than most European countries, probably including Italy.

And Italy’s is one of the worse in Europe. Then again, Italy is probably the only G7 country besides the U.S. that has such a strong fascist bloc in its politics.

GoldieAV16's avatar

@bolwerk I think that’s subject to opinion, and a variety of criteria. I won’t dismiss the flaws in our justice system, especially as it applies to “equal protection under the law,” but those are problems with application, not the system itself. But I get what you’re saying.

bolwerk's avatar

@GoldieAV16: What criteria? Protections like no double jeopardy are respectable, but they don’t stop the USA from having a justice system that has put a population bigger than Paris or Rome in prison. There is nothing comparable to the European Convention on Human Rights (also proscribes double jeopardy) in the USA, which this Knox affair is almost certainly in violation of.

OTOH, I could see Italy being more like Texas if it didn’t have the EU and ECHR over it. :-\

rojo's avatar

Knox is going to have to show that the extradition is illegal for some reason in order to stop it. She doesn’t have to prove or disprove innocence.

ibstubro's avatar

Yes, @rojo. Violates the US double jeopardy law or the DOS determines that: “the charge underlying the extradition” is NOT “covered by the treaty and that the evidence presented is NOT sufficient to sustain the charge”.

rojo's avatar

She is gonna need a decent lawyer @ibstubro’ and a sympathetic hearing.

ibstubro's avatar

@rojo Top notch lawyer and sympathetic hearing ends it, in my book.

Pachy's avatar

According to this piece—and I’ve seen several others like it—there’s a good chance she will be. Personally, I think she was an accomplice.

Darth_Algar's avatar

Relax folks, it was a facetious comment. The chances of me actually being able to travel to Italy are slim, at best. Not to mention that if I ever am in a position to trek across the globe there are several countries higher on my list than Italy.

rojo's avatar

@Darth_Algar

Imagine my relief.

bolwerk's avatar

Italy is worth going to, but it probably shouldn’t be allowed to have a government.

ragingloli's avatar

Italy could just send a covert strike team to the US to apprehend Knox, or kill her if she resists.

jaytkay's avatar

Italy could just send a covert strike team to the US to apprehend Knox

She’ll need a safe place to stay. Like my place.

Call me, Amanda!

jca's avatar

What I think she should be concerned about is if she ever visits another country, and they decide to capture her on behalf of Italy and extradite her.

ibstubro's avatar

I agree, @jca, that until it’s resolved, AK will have to be careful of leaving the US. Legal and quasi-legal attempts to return her to Italy.

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