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Old 01-30-2014, 04:33 PM   #233
Flabbibulin
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I think Italy allows 3 trials and appeals... so this could be appealed by defendants again, won, and sent back to the courts even one more time.

With regards to extradition, many are suggesting that the US government will refer to the principle of double jeopardy, believing she has already had her day in court and won the appeal- even though this doesn't apply in Italy.

Older article, but this sums it up:

http://blogs.lawyers.com/2013/08/ama...tion-unlikely/

Quote:
Even the possibility that Knox would be retried may seem strange to Americans. The Fifth Amendment to the U.S. Constitution prohibits “double jeopardy,” meaning a person can’t be tried twice for the same crime.

Like most European nations, Italy does not forbid it, treating a retrial as a simple continuation of the first one. “Under Italian law, a prosecutor can appeal an acquittal,” confirms Adam H. Rosenblum of The Rosenblum Law Firm in Albany, N.Y.

Her home country seems to be taking her side. “Since the principle of double jeopardy is highly regarded in the United States, experts believe that there is a good chance the United States will not extradite her to Italy for trial,” Rosenblum says. “However, under Italian law she can be tried in absentia.”

Last edited by Flabbibulin; 01-30-2014 at 04:37 PM.
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