POST: "Will Amanda Knox be sent back to Italy?" by Matt Ford, published by the Atlantic on January 21, 2014;
GIST: "Now Knox’s
acquittal has been overturned on appeal
in the Italian Court of Cassation, raising the possibility that she
could be extradited back to Italy to serve another jail term.If the Italian government requests her extradition—the Italian
Supreme Court will likely address the case first— legal commentators see
some paths to lawfully block it. Legal scholar Alan Dershowitz observed
that double jeopardy might not affect Knox because the newest verdict
is simply a reversal of her original acquittal, not a new verdict from a
second trial – but a sympathetic federal judge might disagree and block
on those grounds nonetheless. (Unlike Italy, acquittals cannot be
appealed or overturned by higher courts in the U.S. justice system.) Slate’s Justin Peters hypothesized
that the U.S. could use Article X of its extradition treaty with Italy,
which requires the requesting nation to prove “a reasonable basis to
believe that the person sought committed the offense for which
extradition is requested,” to block her extradition.There are more drastic options the U.S. government could take to
protect Knox, though..........Peters also noted that the Italian government could simply not ask
the U.S. government to extradite Knox, which he foresees as the most
likely scenario. It wouldn’t be the first time: Italian government
officials have repeatedly demurred
on requesting extradition for 23 Americans convicted in Italian courts
for their involvement in the CIA-orchestrated rendition of Egyptian
terror suspect Abu Omar in 2003. But even if Italy does request Knox’s extradition, Kerry can still
simply refuse regardless of whether there are legal problems, says Ku.
“It would be a real diplomatic blow, and a bad policy decision in my
view, but neither illegal nor unconstitutional.”"
The entire post can be found at:
http://www.theatlantic.com/international/archive/2014/01/will-amanda-knox-be-sent-back-to-italy/283508/
See also: Daily Mail story speculating that any extradition attempts will be doomed to fail because of the manner in she was treated by Italian police - and because she did not receive a fair trial: "Once the murder sentence is confirmed by the Supreme Court, Italy can apply for Knox's extradition and arrest. But despite expected Italian efforts, experts say the US State Department will never send Knox back to a country where she was allegedly beaten by police and interrogated for hours without a lawyer or translator. Thanks to a powerful public relations campaign, and a prison memoir, Knox has successfully won over millions in the US to her cause counting Donald Trump among her supporters. Even early on senators petitioned Hilary Clinton on her behalf, claiming it was 'an anti-American trial'. And US State Department sources now reveal the 26-year-old has little to fear as she will be protected by the strength of public opinion in America. The Rome-based source confided: ‘We will never send her back to Italy. It’s obvious she hasn’t had a fair trial.’"
http://www.dailymail.co.uk/news/article-2549764/Amanda-Knox-extradition-attempts-doomed-fail-say-diplomats.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/ charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com
http://www.theatlantic.com/international/archive/2014/01/will-amanda-knox-be-sent-back-to-italy/283508/
See also: Daily Mail story speculating that any extradition attempts will be doomed to fail because of the manner in she was treated by Italian police - and because she did not receive a fair trial: "Once the murder sentence is confirmed by the Supreme Court, Italy can apply for Knox's extradition and arrest. But despite expected Italian efforts, experts say the US State Department will never send Knox back to a country where she was allegedly beaten by police and interrogated for hours without a lawyer or translator. Thanks to a powerful public relations campaign, and a prison memoir, Knox has successfully won over millions in the US to her cause counting Donald Trump among her supporters. Even early on senators petitioned Hilary Clinton on her behalf, claiming it was 'an anti-American trial'. And US State Department sources now reveal the 26-year-old has little to fear as she will be protected by the strength of public opinion in America. The Rome-based source confided: ‘We will never send her back to Italy. It’s obvious she hasn’t had a fair trial.’"
http://www.dailymail.co.uk/news/article-2549764/Amanda-Knox-extradition-attempts-doomed-fail-say-diplomats.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com