ultrarunner

Would it have been any different in the UK?

el_richo

It would no doubt have been less soap opera-ish, yes.

Boy d

no one can be a fly on the wall.....it wasnt recorded! THat is a massive problem as there is no way to assess reliability or volutariness.

It takes very little to render a statement inadmissible and i don't need to see it all....she was denied counsel, bathroom breaks, no food or water, no translator, assaulted, threatened, lead) it's called coercion and Im amazed that this can happen in a western nation, sounds more like the third world to me.

And no corroboration. Her statement did not match the case facts. Which should have bee enough to question reliability....this was successfully argued in the appeal.

Confessions are very damming when put in front of a jury as most are of the mistaken belief that an innocent person would not confess.

In the US, Canada or the UK this case would never have seen the inside of a court room. Period.

Boy d

I never said that she did nt do it as you note, we dont know. But having investigated many violent crimes and in particular murdrers, I know a fair bit about procedure and crime scene managment and as noted, interrogations. There is no evidence. It boggles mind that even the public see cart wheels and kisses as evidence. It may cause me as an investigator to ponder such acts but i would never suggest they are evidence. Where are the witnesses, forensic evidence, reliable confessions?

This case smacks of tunnel vision, malicious prosecution, misconduct on the part of the lead the prosecutor, and unreliable and tainted evidence.

As someone who's life revolves around murder investigations, I find this case very troubling.

And no, she was sentenced to life for murder not fitting some one up....which was really due to poor police techniques and coercion not intent on the part of Knox.

Present this case to anyone with a police or justice background and they will come to similar conclusions.

Jingsamichty

At least they didn't just Tazer her to death before asking any of their questions.

JamesM

OK. I like your points.

But I am still bemused by the fact that the two wealthy people were out after 4 years whilst the poor person is still inside. I am sure their colour is just a lucky coincidence.

There is a third stage in the Italian Legal system and I have a feeling we have heard the last of this.......

How long does it take to extradite some one from the US........

ultrarunner

How long is a piece of string?

Almost Canadian

Maybe, just maybe, they have different procedures and rules in Italy. Inadmissable by Canadian standards (and by English standards as well) but, it would appear, not by Italian ones.

One wonders if she gave oral evidence at the Trial. In fact, one doesn't as one doesn't really care

Boy d

yes but the poor person's dna was inside the victim as were his fingerprints in the bedroom' he also originally said a mystery man committed the murder while he was using the can. Then following the media hype changed his story to include knox and her boyfriend. He also fled after the murders to germany.

Knox also never named this person during her original statement which is my point about lack of corroboration.

I beleive he committed the murder and attempted to blame knox and her boyfriend taking advantage of the hype surrouding them....a story of convenience one might say.

Boy d

well yes, that's clearly the issue. Doesn't say much about a supposed civilized nations legal system though.

The issues with the confession are as much about human psychology than the legality of the police actions in italy. There is a massive body of evidence around false confessions.

In the UK, interrogations are not permitted at all, in Canada only with a lot of over sight and application of the confessions rule and voir dire during trial.

Here are the supreme court's guidelines in Canada when assessing confessions (r vs Oickle):

1.the court must consider whether the police made any threats or promises. Iacobucci states that whether there is a quid pro quo for the confession will usually determine whether it was voluntary.[
2.The Court must look for oppression. That is, where there is distasteful or inhumane conduct that would amount to an involuntary confession.[2]
3.The Court must consider whether the suspect has an operating mind. The suspect is sufficiently aware of what he or she is saying and who they are saying it to.[3]
4.The Court can consider the degree of police trickery. While trickery in general is allowed it cannot go so far as to "shocks the community".[4]
it] Notes

Boy d

yawn.....nothing sensible to add then....?

Jingsamichty

My comment was no more flippant than your dismissal of a country's legal system as "third world". That's hardly a "sensible" contribution either, isi it?

Boy d

god you are a plonker in the first class .......and yes, the Italian system is a sham from what i have seen in this case. I thought you did n't care about this case?

Perhaps you can point to some examples of what they did right?

Tangram

Now now children

Boy d

good point....i shoud know better....dont get what his problem is though...seems hell bent on derailing and interesting topic, falling on tiresome digs that have no basis in reality.