So does the US cancel its extradition treaty with Italy?

Interesting issues.

Many people are upset about the result because the US system purports to look at the facts and evidence. That said, the terms of the US-Italy treaty are of interest.

I don't think that the double jeopardy issue really applies. However, the procedures on the US end vary when a conviction is either in absentia or "contumacy."

It's interesting that in the latest trial they have changed their rationale for the murder. Previously drug fueled orgy now violent argument.

I must admit, based on the lack of solid evidence, I'm sympathetic.

Hmmmm. America expects people they want put on trial to be rounded up, frogmarched to the nearest airport to be handed over to US authorities and flown to the US to face trial and be banged up (even if what they did wasn't a crime in their own country). Let's hope Italy demands that she's taken to the airport and handed straight over to Italian authorities. If that does happen though, what's the betting, the US tells Italy to stuff it!

There's so many appeals built into the Italian legal system it'll be a while before we get to that point. But, yes, the US will refuse to extradite. It's very much a one-way street. The Italians are still fuming over this.

There are extradition hearings before anyone can be extradited and the Italian government will have to present enough evidence to convince a US judge that there is sufficient evidence that she is likely guilty.

The US often tries to extradite someone from Europe and is often turned down such as the request to extradite Roman Polanski and the refusal by the French government was based on nothing other than France does not extradited it's citizens.

How is this relevant? France doesn't have an extradition treaty with the US, Italy does.

Still think there's a cat's chance in hell of her being extradited.

France and the US signed an extradition treaty in 1996.

http://www.gpo.gov/fdsys/pkg/CDOC-10...-105tdoc13.htm

France in not one the list of countries that doesn't have an extradition with the US.

http://lunaticoutpost.com/Topic-Coun...-the-US?page=2

Even when a country doesn't have an extradition treaty, it doesn't mean that a person won't be extradited.

Exactly. No doubt we will hear how great the US judicial system is...the best in the world and how flawed Italy's is.

Interesting... however, given that Polanski's conviction was in the '70's, it presumably wouldn't apply to him?

Mr F has a habit of coming up with terms that I have to scratch my head trying to remember what they mean, this one I am pretty sure I have never come across.

I have had to many tales of people who have been screwed by the US Legal System, I am sure the Italian system is not perfect either.

Media reporting may be partially to blame, but all I have seen of the prosecution's case is some fanciful conjectures which, it is argued, are not contradicted by the known facts (which appear to be in short supply). The US system is far from perfect, but the investigation and prosecution of Amanda Knox is not something that the Italians should be proud of.

I find the 1956 Reid v Covert case to be interesting. That case involved a court martial in the UK for a murder committed in the UK. The convicted US citizen was then brought to the US to serve out her sentence. The conviction was reversed because she was tried under procedures not fitting a US criminal court. The case is still good law.

I have reviewed the Italy-US extradition treaty. In the case of extradition to face trial, the requesting party must establish a reasonable basis to believe the person committed the crime. If convicted, the requesting party need only show the existence of the conviction. However, buried later on is a statement that a conviction in absentia or in "contumacy" [a word I had to look up] will also a factual showing of that reasonable basis.

I am not an expert in extradition by any means, but I did come across such proceedings from time to time in relation to deportation. You might want to look up the history of Joe Doherty. He had been a guest of the Crown at HM Maze and departed one fine day to immigrate to Boston.

BTW, the Cavalese cable car disaster can be examined in light of the US Italy extradition.

As I said, interesting issues. In the case of the Amanda Knox prosecution, I find myself interested in the ancillary issues and the brouhaha surrounding it. Also, the public relations circus surrounding the case strikes me as counter to both UK and US practice.

He's like The Riddler