Amanda Knox is to be retried...if they can get her...

[Nunya]

Italy's highest court has overturned her 2011 acquittal.
But she's back in the States and they (Italy) can't force her to go back to Italy for the retrial. So what's the damn point????

[kia027]

By RUSSELL GOLDMAN (@GoldmanRussell)
March 26, 2013

Today's ruling by Italy's Supreme Court ordering a new murder trial forAmanda Knox guarantees the legal drama will drag on for several more years and will be expensive.It also raises the possibility that if Knox is found guilty and that verdict is upheld by Italy's Supreme Court, Knox could eventually face a request to extradite her and put her back in prison.An extradition request would likely turn on whether being prosecuted again after being exonerated constitutes double jeopardy.Knox and her ex-boyfriend Raffaele Sollecito were convicted in 2009 after a lengthy and controversial trial for the murder of her British roommate Meredith Kercher in 2007. Knox was sentenced to 26 years in prison while Sollecito got 25.That verdict was tossed out in 2011 by an appeals court that blasted the prosecution's handling of critical DNA evidence and the case in general.Knox had hoped today's Supreme Court ruling would uphold her innocence and put an end to her six year ordeal. Instead she was "shocked" when the court ordered the appeals court to retry the case.Knox, 25, now faces years of legal maneuvering and hearings starting when the case is expected to go back to trial early next year.

Mario LaPorta/AFP/Getty Images

Amanda Knox is seen at the court in Perugia,... View Full Size




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FULL COVERAGE: The Amanda Knox TrialKnox, who has already spent four years in an Italian prison, does not intend to return to Italy for the proceedings, possibly putting her lawyers at a disadvantage. She won't be able to testify on her own behalf and she won't be able to take advantage of Italy's right of "spontaneous declarations" in which the defendant can stand and make a statement to defend herself against particular testimony.Her absence at the new trial could prompt the appellate court to declare her in contempt of court, but that carries no additional penalties.The outcome of the retrial is certain to be appealed to the Supreme Court by whichever side loses.If Knox is again convicted and the verdict is upheld by the Supreme Court, Italy would be expected to seek her extradition in order to put her back in prison."We've got a [extradition] treaty," said Bruce Zagaris, a Washington-based attorney who specializes in extradition cases. "The Senate has already ratified that treaty and decided that Italy is a country with which we ought to have a treaty. They wouldn't have ratified if they didn't think the Italian process was fair and due process was sufficient.""She can try to fight extradition, but it will be an uphill battle," Zagaris said.In the American legal world being retried for the same crime sounds like "double jeopardy," a principle in the U.S. judicial system and enshrined in the Constitution that outlaws being tried twice for the same crime.American unease with double jeopardy could give Knox a "fighting chance" to appeal any extradition in a U.S. court, said Christopher L. Blakesley, a professor of international law University of Nevada Las Vegas."There's room to fight extradition," Blakesley said, "and double jeopardy is the spot to fight on?. In the treaty, we functionally accept their system of justice, but it's up to a magistrate to decide whether" the double jeopardy clause of the Constitution was violated and if that trumps the treaty.Asked about Knox's prospects for extradition, a State Department spokesman said "we never talk about extradition from the podium," during the daily briefing for reporters, and said the U.S. would wait for the final explanation from the Italian Supreme Court before commenting

[kia027]

The US has an extradition treaty with Italy so if she is found guilty in the retrial she could be extradited to serve her sentence.

[Gen]

legal analysts doubt that she will be extradited because if them re try the case, then there is also appeals for that verdict \0/

one endless merry go round of appeals

some of the evidence mussie tainted and in question and hawse dead and cowfat. just one big waste a time with the appeals process

they also point to the case where the military individuals did lick dung the sky tram and killed the Italians, and the US refused to have the trial there/extradited, but opted to try the case in US courts and the soldiers (or whatever them was) were acquitted

not quite the same since she is a regular citizen of the US, but them using that case (since dem seh there is no precedence)

[Tropicana]

I never really understood this case and I am not even going to try to wrap my head round it. MUCH too complicated.

[Nunya]

By RUSSELL GOLDMAN (@GoldmanRussell)

It also raises the possibility that if Knox is found guilty and that verdict is upheld by Italy's Supreme Court, Knox could eventually face a request to extradite her and put her back in prison.

This is the part I don't get. Would she not have to be extradited before she could even possibly be found guilty? Or can they convict her in absentia?

I've always thought she got away with murder and the black man took the fall...

[Wahalla]

The Italians took umbridge at the implication of her aquital... A young pretty girl was killed and the poor black man go to prison, while the rich white people went free, they think it is an indictment of their system that would equate them to the yankis... they take this one seriously....I have been told this a number of times... And yesterday it was stated openly in the BBC reporting...