Amanda Knox Guilty in Retrial in Italian Murder Case

Amanda Knox

Amanda Knox

Amanda Knox and her former paramour Rafalle Sollecito were found guilty by the Italian appellate court hearing the retrial of their murder charges. The court essentially reinstated the guilty verdict from the first trial, which had be thrown out on appeal, then sent back for this retrial on second tire review. This verdict will also be appealed. Knox remains out of custody in the United States. If a final judgment is entered, Italy may seek her extradition back to serve the 28 year sentence. Such a judgment is months if not years away, pending the new appellate process. Knox has indicated she will not return voluntarily if ordered back into custody.

Extradition will not be automatic. Italy and other countries often refuse extradition to the United States for murder cases, due to the death penalty here. That won’t be an issue for extradition from the United States, but there are several challenges. The U.S. courts could have a due process concern, as the Italy appellate process resembles a retrial, which generally wouldn’t be permitted under our double jeopardy provision. Such concerns will only come up if the verdict is upheld.

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2 responses to “Amanda Knox Guilty in Retrial in Italian Murder Case

  1. In fact, extradition between the States and Italy is very straight forward and absolutely nothing stands in the way of Knox being sent back to serve her 28.5 year sentence. A very clear and concise article on those treaties which will make this happen has been posted on True Justice. The ONLY thing that would prevent Knox’s return to Italy is if Italy herself does not seek extradition. This is not going to happen.

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