Tag Archives: fifth amendment

An Article About Remedies When You Don’t Answer the Cops and They Retaliate

It’s quite clear that you do not have an obligation to answer an officer’s questions, especially if it could tend to incriminate you. But what happens when they use force when you don’t? The answer is not clear, but this article¬†from the Volokh Conspiracy blog¬†takes a great in-depth look at the different rights bestowed by the fifth amendment:


Amanda Knox Appeal to be Decided by Italian Supreme Court Tomorrow Morning

Amanda Knox, the American student charged with her roommate’s murder while studying abroad in Italy a few years ago, may be nearing the end of her saga. She was initially convicted of the murder of Meredith Kerchner, along with her former boyfriend Raffaele Sollecito. Separately, a man named Rudy Guede was also convicted of the murder. Prosecutors insist that Knox and Sollecito were involved. The trial was an international media sensation, due in part to Ms. Knox’s attractiveness. The British tabloids dubbed her Foxy Knoxy, and she was condemned in the Italian press even before her trial.

Amanda Knox

Amanda Knox

The Italian courts held an appeal, and the convictions against Knox and Sollecito were both thrown out due to lack of evidence. They had already spent four years in prison on the case, and the prosecutors vowed to appeal. That appeal was argued before the Supreme Court, and the Court has announced they will issue their decision tomorrow. If Knox wins, she can finally put this ordeal behind her. If prosecutors are successful, the case will be returned to a lower court, and she could be forced to stand trial again.

Such a retrial would not be permissible under U.S. law, as our Constitution prohibits trying someone twice for the same offense. As such, if it were sent back, the United States may refuse extradition based on our own legal principles. It is too early to speculate and further than that, pending the decision to be issued tomorrow by the Italian court.