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DanTex

(20,709 posts)

57. OK, or I could tell you to read the Nencini report, which refutes the Hellman report...

Fri Mar 27, 2015, 01:07 PM

Mar 2015

It explains quite clearly why the refutations of the DNA evidence cited in the Hellman report cannot be used to disqualify the forensic evidence.

And so on.

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Should the United States extradite Amanda Knox if the Italian government requests it? [View all] DemocratSinceBirth Mar 2015 OP

For those that would care to look at the Treaty before rendering an international law legal opinion: Fred Sanders Mar 2015 #1

Italy passed legislation AFTER the treaty was signed that had a huge impact on the fairness of the pnwmom Mar 2015 #24

Thanks, pnwmom. elleng Mar 2015 #29

Thank you! nt pnwmom Mar 2015 #30

Someone can't read Spider Jerusalem Mar 2015 #58

'Someone' is an attorney, elleng Mar 2015 #60

So? Doesn't make him any less wrong. Spider Jerusalem Mar 2015 #62

Some folks are not reading the actual Treaty or understanding it, or why there can NEVER be another trial by Fred Sanders Mar 2015 #67

Evidentiary rules of admission of recorded out of Court statements in criminal trial procedures do not meet any of the treaty exemptions. Fred Sanders Mar 2015 #31

The US could never have anticipated the need to have such an exemption in the treaty, pnwmom Mar 2015 #34

All of what you say may be true, but the rule of law remains. The current treaty is what governs. Fred Sanders Mar 2015 #41

Except this particular "evidentiary change" removed the presumption of innocence, which is a basic pnwmom Mar 2015 #45

I disagree with your opinion of the result being so drastic...no one would bring that argument up Fred Sanders Mar 2015 #48

Ultimately the State Department will decide, not a judge. All a judge will do pnwmom Mar 2015 #50

A re-trial is not double jeopardy. Happens all the time, right in America...appeals are not trials. Fred Sanders Mar 2015 #55

The Italian system is not comparable to ours. Our "appeals" only look at the pnwmom Mar 2015 #59

All I can say is your comparisons between these two legal systems is erroneous on several points. Fred Sanders Mar 2015 #66

In what respect? You obviously aren't familiar enough with the Italian system to say. n/t pnwmom Mar 2015 #73

Ditto to you on the American criminal law system. Fred Sanders Mar 2015 #76

You're the one making the claim. Demonstrate it. What errors have I made? pnwmom Mar 2015 #77

Or at the very least should be renegotiated. KamaAina Mar 2015 #64

Fuck Alan Dershowitz and his half baked opinions. MADem Mar 2015 #89

Indeed kcr Mar 2015 #111

And given that Miss Knox's case has been overturned, with no future redress available to that MADem Mar 2015 #112

No. LuvNewcastle Mar 2015 #2

You would think our diplomats and their diplomats can come to a mutually face saving solution./NT DemocratSinceBirth Mar 2015 #3

I agree. LuvNewcastle Mar 2015 #5

I was reading when Hillary Clinton was SOS DemocratSinceBirth Mar 2015 #9

And our diplimats, negotiators and representatives dumbcat Mar 2015 #10

Hard cases make bad laws./NT DemocratSinceBirth Mar 2015 #12

Its not just Europe. Italy has extradition treaties all over the world. former9thward Mar 2015 #15

No, though I believe she is factually guilty. Chan790 Mar 2015 #4

I don't know how anyone who has looked at the evidence can say that. FourScore Mar 2015 #11

All of that not-withstanding... Chan790 Mar 2015 #18

It would not be hard for a strong man armed with a knife to rape and murder a smaller woman. pnwmom Mar 2015 #25

Chan doesn't seem to know much about male female physical interactions. dolphinsandtuna Mar 2015 #68

Her parents said that this petite woman had taken some kind of self-defense lessons, pnwmom Mar 2015 #72

The biggest factor is not the evidence, but where a person lives. DanTex Mar 2015 #19

Bottom Line: As bad as the US court system is, Italy's is absolutely horrific by comparison. -eom- HuckleB Mar 2015 #6

I don;t know if she did it... Adrahil Mar 2015 #7

No. NCTraveler Mar 2015 #8

Do whatever they would normally do under the law treestar Mar 2015 #13

Rule of law. Believe in it or not. This is an actual white hat/black hat question. Fred Sanders Mar 2015 #36

Yes, in the interest of Justice dissentient Mar 2015 #14

If the U.S. is not going to honor a treaty they should not have signed it. former9thward Mar 2015 #16

After the US signed the treaty, Italy passed fast track trial legislation that effectively removed pnwmom Mar 2015 #33

Was the treaty changed? How do in-trial evidentiary law amendments fall within the exemptions in the treaty? Fred Sanders Mar 2015 #37

They don't. The justice system was changed. The treaty was signed pnwmom Mar 2015 #42

It is an evidentiary and criminal procedure change, not a question of fundamental rights. Fred Sanders Mar 2015 #44

The right to confront your accuser IS a fundamental right pnwmom Mar 2015 #47

The right to confront your accuser is not a fundamental right? TexasMommaWithAHat Mar 2015 #91

Actually, it's Italy, and not the U.S., who is attempting to circumvent the treaty. Xithras Mar 2015 #65

"An acquittal was issued" is not the same as your phrase "was aquitted". The words are different.... Fred Sanders Mar 2015 #70

More "people can't read" Spider Jerusalem Mar 2015 #75

You know what. You're right. I read that wrong. Xithras Mar 2015 #87

Thank you, Counselor! KamaAina Mar 2015 #97

That's fine...we would just kidnap them off the streets of Milan alcibiades_mystery Mar 2015 #95

What evidence is there that she even might have done it? RedCappedBandit Mar 2015 #17

For example, a knife with her DNA on the handle and the victim's on the blade. DanTex Mar 2015 #20

From what I recall that was largely debunked. RedCappedBandit Mar 2015 #23

That depends who you ask. DanTex Mar 2015 #28

Reasonable doubt. Reasonable doubt. Reasonable doubt. What is the point of your continuing pnwmom Mar 2015 #43

I was responding to a question about the DNA knife. DanTex Mar 2015 #49

Please read the Hellman report section by the two Court-appointed independent forensic pnwmom Mar 2015 #53

OK, or I could tell you to read the Nencini report, which refutes the Hellman report... DanTex Mar 2015 #57

I have read the Nencini report and if you have, you must realize that it is nonsense. n/t pnwmom Mar 2015 #63

Yes I suppose you could find countless pages one way or the other RedCappedBandit Mar 2015 #56

Your opinion is a fair and defensible one. DanTex Mar 2015 #61

If you really watched the handling of the bra clasp TexasMommaWithAHat Mar 2015 #94

A lot of people have watched the video and come to a different conclusion. DanTex Mar 2015 #96

Just How Easily DNA Transfer Can Take Place TexasMommaWithAHat Mar 2015 #102

Yes, that's really just a generic argument that contamination can occur. DanTex Mar 2015 #105

They investigators made every single mistake TexasMommaWithAHat Mar 2015 #106

Well, maybe they should let Rudy Guede go then. DanTex Mar 2015 #107

Well, his print was clearly on her pillow TexasMommaWithAHat Mar 2015 #108

But it is still "any evidence"...since you asked. Fred Sanders Mar 2015 #38

Yes, I did ask. Thanks RedCappedBandit Mar 2015 #51

Thanks for the poll ! The results are quite illuminating. Bonx Mar 2015 #21

extraditing someone to a kangaroo court is in no ones best interests. nt Javaman Mar 2015 #22

There is no way that Amanda Knox should extradicted Gothmog Mar 2015 #26

No, because: elleng Mar 2015 #27

pretty much Johonny Mar 2015 #35

Appeals do not count as "trials". Fred Sanders Mar 2015 #39

I wouldn't turn over anyone to that insane court system CanonRay Mar 2015 #32

Italy seems fine with it - and around another one hundred countries with Italian Extradition Treaties. Fred Sanders Mar 2015 #40

Italy and the Ukraine have the worst track record with the European Supreme Court TexasMommaWithAHat Mar 2015 #104

Should we abide by any of our foreign treaties? Or just when we feel like it. DanTex Mar 2015 #46

Seems like celebrity status, either guilty or innocent, brings with it a complete disregard for rule of law... Fred Sanders Mar 2015 #52

You know,Canada will refuse to extradite if the death sentence will apply. Wash. state Desk Jet Mar 2015 #109

Some countries have death penalty exemptions in the treaty. DanTex Mar 2015 #113

I've been thinking about that ! Wash. state Desk Jet Mar 2015 #114

Means, motive and opportunity. Manifestor_of_Light Mar 2015 #54

No President or SOS will consent to extradition. Political suicide. wyldwolf Mar 2015 #69

Different issue. "Should the United States...." Fred Sanders Mar 2015 #71

not in the public's mind. wyldwolf Mar 2015 #82

Moot, not mute. n/t tammywammy Mar 2015 #74

And it doesn't mean "Irrelevant", it means "debatable" (see: "moot court" in law school). Spider Jerusalem Mar 2015 #78

Yes. In MOOT Court....in which debate is the entire purpose. But the result is moot. Fred Sanders Mar 2015 #80

definition: wyldwolf Mar 2015 #83

But "a moot point" is one that is subject to debate. Spider Jerusalem Mar 2015 #85

that may not come to any satisfactory conclusion or whose conclusion may be meaningless. wyldwolf Mar 2015 #88

The poll results are moot. I have to go now, so I will be mute for a while. Fred Sanders Mar 2015 #79

No. moo point. wyldwolf Mar 2015 #81

Didn't think it was a spelling error. tammywammy Mar 2015 #84

auto correct is a best... boost... BEAST wyldwolf Mar 2015 #86

My favorite was when I was telling a friend tammywammy Mar 2015 #92

Auto-check your own words, is second best. Fred Sanders Mar 2015 #93

haha beat me to it alcibiades_mystery Mar 2015 #99

You're both wrong. It's a "Moo Point," like a cow's opinion alcibiades_mystery Mar 2015 #98

No Kalidurga Mar 2015 #90

My prediction: within the next 10 years, Ms. Knox will find herself before another court alcibiades_mystery Mar 2015 #100

How's the peeping? DanTex Mar 2015 #101

RIP PSH: That's one of the best lines of his long and storied career alcibiades_mystery Mar 2015 #103

This issue is now moot Gothmog Mar 2015 #110