Italian Justice

[RetiredGySgt]

So when will all those liberals be up in arms about Italy and all the other European Countries where one can be held for a year or longer with out ever even being charged with a crime?

http://news.yahoo.com/s/ap/20080517/ap_on_re_eu/italy_student_slain

 

[Dogger]

You missed an important distinction between Italian justice and Gitmo justice - this woman got to see an attorney and a judge to challenge her detention. In Bush's America, people are locked up on mere suspicion and no evidence, and we try to keep them from seeing an attorney or a judge.

Indeed, if you read some accounts of this case, it appears that Amanda Knox has had the primary requirements of due process - she's been informed of the nature of the charges against her, there was an arrest warrant and she was given an opportunity to challenge her detention pending trial. I don't like the procedure of allowing up to one year detention without formal charges, but that isn't the same thing as being held on no charges and no proof.

It also appears that there is evidence to support probable cause for an arrest, which is all American courts require. Knox first denied being at home at the time of the murder, then admitted she was at home and heard her roommate's screams, then says she was under the influence of drugs on the night of the murder and had been at her boyfriend's apartment nearby until the next morning. Security camera tapes show Knox entering the apartment the night of the murder.

"Under Italian law, the judge's report contains enough incriminating details to hold the suspects for up to a year without charge. But given the mound of evidence presented so far, the case could go to court quickly once charges are filed." Death in Perugia

 

[RetiredGySgt]

You missed an important distinction between Italian justice and Gitmo justice - this woman got to see an attorney and a judge to challenge her detention. In Bush's America, people are locked up on mere suspicion and no evidence, and we try to keep them from seeing an attorney or a judge.

Indeed, if you read some accounts of this case, it appears that Amanda Knox has had the primary requirements of due process - she's been informed of the nature of the charges against her, there was an arrest warrant and she was given an opportunity to challenge her detention pending trial. I don't like the procedure of allowing up to one year detention without formal charges, but that isn't the same thing as being held on no charges and no proof.

It also appears that there is evidence to support probable cause for an arrest, which is all American courts require. Knox first denied being at home at the time of the murder, then admitted she was at home and heard her roommate's screams, then says she was under the influence of drugs on the night of the murder and had been at her boyfriend's apartment nearby until the next morning. Security camera tapes show Knox entering the apartment the night of the murder.

"Under Italian law, the judge's report contains enough incriminating details to hold the suspects for up to a year without charge. But given the mound of evidence presented so far, the case could go to court quickly once charges are filed." Death in Perugia

Ohh I guess all the Court appearances and the lawyers that have clients at Gitmo are just a figment of our imagination? I guess the several times the Supreme Court has ruled on Gitmo were also a Figment of our imagination?

And as a Lawyer I see you also fail to know the law. One can NOT be held in the US without a charge for a YEAR. In fact as I recall one can not be held more than 48 hours?

What a nice idea. We could clear up Gang problems easily if we can just arrest them put them in Jail for year with no charge while we hunt for evidence. Then release them and rearrest them on another "suspicion" for another year.

And Gitmo, you retard is not a criminal case at all. They are prisoners of an ongoing WAR. None of them were captured in AMERICA and none of them are AMERICAN citizens. But those are just minor inconveinces to be ignored by the left. Remind me Dogger? How many German , Italian and Japanese caught fighting the US in WW2 were tried before being held for the duration of the war? How many North Korean and Chinese were tried after being captured fighting the US in Korea? Just curious.

If the Italians have such a good case, why is she not CHARGED? What takes a YEAR to figure out?

 

[Dogger]

yap, yap, yap, yap, . . .

There is a difference between no charge and no formal charge. I'm not familiar with Italian procedure, but it is absolutely clear the judge requires proof of a crime. Under similar circumstances, an Italian national would be presented to a judge and held pending trial, during which time an investigation would take place.

The procedural issues that have been resolved for Gitmo detainees after five long years have merely placed the suspects at the start of the process that Amanda Knox was afforded on the night of her arrest.

Enemy soldiers captured in uniform on a battlefield are not comparable to a foreign citizen in civilian clothing pulled off a bus and handed over to authorities on mere accusation. And if American soldiers caught someone wearing a German uniform who claimed he was Clint Eastwood on a mission to rescue a captured British General, there are simple procedures by which he could make his case.

 

[RetiredGySgt]

There is a difference between no charge and no formal charge. I'm not familiar with Italian procedure, but it is absolutely clear the judge requires proof of a crime. Under similar circumstances, an Italian national would be presented to a judge and held pending trial, during which time an investigation would take place.

The procedural issues that have been resolved for Gitmo detainees after five long years have merely placed the suspects at the start of the process that Amanda Knox was afforded on the night of her arrest.

Enemy soldiers captured in uniform on a battlefield are not comparable to a foreign citizen in civilian clothing pulled off a bus and handed over to authorities on mere accusation. And if American soldiers caught someone wearing a German uniform who claimed he was Clint Eastwood on a mission to rescue a captured British General, there are simple procedures by which he could make his case.

Wrong again. The Gitmo prisoners have lawyers and have had many days in courts. For years now. And they are classified as illegal enemy combatants. Which by the way, Counselor, the Supreme Court agreed was acceptable.

Your claim they have not had access to the Courts is a bald face lie.

 

[Dogger]

Your claim they have not had access to the Courts is a bald face lie.

Your lie that I told a lie is a bald face lie. I said, "In Bush's America, people are locked up on mere suspicion and no evidence, and we try to keep them from seeing an attorney or a judge." I never said they had no access, I just said that access was obstructed.

 

[Care4all]

We suspended Habeas Corpus, which is so important that it is not only mentioned once in our constitution but it is mentioned twice in our constitution....the Supreme court over ruled the administration for this suspention of the Writ for usa citizens labeled unlawful combatants....thank God!