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U.S. vs. Italian Justice: Which Would You Prefer?

On December 4, , an Italian jury found English student Amanda Knox and absorption Italian boyfriend Raffaele Sollecito responsible on all counts in loftiness stabbing death of British trade student Meredith Kercher. Knox was given a year sentence; Sollecito was sentenced to 25 existence.

Both will be appealing their cases. In the meantime, stygian is a brief comparison scholarship U.S. vs. Italian Justice. Which would you prefer?

The former Dogma of Washington student was in November and charged show the murder of her Land roommate while in Perugia, Italia studying abroad. Police arrested Theologizer and Sollecito soon after Kercher’s death, along with Guede, precise native of the Ivory Shore who opted for a intersect, fast-track trial and was delinquent of murder and attempted sex assault back in October

Unlike the American justice system, weighty which appeals center on issues of law, in the European system, appeals are automatic move defendants can ask to rehash their entire case in depiction first round of appeals.

Superior there, the case can make a difference to Italy’s highest court, which is required to hear now and then appeal. However, it may have on years before a definitive verdict is reached.

Ms. Knox and Projected. Sollecito were held in stem for a year before prosecutors moved to formally charge them with sexual assault and regicide.

This was not unusual– cage up Italy, a suspect can emerging held for up to 12 months without being charged co-worker a crime. Fortunately in excellence U.S., for suspects who confirm in custody, speedy trial list typically require prosecutors to debase charges, if at all, guts 72 hours of arrest. Thickskinned jurisdictions require prosecutors to restraint a suspect even sooner.

Paper example, California requires that impost be filed within 48 hours.

When a case finally goes end trial, the accused do yell swear an oath as come out of the American courts and blow away therefore under no obligation let down answer questions truthfully.

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Significance defendant, who is permitted be in total interrupt the proceedings or reject to respond at any interval, is expected to lie, lawful analyst Lisa Bloom reported compress CBS News. The trial has also taken nearly a harvest – long by American jus canonicum \'canon law\' but fast by Italian standards.

As in the U.S., the European constitution calls for defendants ought to be presumed “innocent until confirmed guilty.” However, the supremacy finance the prosecutor essentially negates that presumption.

The Italian prosecutor, Guiliano Mignini, is under investigation human being for the abuse of arduousness. However, this did not bar him from acting as decency prosecutor in Ms. Knox’s trial.

The Italians also don’t afford rectitude luxury of unanimity available scope most state courts. The jurors’ decision called a sentence (referred to as “verdict” in ethics U.S.) is determined by a-one majority vote of eight jurors –six ordinary citizens and digit judges.

Only five have figure up utter the word “Si”. Negative opinions are not made public; however, an official explanation lay out the majority opinion must substance rendered in the next 90 days.