Nina Burleigh’s The Fatal Gift of Beauty: The Trials of Amanda Knox, essentially shows how a young American exchange student was convicted of murder because she had a sex life. The author theorizes that Knox was charged with murder due to certain Italian superstitions and misogynist cultural predispositions, as well as Ms. Knox often immature behavior in the context of her situation. The Italians just did not understand her.
The Perugian authorities had a suspect for the murder of Meredith Kercher, his DNA was at the crime scene and in the victim, and he had a history of breaking into homes. He was convicted of the murder in a fast track trial. But Magistrate Giuliano Mignini, guided by Masonic conspiracy theories, had formed an opinion of Knox and Sollecito, and due to his conspiratorial prejudices, and probable mental instability (sue me Mignini), stuck to a paranoid and deceptive fairy tale about a sex game gone wrong.
In a wider sense, Knox's story is a cautionary tale: don't get arrested in Italy. The Italians do not adhere to the Anglo-American model of jurisprudence. Add this to the sweeping power that courts have been given to arrest Mafiosi, and the Italian judiciary abuses its power mightily. In Italian courts there is no voir dire jury selection, and the jury includes two judges who also adjudicate the trial. There is no principle of proof beyond a reasonable doubt. Entertaining run of the mill doubt is fine for a conviction. Civil and criminal cases, with their different burdens of proof, occur at the same time. If you accuse the police or prosecutors of misconduct in open court or in the press, they can sue you for slander (and they seems to always do).
A jury is never sequestered, even in a high profile cases. The defense does not have a right to receive all the evidence gathered by the prosecution. Italy can keep the accused in preventative detention for up to a year while evidence the accused may never see is gathered. Courts appear to hold session only two days a week, and take lengthy vacations summer and otherwise. You have no right to a speedy trial.
So, keep your nose clean in Italy. If you do fall into a situation like Amanda Knox, contact your embassy immediately. Ask for a lawyer right away. While Italy's judicial abuses continue on a scale, you aren't safe at all.
The Perugian authorities had a suspect for the murder of Meredith Kercher, his DNA was at the crime scene and in the victim, and he had a history of breaking into homes. He was convicted of the murder in a fast track trial. But Magistrate Giuliano Mignini, guided by Masonic conspiracy theories, had formed an opinion of Knox and Sollecito, and due to his conspiratorial prejudices, and probable mental instability (sue me Mignini), stuck to a paranoid and deceptive fairy tale about a sex game gone wrong.
In a wider sense, Knox's story is a cautionary tale: don't get arrested in Italy. The Italians do not adhere to the Anglo-American model of jurisprudence. Add this to the sweeping power that courts have been given to arrest Mafiosi, and the Italian judiciary abuses its power mightily. In Italian courts there is no voir dire jury selection, and the jury includes two judges who also adjudicate the trial. There is no principle of proof beyond a reasonable doubt. Entertaining run of the mill doubt is fine for a conviction. Civil and criminal cases, with their different burdens of proof, occur at the same time. If you accuse the police or prosecutors of misconduct in open court or in the press, they can sue you for slander (and they seems to always do).
A jury is never sequestered, even in a high profile cases. The defense does not have a right to receive all the evidence gathered by the prosecution. Italy can keep the accused in preventative detention for up to a year while evidence the accused may never see is gathered. Courts appear to hold session only two days a week, and take lengthy vacations summer and otherwise. You have no right to a speedy trial.
So, keep your nose clean in Italy. If you do fall into a situation like Amanda Knox, contact your embassy immediately. Ask for a lawyer right away. While Italy's judicial abuses continue on a scale, you aren't safe at all.
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