She maintains her innocence. There is inconsiderable debate in the media about whether she will be returned to Italy by the US government. Italy has not yet requested extradition. The problem is whether to approve extradition or not and how this will affect public opinion and our countries relationship to other countries. Analysis: This Is not a simple legal matter. Amanda Nook’s extradition from the united States involves many complexities of law and public opinion.
Public opinion is ambiguous and some Americans say we should extradite her and some say we should not. Even when two countries have an extradition treaty, the intricacies of law ND public opinion can stand in the way of removing an accused criminal from one country to another. This decision is based on a number of things, one of the most Important being what the American population wants. Following her conviction on Thursday, Knox, faces a nervous wait to see If the nation’s Supreme Court upholds her sentence of 28-years and six-months.
If it does, Italy would then have to seek her extradition under the terms of a 1 983 treaty – which would then have to be approved or rejected by me the US Secretary of State and forwarded to the US Department of Justice for processing. In the immediate aftermath of Thursday’s guilty verdict, many legal commentators and Nook’s own legal team have consoled themselves with the notion that she Is protected under the concept of double Jeopardy – which Is enshrined in the US Constitutions. That means she could not be tried on the same charge twice. She could get off on the charges because of this American law.
This high profile case brings a particular set of problems for the Obama administration because of the high emotions on both sides of the Atlantic – not Just in Italy and America, but In the United Kingdom too. The United States and Italy enjoy a successful extradition relationship, with cooperation high on busting organized crime (the mafia). It would cause a potential diplomatic Incident should the president and I choose not to send Knox to Italy if her appeal fails. However, on the flip side, Italy may choose not to anger us their most powerful ally over such an emotional case.
Regardless, any decision on whether to extradite Knox is likely months away. Experts have said it’s unlikely that Italy’s justice ministry would request Nook’s extradition before the verdict is finalized by the country’s high court. If the conviction is upheld, ultimately deciding whether to turn Knox back over to Italian authorities to finish serving her sentence”. “Because of this tension between Italian and U. S. Law it is unlikely that U. S. Law will extradite her. When the fight begins those are the grounds that U. S. Attorneys will be arguing. If Italy does file an extradition request with the U. S. State Department, Knox will have the right to challenge her transfer to Italy in a U. S. Courtier. She could possibly win in a U. S. Court because of public opinion, which could turn in her favor. There is a valid extradition agreement between Italy and the U. S. , but the U. S. Has not set much of precedence in returning suspects for such matters. Italians point to a number of high-profile cases over the years in which they say American suspects have been accused of wrongdoing and criminal acts, but have been let off lightly.
In 1998, an American military Jet clipped a ski lift cable, sending a gondola of 20 passengers to their deaths in the Italian Dolomite Mountains. Although Italy did not request the extradition of any of the suspects, 22 CIA agents were convicted in absentia of the kidnapping and sentenced to prison time for their role in the abduction, but none ever served time in Italy. We did not extradite these Americans back to Italy and no problems ensued. Knox does not need to be sent back if a request for extradition happens because Italy will not want to anger us.
We are a powerful ally and we protect our citizens. Decision: If the final conviction is upheld, a lengthy extradition process would likely ensue, with our State Department ultimately deciding whether to turn Knox back over to Italian authorities to finish serving her sentence. I do not approve of that extradition at this time. She could be extradited if both law and public opinion come together on the issue. This is unlikely to happen. The law and many legalists say we should extradite her since we seek extradition of many people on a regular basis, but public opinion tends to be our deciding factor.
Extradition should not be considered yet because there are still many things that need to be done before that can be an option. Nook’s latest guilty verdict won’t be the last word in her ongoing legal battles, and her lawyer, Ted Simon, has said that any discussion of extradition is premature. Additionally, Knox may be protected by the fact that she has already been tried for the murder: U. S. “double Jeopardy” law holds that a person cannot be tried for the name crime twice. The United States, for example, currently has no extradition treaty with China, North Korea, Iran, Russia and several other nations, according to the U. S. Department of State. Any of these counties could be the refuge of first choice for an American looking to escape the long arm of U. S. Law. Edward Snowmen, the whistler’s who exposed the extent of spying by the National Security Agency (NSA), took advantage of this list when he fled the United States, eventually landing in Russia. Despite repeated appeals by the U. S. Department of Justice and other entities, Russia has refused to extradite Snowmen.
The Snowmen case revealed some of the intricacies of extradition law: In a typical extradition request, the Justice Department will prepare a request, translate it as needed and transmit it to the U. S. Embassy in the foreign country, which then forwards the request to local law enforcement officials -? a complex, time-consuming process. Like in the case of Snowmen, Knox if forced to be extradited back to Italy could choose one of these countries as a refuge. This is a complex issue and until public opinion and law come population wants her to stay in the country, then we have all the power we need to keep her here and not send her back.