BellaOnline Forums News and Politics Current Events Amanda Knox: Italian vs. American Justice

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This is a horrible case. I didn't follow the case that much. I am not familiar with the European judicial system. Are you guilty until proved innocent?

Personally, I think they had their "man," and it was "Guede." I feel like Ms. Knox was in the wrong place at the wrong time. Next week's article reveals even more about their "justice" system. Thanks for your comment.

The countries belonging to the European Union do have some common laws but in the main they, together with those nations who do not belong to the Union, have what are often in many ways similar but are nevertheless individual judicial systems, with everything that that involves.

In common with most civilised countries, and as stated in the United Nations Declaration of Human Rights, within the European Union the presumption of innocence, �Innocent until proved guilty�, is a fundamental human right and that includes in Italy. This maxim appears to be based upon common law that has been in force for centuries, and which differed from the Holy Roman Empire�s church laws of the time.

In Italy it seems that the prosecutors have to be convinced of a case, and in possession of all the necessary evidence, before bringing it to court and, having read at least some of the in depth coverage of the murder of 21 year old Meredith Kercher, and the subsequent trial, in the German, French, British, Dutch and Italian press, which of course covered Rudy Hermann Guede's guilt, it would be difficult to say one did not have the feeling justice was in fact also done as far as Amanda Knox is concerned.

But of course it is only possible to form an opinion second hand from the information given.

Hi Francine!

Thank you for your post. Some other information - did you know the shift in opinion began in January when Giuliano Mignini, the original prosecutor, was convicted of abuse of office in a separate investigation and sentenced to 16 months in prison? There's no doubt about it; this is a nasty case!

If he abused the privileges of his office in one case, what's to say that he didn't do it in the Knox case as well? Also, its of significant import that Rudy Guede would have said anything to please Prosecutor Giuliano M. in exchange for lienency. I think the Italian government has it's "man" all right, but it's not A-MAN-da Knox or Raffaele Sollecito. I'll give much more information in Part II of the article next week. Again, thank you for your comment!

Hi Anne,

Yes the European press have really gone to town covering this case from all angles, including the less than sterling past and subsequent prosecution of Giuliano Mignini, and originally this was perhaps partially because of the behaviour and image projected by �Foxy Knoxy� you described so well in your article, and which has certainly been a talking point.

�The face of an angel and the icy eyes of a cold blooded killer� is just one of many similar emotive headlines that have been repeatedly used in a variety of languages over the last years.

To describe Rudy Guede as �tricky and unreliable� would be an understatement, however despite some obvious, and admitted, failures in the investigative procedures, it would seem that those in the Italian legal system are convinced of the correctness of the verdict, however because of the circumstances they have had to come to terms with the necessity of everything being openly and thoroughly re-examined.

Whatever the final verdict it is hoped that it leads to a clarification of the situation so there will be no longer be any doubts, not only involving the actual case but regarding the legal system in Italy.

Look forward to your follow up article.

The Italian courts have an interesting facet. There is an automatic review of any conviction by another court where the original prosecutor and judge isn't allowed to participate. This is to prevent personal agendas. An interesting book that features the past misconduct of the original prosecutor is "Monster of Florence."

Ms. Knox's most recent legal victory of December 18, 2010 continues to provide hope for her and her family, and a closer look at the Italian vs. American judicial systems still leaves much to be desired. It�s doubtful that the questionable DNA and other unsubstantiated testimony would have been deemed admissible in US courts, thereby thwarting a conviction of Amanda Knox and Raffaele Sollecito and the need for any further litigation. What are your feelings on this latest development?

Glad to see that the higher court system will try to "break the chain" of continuing biased and unjustified opinion(s)concerning Ms. Knox; however, if it had acted appropriately in the first place, Ms. Knox/Mr. Sollecito probably wouldn't have been incriminated or gone to jail at all. While I am sorry for the family of Ms. Kercher, I'm even more so for the Knox/Sollecito families. All of those family members have had to sit by in frustration and watch Amanda/Raffaele lose the next 5 years of their lives. Amazing that more hasn't been brought out about Rudy Guede and how he and Ms. Kercher originally met. The appellate process of the US courts also demands new judge(s). What has happened to Amanda Knox is a travesty; and, for the people of Italy to have been subjected to the character of the original prosecutor is equally as bad. Thanks for the name of the book concerning his past misconduct.