Machiavelli
Philosopher
- Joined
- Sep 19, 2010
- Messages
- 5,844
Except this:
That's from the court that convicted of cullnnia in the second instance (affirmed by the supreme court).
Who came to the conclusion that Knox did not act under coercion.
Except this:
That's from the court that convicted of cullnnia in the second instance (affirmed by the supreme court).
It's a fact rather than an arguments. Where is the argument when you say Donnino was not professional? There is not a shred of an argument. It's a wild statement. And where is the argument by those saying the interrogation was coercive or there was a false memory syndrome? There is no factual argumentation, just the statement of the pro-Knox believers. Your arguments are made of belief.
But you cannot expect accusatory parties (Knox and Solllecito) to have greater prerogatives than the defendant (Guede).
Who came to the conclusion that Knox did not act under coercion.
All of this becomes especially clear when reading all of the trial transcripts of those who were there that night. Even the line of questioning by the defense.
There was no coercion, no false memory syndrome.
(...)
In the case of the interpreter Donnino in Knox's interrogation, it is clear from verified accounts of proceedings that she (Donnino) was not presenting herself to Knox as an agent of the police, but rather as a somewhat maternal "helper" to Knox. When she (Donnino) suggested to Knox that suppressed memories following a traumatic event are a very real phenomenon - adding a personal example to give further credence to the idea - it's clear that a vulnerable and confused Knox was treating this suggestion as neutral "advice" and "help". I have no doubt that Donnino's active participation in the interrogation outside of her interpreter remit had a material impact upon Knox's oral and written statement.
Of course in a proper, fit-for-purpose system, this behaviour from Donnino - which she freely admitted to in court! - would be properly investigated. In the UK, for example, I have little doubt that she would have lost her job over this, and that the investigating police would have been severely reprimanded for their failure to control/supervise/oversee the interpreter and her role properly. Not in Perugia though, of course.........
That's just a conclusion of law, which is obviously meant to be wrong. Don't you see what Hellmann did? He made all of the findings of fact that are sufficient to compel a legal conclusion of coercion, and the supreme court affirmed him. (...)
You can't have it both ways, and you don't have grounds to accuse Donnino of wrongdoing or of being unprofessional. If her duty was to be an interpreter or mediator, you cannot blame her of anything. Not even I - hypothetically - the interrogation was coercive.
Whether the nature of an interrogation is coercive or not, a mediator can't do anything about that. It doesn't depend on the mediator in the first place. Donnino would have no responsibility, it's not up to the mediator to change the nature of the communication.
Donnino is above criticism in any event.
(obviously the interrogation was nor coercive, and above all Knox released false statements repeatedly with further false evidence much beyond the interrogation).
You cannot expect the defendant (Guede) to be able to determine the rights of third parties (Knox and Sollecito) in their own trial.
No no, it's a conclusion of facts. Hellmann made no findings regarding the police about the interrogation actually, but concluded that Knox acted on her own will.
Yeah, you're right. It's actually Italy (not Donnino) that engaged in wrongdoing and unprofessionalism (at least from the perspective of the ECHR, which is all that really matters right now). That's because Italy provided an "interpreter" who "did not limit herself to translating, but induced her to force herself to remember, explaining that she [Amanda] was confused in her memories . . ." At least, that's what the court said in convicting Knox of callunnia in the second instance (affirmed by the supreme court).
He did not. But he can place circumstantial evidence against them, through the judicial findings about him.
You seem to be confused. The conclusion of law is that there was no "coercion" as defined by Italian law. (...)
You can't have it both ways, and you don't have grounds to accuse Donnino of wrongdoing or of being unprofessional. If her duty was to be an interpreter or mediator, you cannot blame her of anything. Not even I - hypothetically - the interrogation was coercive.
Whether the nature of an interrogation is coercive or not, a mediator can't do anything about that. It doesn't depend on the mediator in the first place. Donnino would have no responsibility, it's not up to the mediator to change the nature of the communication.
Donnino is above criticism in any event.
(obviously the interrogation was nor coercive, and above all Knox released false statements repeatedly with further false evidence much beyond the interrogation).
But the same court who reports the defence theory also concluded that Knox committed the calunnia out of her own will and maliciously.
However the Cassazione rejected the theory about the motive for Knox's calunnia. They accepted the conclusion of guilt, but not the scenario.
Yes, he did. Guede decided that his process should be fast track, and thus that he would have no jury, a non-public trial, a limited right to disclosure of evidence, and limitations on the evidence that he could introduce.
Any fact-finding resulting from this "trial" does not satisfy the ECHR as aganisnt Knox and Sollecito, since they did not elect to have their rights curtailed in this manner.
Then they should submit a complaint to ECHR after their final conviction for murder. But this is another topic. As for the representation that a party can have at Guede's trial, they were represented. The pro-Knox video and propaganda says that they were not represented, while in fact they had the same prerogatives as Rudy Guede. Thus, the pro-Knoxes are liars.
You seem to be confused. The conclusion of law is that there was no "coercion" as defined by Italian law. Here are the conclusions of fact:
the interrogation was:
-of obsessive length
-carried out during [both] day and night
-carried out by more than one person
-carried out on a young and foreign girl
-carried out on a young and foreign girl who at the time did not speak Italian at all well,
-carried out on a young, foreign girl who was unaware of her own rights,
-carried out on a young, foreign girl who did not have the assistance of an attorney (which she should have been entitled to, being at this point suspected of very serious crimes),
-the interpreter did not limit herself to translating, but induced her to force herself to remember, explaining that she [Amanda] was confused in her memories.
The conclusion of law (in Italy): No coercion.
The conclusion of law under the ECHR: coercion.
Coercion is a matter of fact, not a point of law.
It's a finding of fact whether a crime is malicious and voluntary, not just a definition of law.
They accepted that there wasn't coercion, as Hellman concluded based on the quoted passage.
I would love to see the filing where Italy argues to the ECHR that they shouldn't read those words that Hellman wrote, because even though his conviction for callunnia was affirmed, those particular words weren't. LOL. Can you find a lawyer in Italy to write that with a straight face?