Continuation Part 14: Amanda Knox/Raffaele Sollecito

[acbytesla]

I was going to add that I have several lesbian friends and several were married to men due to a trying fit in stage and had kids during that phase. This is becoming less so however.

Amanda lived in Seattle however, one of the more accepting areas as far as gays even in the earlier 2000s. Granted, this would have been before DADT was repealed but still.

Not just Seattle DF but in the heart of Seattle . Amanda attended school at Seattle Prep, which is located in the area with the highest density of gays and lesbians in the state. Her mom is a teacher. Her family and friends and the city would have been accepting of Amanda choosing that lifestyle. But the simple fact is there is no evidence, none that Amanda was ever interested in women sexually. It is amazing to say the least that people would speculate that Amanda experienced some kind of homosexual rage when there is absolutely no history of rage or homosexual proclivities. I think this says far more about those drawing these inferences, then it does about Amanda.

 

[acbytesla]

If the convictions are confirmed and Mr Sollecito is imprisoned, I would be confident that applications to the ECHR would be dealt with promptly following submission after Cassation's report. I stand to be corrected on this point though - I understand that Cassation's report is not mandated to be delivered within a particular period of time.

I think you are fantasizing. There is very little evidence to support the ECHR acting in an expedited fashion.

 

[anglolawyer]

This is a bit much if you ask me. Don't they realise we all have homes to go to? What's taking so long?

Prediction

Some kind of mangled compromise, neither one thing nor the other. IOW I haven't a clue.

 

[lonepinealex]

This is a bit much if you ask me. Don't they realise we all have homes to go to? What's taking so long?

Prediction

Some kind of mangled compromise, neither one thing nor the other. IOW I haven't a clue.

Maybe they are trying to make sense of nencini's motivation report. It'll take weeks!

 

[Poppy1016]

5:30 in Italy. A verdict should be delivered soon?

 

[anglolawyer]

Maybe they are trying to make sense of nencini's motivation report. It'll take weeks!

I like the idea of a bemused panel expecting to read a weighty, well argued, thorough and convincing motivation and finding themselves confronted with 400 pages of Nonsencini.

 

[kwill]

This is a bit much if you ask me. Don't they realise we all have homes to go to? What's taking so long?

Prediction

Some kind of mangled compromise, neither one thing nor the other. IOW I haven't a clue.

My prediction:

Something that makes no sense.

The only thing that would make sense is a repeat of what Hellman said years ago. Given how unlikely that is, we're going to get gobsmacked.

 

[acbytesla]

This is a bit much if you ask me. Don't they realise we all have homes to go to? What's taking so long?

Prediction

Some kind of mangled compromise, neither one thing nor the other. IOW I haven't a clue.

Maybe they are arguing about it. Or maybe they are in there drinking and putting up a show that they are seriously deliberating.

 

[Desert Fox]

Maybe they are arguing about it. Or maybe they are in there drinking and putting up a show that they are seriously deliberating.

I vote for the second

 

[anglolawyer]

My prediction:

Something that makes no sense.

The only thing that would make sense is a repeat of what Hellman said years ago. Given how unlikely that is, we're going to get gobsmacked.

You are depressing me

Maybe they are arguing about it. Or maybe they are in there drinking and putting up a show that they are seriously deliberating.

Yeah, tossing a coin most probably.

 

[Diocletus]

I like the idea of a bemused panel expecting to read a weighty, well argued, thorough and convincing motivation and finding themselves confronted with 400 pages of Nonsencini.

I think they've figured out that the other ISC panels broke the law. Now, figuring out how to fix without looking too bad. Watch for delivery of whitewash and brushes to deliberation room.

 

[acbytesla]

I vote for the second

It's kind of like when the car salesman says he needs to talk to his manager..and what he really is doing is taking a break in the employee lunch room and letting you steam in his little office.

 

[Numbers]

Probably be best to ask this elsewhere or on another forum but do countries that still have an inquisitorial legal system NOT rely on case law?

Italy is a civil (code) law country, so they supposedly do not have precedent.

They are also supposedly an adversarial court system country (required by ECHR) but act often like they're still an inquisitorial system.

 

[acbytesla]

Italy is a civil (code) law country, so they supposedly do not have precedent.

They are also supposedly an adversarial court system country (required by ECHR) but act often like they're still an inquisitorial system.

They don't have case law? Really?

 

[Numbers]

They don't have case law? Really?

In a civil law jurisdiction, all contingencies are supposedly dealt with by the written code of law.

In contrast, in a common law jurisdiction, if details of a case differ from what is expected from the legal code, precedent is used to decide the case.

 

[Dougm]

I think they've figured out that the other ISC panels broke the law. Now, figuring out how to fix without looking too bad. Watch for delivery of whitewash and brushes to deliberation room.

I have wondered about this. What do they do if they get to this point, and might have wanted to convict, but realize the previous ISC panel totally F'ed up the case?

What is weird is that each convicting court has provided a different bizarro ruling, and they often contradict each other. The last two (ISC, then Nencini) have been more off the rails than the previous (and to best Massei means they REALLY must have done something special).

Will this new panel come to their senses, in any way? And if they do, how to they sort out this mess?

 

[anglolawyer]

I have wondered about this. What do they do if they get to this point, and might have wanted to convict, but realize the previous ISC panel totally F'ed up the case?

What is weird is that each convicting court has provided a different bizarro ruling, and they often contradict each other. The last two (ISC, then Nencini) have been more off the rails than the previous (and to best Massei means they REALLY must have done something special).

Will this new panel come to their senses, in any way? And if they do, how to they sort out this mess?

It's a novel form of detective fiction, Doug. Take a set of 'facts' (ahem) and then arrange them into a story and publish! But with real victims.

 

[Dougm]

It's a novel form of detective fiction, Doug. Take a set of 'facts' (ahem) and then arrange them into a story and publish! But with real victims.

Coming soon! Italian Courts, The Board Game!

Was it Amanda, in the kitchen, with her hands over her ears? Or Rudy, on the toilet, with his ipod? Have fun with your friends! There are endless combinations! But be careful! To win the game, you will have to successfully spin the "motive wheel". And if you're not careful, the ISC can annul your verdict, and send you back to square one!

 

[kwill]

You are depressing me

I'm sorry. I'm just saying that I don't expect to understand whatever is about to happen. I find this entire process -- from the moment Amanda and Raffaele called the police until right here and now -- utterly incomprehensible.

Here in Seattle it's a lovely warm day, all the fruit trees in bloom, yards full of tulips and daffodils. Surreal b/c somewhere is the Knox family and Amanda herself in terror I don't even know how to imagine.

 

[acbytesla]

In a civil law jurisdiction, all contingencies are supposedly dealt with by the written code of law.

In contrast, in a common law jurisdiction, if details of a case differ from what is expected from the legal code, precedent is used to decide the case.

The problem with abandoning case law is understanding what legislators meant or intended when the laws were written. Or how the written law applies to real life situations.