Kaosium
Philosopher
- Joined
- Oct 12, 2010
- Messages
- 6,695
Perhaps you would touch up the translation of the questioned section. While I have immense trust in your work the current translation makes bagels POV sensible to me.
Did you see any of the articles I posted in the last day or so on the ruling? I posted a section perhaps you could take a look at it.
ETA - And this section seems clear - how would you explain it?
With this premise, with regards to Amanda Knox’s position, it is now
observed that her presence in the house, the scene of the murder, is an acclaimed
fact of the trial, based on her own admissions, also contained in her signed memorial,
in the part where she explains how, when she was in the kitchen, after the young
Englishwoman and another person went into Kercher’s room to have sex, she heard
her friend’s harrowing scream, to the lacerating and unbearable point that she slid
down, squatting on the floor, holding her hands firmly on her ears, so as to hear no
more of it. On this point, the reliability of the opinion of the judge a quo [of the trial
from which this appeal is being heard is certainly acceptable concerning this part of
the accused’s account,
I agree with that, Grinder. On the face of it, an admission by a suspect they were there as well as a (supposed) knowledge of facts they shouldn't have known is certainly acceptable as regards to help leading to a determination the suspect was at the scene of a crime.
That doesn't mean I think she was though, or that I accept the validity of the evidence she was, especially if it wasn't my duty to determine that and I never evaluated that evidence.
They know that too, it's a basic underlying property of their system that they don't evaluate evidence (in that fashion), but just accept it at face value. Note the difference between evaluating the validity of a piece of evidence (in this case Amanda's 'gift' note and the scream 'evidence') and evaluating whether the 'facts' (evidence) lead to the correct conclusion. They're taking on the second meaning here of 'evaluating evidence' they cannot possibly do the former.
As for why this distinction is important, look at the depiction of Amanda's gift note and read the original (again) and recall that the part they paraphrased was preceded by:
"In regards to this "confession" that I made last night, I want to make clear that I'm very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion. Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn't remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received."
and followed by:
"But I've said this many times so as to make myself clear: these things seem unreal to me, like a dream, and I am unsure if they are real things that happened or are just dreams my head has made to try to answer the questions in my head and the questions I am being asked. But the truth is, I am unsure about the truth and here's why:"
Does that sound like a definite admission on her part of being there? Or was it a cherry-picked passage outside the context of the rest of the note which instead says how unsure she is of everything and explains why that may have occurred?
Incidentally, the source of errors made is likely either Nencini or the prosecution appeal, not necessarily the ISC itself. They're responding to those documents, not running an independent investigation into the case. They rely upon factual determinations made by the lower courts, in this instance Nencini, and cannot possibly do that for themselves for both legal and logistical reasons, there being no possibility they can evaluate each and every piece of evidence in the case, they must rely upon what the finders of fact determined, and that's the lower courts.
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