Continuation Part 20: Amanda Knox/Raffaele Sollecito

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Grinder has not pointed out any legal distinction or difference in legal consequences between CPP Article 530.1 and 530.2, only one of perception.

See http://context.reverso.net/translation/italian-english/proscioglimento
for a more complete translation and uses of "proscioglimento".

It refers to an acquittal, an exoneration, or a dismissal (of charges); it may even mean "absolution".

Dismissal of charges in Italy, as a final decision, for "the accused did not commmit the act (crime)" is exactly the same in terms of legal consequences as a final acquittal.

Except that Italian legal code uses each of these words differently according to the article.

As an example in English law: "shall" (absolute) (as used in an Act of law) has a very different meaning from "may" (conditional), although I dare say to the man in the street it's a mere quibble.
 
And please note, if you read it in the original Italian: the word used in the penal code is proscioglimento NOT “assoluzione”. Proscioglimento normally refers only to non-definitive
preliminary judgements during the investigation phase, and it could be translated as “dropping of
charges”. It is a non-binding decision, and is not subject to double jeopardy. It is not even considered a court decision, but as Mike17 himself has pointed out, it is normally a prosecution decision.

Bruno-Marasca should never have used this article as it is not within their jurisdiction. However, having used it, the final verdict is: charges are dropped. This implies they can be recharged with the same offence.

In fact, your whole argument relating to CPP Article 530 is false.

I have looked up the Italian text of this article. I copy it below. The word used in Article 530.2 is assoluzione or "acquittal":

Art. 530 - Sentenza di assoluzione1. Se il fatto non sussiste, se l'imputato non lo ha commesso, se il fatto non costituisce reato o non è previsto dalla legge come reato ovvero se il reato è stato commesso da persona non imputabile o non punibile per un'altra ragione, il giudice pronuncia sentenza di assoluzione indicandone la causa nel dispositivo.
2. Il giudice pronuncia sentenza di assoluzione anche quando manca, è insufficiente o è contraddittoria la prova che il fatto sussiste, che l'imputato lo ha commesso, che il fatto costituisce reato o che il reato è stato commesso da persona imputabile.
3. Se vi è la prova che il fatto è stato commesso in presenza di una causa di giustificazione o di una causa personale di non punibilità ovvero vi è dubbio sull'esistenza delle stesse, il giudice pronuncia sentenza di assoluzione a norma del comma 1.
4. Con la sentenza di assoluzione il giudice applica, nei casi previsti dalla legge, le misure di sicurezza.

The title of CPP Article 530, and paragraphs 530.1, 530.2 and 530.3 , all refer to "assoluzione" or, more fully, "sentenza di assoluzione" which translate to "acquittal" or "sentence [or judgment] of acquittal". The word "proscioglimento" does not occur at all in the article.

So it is interesting that you have created or repeated a falsehood to argue your case. Others would be embarrassed to create an argument based on a falsehood, or to not research the actual facts. It certainly is not an approach consistent with skepticism.

Source for Italian text:
http://leggeonline.info/leggi/procedurapenale/art530/sentenza_di_assoluzione/
 
Except that Italian legal code uses each of these words differently according to the article.

As an example in English law: "shall" (absolute) (as used in an Act of law) has a very different meaning from "may" (conditional), although I dare say to the man in the street it's a mere quibble.

Have you actually looked up the law, CPP Article 530, in its Italian text?

I suggest all your statements regarding this law are false.

Please see my previous post (#3803). But I will repeat the Italian text here for your benefit.

Art. 530 - Sentenza di assoluzione
1. Se il fatto non sussiste, se l'imputato non lo ha commesso, se il fatto non costituisce reato o non è previsto dalla legge come reato ovvero se il reato è stato commesso da persona non imputabile o non punibile per un'altra ragione, il giudice pronuncia sentenza di assoluzione indicandone la causa nel dispositivo.
2. Il giudice pronuncia sentenza di assoluzione anche quando manca, è insufficiente o è contraddittoria la prova che il fatto sussiste, che l'imputato lo ha commesso, che il fatto costituisce reato o che il reato è stato commesso da persona imputabile.
3. Se vi è la prova che il fatto è stato commesso in presenza di una causa di giustificazione o di una causa personale di non punibilità ovvero vi è dubbio sull'esistenza delle stesse, il giudice pronuncia sentenza di assoluzione a norma del comma 1.
4. Con la sentenza di assoluzione il giudice applica, nei casi previsti dalla legge, le misure di sicurezza.

Source: http://leggeonline.info/leggi/procedurapenale/art530/sentenza_di_assoluzione/
 
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LOL I simply cut and pasted that definition from google. You can make assumptions within the context of the crime.

Amanda herself said she was bleeding.

No she did not. At least she did not say she'd been bleeding during the night of the crime, so your statement is meaningless, one of those factoids you just chuck into the mix to make it seem like..... what?
 
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So you have read Darkness Descending and are not just irrationally prejudiced.

You would read darkness descending then call Dr. Peter Gill, a renowned peer-reviewed/published scientist, "a whore"?

Apologies; say he is, "like a whore"?
 
You would read darkness descending then call Dr. Peter Gill, a renowned peer-reviewed/published scientist, "a whore"?

Apologies; say he is, "like a whore"?

Bill,
Allow me to fill in for Vixen on this one, I think I have a bead on her thought processes finally:

Darkness Descending is a biased anti-Knox smear book written by true crime novelists. Yet we know it is a completely accurate account of events because Knox sux!

Peer reviewed scientific article written by Dr. Peter Gill, world renowned geneticist, in the top forensic genetics journal around. At first glance you may think this is worth reading because it is written and peer reviewed by the top people in their field. But it supports Knox's innocence. And KNOX SUX so Gill must be a two bit whore whose career is failing wow he is so desperate these days!

I think that covers it. Dress it up in some ambiguous and overly verbose wording to make it sound kinda smart and I bet you would think Vixen wrote it herself.
 
So your answer to the claim, "there is no legal difference in any consequence of a verdict stating "the accused did not commit the act (crime)" under 530.2 compared to 530.1" is......

Drum roll please:

"No Bill, there clearly is a difference"! Wow. Stellar rhetoric!

I give up. Obviously I've been outgunned.

Bill read the law. One para proclaims no crime or a clear statement the person didn't do it (para 1) while the second says the evidence wasn't enough to convict BARD.

Please stop with the legal consequences argument since 1) I never claimed there were differences and 2) this is about public perception. The conversation came out of your specious claims about how the verdict was perceived.

I have also said that I doubt anyone here knows for sure if a 2 makes any difference legally regarding other suits. Logically a pure innocent verdict would seem to be a defense against future accusations that a verdict based on lacking or contradictory evidence wouldn't. If O.J. had been found not guilty with a para 1 (if we had that) then I doubt he could have been successfully sued civilly.
 
Of course you're correct.

What I say doesn't matter.

Whereas what you say doesn't matter.

I have no opinion on exonerate vs not guilty. It's certainly not universal that civil cases can have different outcomes to criminal cases. Not that this matters of course.

What I say doesn't matter :p. I try to back opinions with facts or other material, for example posting the law or Cheli's article.
 
Bill read the law. One para proclaims no crime or a clear statement the person didn't do it (para 1) while the second says the evidence wasn't enough to convict BARD.

Please stop with the legal consequences argument since 1) I never claimed there were differences and 2) this is about public perception. The conversation came out of your specious claims about how the verdict was perceived.
I have also said that I doubt anyone here knows for sure if a 2 makes any difference legally regarding other suits. Logically a pure innocent verdict would seem to be a defense against future accusations that a verdict based on lacking or contradictory evidence wouldn't. If O.J. had been found not guilty with a para 1 (if we had that) then I doubt he could have been successfully sued civilly.

In a never ending series of claims to define the argument so that one wins by default..... so, rather than see your admission, "I have never claimed there were differences," one returns to a former topic so as to claim victory....

So let's put it into context.

1) I never said you'd said there were differences. I was wanting to hear from you what legal consequences there might be, indicating that on that matter there was a difference. I note you say there are none. Thank you. That was the point I wanted to know. You've verified that my position (and Numbers and LondonJohn's) was correct. We could have saved a lot of time if you'de just said this from the beginning, rather than sneaking into the stadium at night trying to move to goalposts.

2) Re: my specious claims about how the verdict was "perceived". Once again this is a red herring, trying to redefine what we were talking about. The matter of paragraph #1 vs #2 is **at best** not a matter of perception, per se, it is a matter claimed by some of what judges are trying to signal with their verdicts. Can we at least dispense with that before you move the goalposts back to another topic!​
First off if you would do something other than cherry-pick Italian arguments on this matter, you will see that that is the debate. First and foremost is the debate about whether or not judges, in fact, try to do that - try to signal things with their choice of type of acquittal.

As if that is not tenuous enough, one then gets into the further murky territory of what Marasca/Bruno were trying to signal, if anything. This is where at least Machiavelli and Vixen play the game, they believe the signal is that M/B really thought them guilty, but acquitted to send a signal that the Italian judiciary could be bought-off by foreign influence.

The vast majority of Italian commentators who get around to it, say it signals something else, that M/B signalled they were going to adjudicate acc. to the law, and not part of the internal party-politics within the judiciary.

One other case (mentioned way-way upthread) was about what seemed to be a return to the "dice-roll" method of meting out Italian justice, and the commentator mentioned the M/B decision as perhaps failing to establish the practise of judging based on evidence and the law, because this subsequent case returned to the dice-roll.

If you want to go back to Italian perception (generally) about this case - we have been around that 100 times. Initially, my own survey of GOOGLE.IT around the time of the acquittal in 2015 as well as six months later with the M.R., showed a virtual unanimity that M/B came to the right decision and that they'd laid the smack on the previous courts and particularly the inept investigation.

Machiavelli broke that unanimity, coming up with one - one - contemporaneous departure from that unanimity. Recently, he's also referenced a YouTuber, an Italian journalist of some note who seems to share the view that M/B made a mistake. You yourself have found some other instances.

Rather than beat this horse to death, though,the issue is once again - what's being done about that minority voice? Nothing.

RAI3 stuns this wee world of ours with its interview with Rudy Guede, playing violin music softly over his claims that he was railroaded. Surely that would have blown the lid off of things, and journalists from Switzerland to Italian's toe would be lining up to expose this thin wedge of "they might not be totally innocent" you claim paragraph #2 signals.

It is amazing that the RAI3 interview appeared, then disappeared. People keep trying to light the fuse of March 2015 being anything less than a definitive acquittal, and they find there is no fuse much less no ticking time-bomb.

All that's left are nitpickers. People who call world-renowned geneticists, "whores". Or people who conflate not one, not two, but three issues - perhaps only so that he can quietly slip into the conversation that he believes there is no difference in consequence of any of the acquittals, but then substitute another issue to make it seem we were discussing something else.

Weird.
 
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First off if you would do something other than cherry-pick Italian arguments on this matter, you will see that that is the debate. First and foremost is the debate about whether or not judges, in fact, try to do that - try to signal things with their choice of type of acquittal.

They do signal by choosing a 1 or a 2. Please provide some examples of this alleged debate. Best if has something to do with this case.

The only Italian argument I've used is Cheli a FOA legal posters (not a lawyer) that has been respected by PIP/FOA for years.

I don't recall you posting any article on the subject.
 
Bill read the law. One para proclaims no crime or a clear statement the person didn't do it (para 1) while the second says the evidence wasn't enough to convict BARD.

Please stop with the legal consequences argument since 1) I never claimed there were differences and 2) this is about public perception. The conversation came out of your specious claims about how the verdict was perceived.

I have also said that I doubt anyone here knows for sure if a 2 makes any difference legally regarding other suits. Logically a pure innocent verdict would seem to be a defense against future accusations that a verdict based on lacking or contradictory evidence wouldn't. If O.J. had been found not guilty with a para 1 (if we had that) then I doubt he could have been successfully sued civilly.

Why don't you try to find a difference in legal consequences?

Here are some ideas for you search, based on how one poster develops information.

First, one should make up some laws or pretend some Italian laws have words in them that are not actually there.

Then one posts with that misinformation, and shows a high level of condescending arrogance in the posts to keep others in their place.

One should be sure to keep repeating the misinformation in repeated posts; nothing apparently gives credibility to falsehoods more than repetition, at least in the opinion of some.
____

I can assure anyone who is interested that my examination of the CPP has shown no difference in criminal or civil consequences for an acquittal under Article 530.2 compared to 530.1, as long as the reason for the acquittal (that is, the specification) is that "the accused has not committed the act [crime]".

In general, the only liability for additional civil action after a final acquittal occurs if the reason for an acquittal is based on the accused person's insanity (lack of criminal responsibility due to mental illness), as long as the initial civil action was brought or could have been brought as part of the criminal proceedings. (CPP Article 652)

There can be no further criminal trial whatsoever for the same offense after a final acquittal or dismissal for that offense. This is true no matter what reason was given for the final acquittal or dismissal specification. The only exception is if the dismissal was for the reason that the accused was believed to have died, and it was later found that the accused was actually still alive. (CPP Articles 648 and 649.1, CPP Article 69) Any attempt to restart criminal proceedings in violation of CPP Article 649.1 shall be met by the judge delivering a judgment of dismissal at any stage and instance of the proceedings. (CPP Article 649.2)
 
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They do signal by choosing a 1 or a 2. Please provide some examples of this alleged debate. Best if has something to do with this case.

The only Italian argument I've used is Cheli a FOA legal posters (not a lawyer) that has been respected by PIP/FOA for years.

I don't recall you posting any article on the subject.

Sigh.

I now defer to Numbers who has laid it out before you upthread. And given your own disrespect for anything from ANYONE in that quarter, I just roll that into finding this whole thing......

Weird. That you would then put your eggs in an FOA basket. Next you'll be quoting from Candace Dempsey. It's strange. That's all. You claim it is a certainty that judges signal things by choosing #1 or #2. Yet you call that phenomenon an "alleged debate".

But at least you've put it out there. There is no difference in legal consequence. All there is are people in wine-bars in the evening chatting away as to what the judge "really meant". You believe that M/B really meant that it was not a 100% acquittal. As I read the part you cherry pick from a source you otherwise disrespect, he's saying - unfortunately there are going to be people who say a #2 acquittal means that it is not a 100% acquittal. You've proven his fear.

Weird. The main thing is - even you agree that there is no difference in consequence between the two. Thanks at least for that. If you have other issues, raise them with others.
 
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I don't know about all of this article 630 stuff, but the prosecution's case definitely looked to me like it was a No. 2.
 
Why don't you try to find a difference in legal consequences?

Here are some ideas for you search, based on how one poster develops information.

First, one should make up some laws or pretend some Italian laws have words in them that are not actually there. Then one posts with that misinformation, and shows a high level of condescending arrogance in the posts to keep others in their place.
One should be sure to keep repeating the misinformation in repeated posts; nothing apparently gives credibility to falsehoods more than repetition, at least in the opinion of some.
____

My view is this - Numbers is one of the nicest people on the planet, with an analytical mind - with a willingness to spell out (sometimes in detail) what's what.

This is a first, though. Don't get me wrong, Numbers is still IMO the nicest person on the planet, but has chosen to now analyze a style of posting here that has an "edge" to it. And (IMO) an accurate one.

The only thing Numbers did not mention was the penchant for moving the goalposts. But I never said Numbers was perfect.
 
I now defer to Numbers who has laid it out before you upthread. And given your own disrespect for anything from ANYONE in that quarter, I just roll that into finding this whole thing......

Weird. That you would then put your eggs in an FOA basket. Next you'll be quoting from Candace Dempsey. It's strange. That's all. You claim it is a certainty that judges signal things by choosing #1 or #2. Yet you call that phenomenon an "alleged debate".

You say there is a debate as to whether the judges are signaling something with their choice of verdicts and I say there isn't a debate: They are making a statement about the level of acquittal. If O.J. had been tried in Italy I'm sure he wouldn't have been acquitted under para 1. Do you have examples of this alleged debate or not?

But at least you've put it out there. There is no difference in legal consequence. All there is are people in wine-bars in the evening chatting away as to what the judge "really meant". You believe that M/B really meant that it was not a 100% acquittal. As I read the part you cherry pick from a source you otherwise disrespect, he's saying - unfortunately there are going to be people who say a #2 acquittal means that it is not a 100% acquittal. You've proven his fear.

Bill it was 100% acquittal but not a statement of proven innocence. I know you and perhaps others will say the defendant need not prove innocence but to get a para 1, they do.

As for Cheli, which isn't cherry-picked, but about the only article covering this and from an FOA so no accusation of bias against the kids can be levied. He said:
Since the acquittal is based on paragraph 2 of article 530 of the Italian Code of Criminal Procedure, which provides for a judge to pronounce a verdict of acquittal “when evidence is lacking, insufficient or contradictory”, it was to be expected that it would not have been a clearcut, one-sided proclamation of innocence​

Where in that quote do you get - he's saying - unfortunately there are going to be people who say a #2 acquittal means that it is not a 100% acquittal. You've proven his fear.

He says clear as day that a para 2 verdict meant it would not be a clear cut one-sided proclamation of innocence. And it's not.

Weird. The main thing is - even you agree that there is no difference in consequence between the two. Thanks at least for that.

I have never said that the one acquittal versus the other will have legal impacts - I don't know. I don't think anyone here knows for sure. Would the Maori suit be thwarted immediately if it had been a one? Would the various suits against the kids, magazines and defense counsels be dropped faster? I don't know.
 
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