katy_did
Master Poster
- Joined
- Feb 4, 2010
- Messages
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The first of the appeals is essentially a new trial, in which the evidence is re-examined (as I understand it, anyway). A new prosecutor and a new judge are appointed. So in that respect, it's entirely possible for a different conclusion to be reached based on the same evidence (as was the case in Mignini's own trial, of course, only the other way round - a not guilty verdict followed by a guilty verdict. The final appeal could reverse the decision again. As far as I'm aware, the first reversal was based on a re-consideration of the evidence rather than on a technicality).I see that my premonition is already coming to pass.
What is there about an appeals decision based on review of a trial verdict that is going to be essentially different from the trial verdict itself, except for an overturning of the original verdict? If they affirm that verdict what will be changed about it which will cause you to reconsider your current objections?
There has been a great deal of idle chatter bandied about in this thread by partisans of Knox's innocence concerning the appeal and "new" evidence. I'm not from Italy and don't pretend to be particularly knowledgeable about their system (although I've learned a great deal here), but if the U.S. is the gold standard to compare to then very little if any "new" evidence will be permissible. Here, the appeals courts review procedure and compliance with the law. Virtually every reversal on appeal is based on a 'technicality'. By definition. In extremely limited circumstances it is possible to present something as evidence which was not presented as evidence in the original trial, but it is vanishingly rare and is of itself a cause for objection by the prosecution.
By way of example, using the DNA discussion, an appeal might try to claim "ineffective counsel" by saying that Knox's lawyers did not exhibit sufficient diligence in countering the prosecution's DNA experts, or didn't trouble themselves to provide sufficiently accomplished experts of their own.
But that would not free Knox. At best (a very unlikely best) it would garner her a re-trial. An appeal might overturn the verdict, but it would not exonerate her. And real life re-trials here, unlike TV portrayals, are not often to the advantage of the defendant.
If the Italian system has a different philosophy then that is yet another example of a possible superiority of their allegedly inferior legal machinery.
So yes, in that respect the Italian system has a different philosophy. It's certainly one major point in favour of the Italian courts, that the accused are permitted such a lengthy and thorough appeals process (I'm not sure who you're accusing of calling the Italian system 'inferior', but I've certainly never said that).
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