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In fact, I fully understand the current limitations of sub-judice rules in the USA. But thanks for reminding me of what I already know. And you also seemed to home in predominantly on the mid-trial news conferences that are routinely given in high-profile cases in the USA. These are obviously each side's attempts to put a "spin" on what's going on in the trial, and are different from what I was actually talking about.
I don't think that you do understand them. The statements you are making suggest otherwise.
I'm not "homing in" on anything. I have no idea what gives you that impression.
What I was talking about was the freedom (or otherwise) of the media to publish - long in advance of a trial - actual evidence that will be presented at trial, and the freedom (or otherwise) of the media to "go to town" on a defendant's character, lifestyle, past life and previous misdeeds. As you well know, many American states (and federal statutes) limit pre-trial exposure of these sorts of things. And I believe that I used the qualifier "moderately" in my description of the US. If you're arguing that every state in America allows as much pre-trial publication of evidence and defendant character analysis as Italy, I'd argue that you were wrong.
I certainly don't know that. Unless you are participating in a separate reality you don't know it either.
I note your facile use of qualifiers. It does not provide the plausible deniability you appear to think it does.
I could argue that the vast majority of publicity about
any high profile case in the U.S. is pre-trial. For one thing, those sorts of cases generally are years in coming to trial. It is more common for people to have to be
reminded of them when they finally do. The media outlets make hay while the sun shines. When public outrage shifts to the next
crime du jour it all recedes from the spotlight.
Character analysis of the accused is an industry in the media. There are (regrettably) hordes of talking heads whose only employment is to pontificate on such matters on every imaginable sort of program from the morning shows to late night news recaps. We have cable channels devoted to nothing else. And it seems to get worse daily. They have absolutely no compunctions about doing this before a trial. They are only marginally restrained by even the lack of an
arrest if a "person of interest" seems to be a vulnerable enough target.
I'd have to be convinced that Italy can hold a candle to the U.S. when it comes to pre-trial publication of evidence, or innuendo, or fabrication.
For one example, the Anthony case to date has generated thousands ...
literally thousands ... of pages of
evidence. Discovery documents from both the prosecution
and the defense. Released by the state of Florida. Over 500 pages more
just last week. The defendant's family quit visiting her in jail because all of the CCTV records of their conversations were released to the public. Her orders from the jail commissary are the subject of nightly discussion, as are donations to her commissary account. Her family's financial peccadilloes are common knowledge to anyone who cares to find out ... or doesn't turn their head quickly enough. This has been going on for over a year and a half so far and shows no signs of slowing down. Her trial is tentatively scheduled for next summer. Is that pre-trial enough for you?
For an example from a state on the other end of the transparency spectrum take some time and review the coverage of Melissa Huckaby in the Sandra Cantu murder. Tell me what you think of
"the freedom (or otherwise) of the media to "go to town" on a defendant's character, lifestyle, past life and previous misdeeds."
in that case.
All of that coverage was pre-trial. There never was a trial, really. Knox was treated like a choir girl in the Italian press by comparison ... which is sort of funny in a sad way, because Huckaby actually
was a choir girl, not to mention a minister's daughter. The media was publishing diary entries of hers from high school within days of her becoming a part of the investigation. LE got a lot of their background on her
from the media.
Note that this is a state which generally plays their cards fairly close to the vest from a
sub judice perspective.
And lastly, some of the tone of your post seemed to imply that you thought I believed that the lack of sub-judice rules was only potentially detrimental to the defence side of any case. However, I didn't argue this: in fact, arguably the strict sub-judice rules in force in the UK came about after the Crown lost cases in court due to prosecution-damaging pre-trial publicity. After all, there IS a remedy for bad procedure if the first trial ends in conviction (i.e reversal on appeal). But if the defendant is CLEARED, then the prosecution - by and large - has no redress to an appeal, let alone a retrial.
Whatever "tone" you imagine is of your own making. Perhaps you should have your hearing checked.
I understand you to be saying that prosecutors in the UK have no right of appeal after an acquittal. This may be true. I have no great familiarity with the fine details of the system there. It isn't true here. Perhaps your "qualifier" of "by and large" covers this.
Double jeopardy protection carries a great weight in the U.S. system, but it is not as perfectly all-encompassing as some would believe. Ask Jeffrey MacDonald, for just one example.
Come to think of it, the MacDonald case offers some interesting parallels. I wonder if the people who believe that Knox would not have been convicted in the U.S. consider that trial to be a miscarriage of justice?