….
Incidentally, does the above include 'fast track' cases or well, or just the three stage trials? I understand that 'fast track' can also yield an acquittal, but that's even rarer than normal, right?
Would it be considered extraordinary, (in murder cases) or does it happen sometimes when the prosecution has a really weak case and the defendant just wants to get it over with?
No, acquittal on fast track trial is not that extraordinary. For example the most recent high profile case was the Garlasco murder, where Alberto Stasi was acquitted on grounds of insufficient evidence in first instance with a short trial. His appeal is starting now.
For short trial (or fast trial) maybe to avoid confusion we should just use the Italian term rito abbreviato (abbreviated procedure). That is the legal option we are talking about.
I think most time the
rito abbreviato is opted because of a likely conviction, but it is not always so; sometimes the defendant chooses the option to exploit some basic shortcoming in the preliminary investigation, or because doesn’t expect to find further evidence in their defence, doesn’t have witnesses or experts.
It is not frequent, but not really something extraordinary. And it is not a matter of weak case versus strong defence, it is rather a technical strategy that may depend on the kind of evidence that the defence deems available. It is a strategy that exploits timings and time limitations in evidence collection.
So a handful of cases in those years that you can recall, perhaps not representative. I wonder just how much the media interest in the case perhaps impacts decisions made by the prosecutors and judges, or if the media naturally follows the cases in which unusual things happen?
The media are usually much more sober and less judgemental than you may think. However, reporters on main newspapers are specialized in murder investigations and usually perceive – and convey - the correct findings and the state of investigation/trial. There are no British – style tabloids, in fat there are some weekly magazines with this styles (like Oggi) but are marginal.
I see that twice the Supreme Court of Cassation has struck down an acquittal, though it doesn't look like it was for a good cause.
What do you mean for “good cause”? Franzoni was certainly guilty.
Even Mignini thinks they got the wrong guys in the Monster of Florence cases, doesn't he?
I have really no idea, but at the end of the Pacciani – Vanni trial there was an acknowledgment that the Monster was not a lone person, and possibly there was a higher level, a mastermind. The Monster of Florence was actually suspected of being a series of ritual murders of a satanic sect, resembling other cases of serial ritualistic murders that were later discovered in Italy, committed by sectarian groups. Mignini did not produce a satanic ritual theory on the Monster of Florence: the theory already existed, had been put forward officially. Moreover, doctor Narducci had fallen in suspicion since prior to Mignini entry in the story.
Incidentally, do you know what grounds the Court of Cassation used to scuttle the convictions?
The convictions, I don’t know. I only know something in detail about the Franzoni acquittal: this was annulled on several reasons, among them because the Cassazione found that the concept of “reasonable doubt” had not been not applied properly, the doubt as motivated was not reasonable.
Unfortunately I find quite difficult to make predictions on Supreme Court's decisions. I lack specific competence, and there is an intrinsic unpredictable element. The grounds can be very technical and reasons may appear exhoteric and bizarre to the normal observer taking in account only facts and evidence.
What does 'short track' mean in the Cogne case? At first I figured it was just a synonym for 'fast track' but the sequence of events doesn't match.
It’s always
rito abbreviato, always the same thing. The term “fast” is relative, given that the Cogne process lasted 8 years.
Here's something else also interesting, this is Pictor's chart that he uploaded to PMF that Rose reposted recently. What does all of this mean for
sure? I can puzzle some of it out, and I realize it's only for the Bologna Appeals court from 2001 to 2003 and it appears some of the data is only for six month periods, but I'm curious as to some of the results and what they might
mean.
For example, just going by 'figura 15' for the category of 'violenza,' which I take to mean violent crime, it appears for 2001 and the first half of 2002 that 55.35% were modified. Would that be the definition applied to Amanda's case as the sentence was reduced to three years?
Yes. Although this is a very unusual case of “partial modification”. Partial modification usually is something minor like Rudy Guede’s sentence reduction. Technically however also the Sollecito-Knox verdict is only partly changed, not overturned. Knox technically still lost, she was found guilty on one of the charges.
That's what I thought, do you foresee the possibility of the calunnia charge being struck down, and what is the status of the other two calunnia charges brought by police and the case against the Sollecitos? Those are tough to get info on!
What I anticipate as most likely, is that the charges of calunnia and murder won’t be quashed or confirmed each one standing itself. A separate decision won’t be just seen as logically and procedurally possible; I think instead the verdict with the two charges will just be assessed as good or bad as a whole. The cassazione will only decide if the verdict can stand toghether as it is, if it’s consistent logically and procedurally, or not. If the supreme court doesn’t like it, they will send back the verdict and order a new trial on all charges.