CoulsdonUK said:
Imagine my surprise with Mary_H’s comment and interestingly no Tsunami of posts for Mary_H, go figure! Essentially that is my position with addition of a motivation document that demonstrates “more digging” as you say.
Don't worry, Coulsdon; I think a lot of people have me on "ignore." Otherwise, they would have avoided that whole exchange about precedent, based on a
link I have posted here at least twice:
"'The Cassation is submerged by so many cases that it cannot even ascertain contradictions within the system,' said Davigo, who is now a supreme court judge. He added there was no law of precedent because the judges could not read all the cases."
Raffaele also wrote in his book that there is no law of precedent in Italy. Maybe someone with a Kindle can find it for me; it's near the end.
I find both of you hard to ignore. Imagine the years of therapy I'll need just to get over this.
It may not be right for me, a foreigner, to comment on Italy's byzantine legal system. But one part of that piece Mary_H posted is something I've run into again and again in reading about Italy.....
Italy has 40,000 lawyers specializing in supreme court cases. According to Valerio Spigarelli, head of Italy's top criminal lawyers body, the number in neighboring France, with a similar population, is 25. They are among 240,000 lawyers in Italy, compared to 54,000 in the country next door.
Statistics like this give a glimpse into a chaotic, byzantine legal system which not only reduces citizens to despair and has senior judges tearing out their hair, but acts as a serious disincentive to foreign companies planning to invest and a powerful brake on the euro zone's third economy.
Everything from a simple dispute among tenants of an apartment block to attempts by Prime Minister Mario Monti to revive Italy's stagnant economy are at the mercy of a system that can delay final judgment for many years.
Gloria Allred, someone I do not really like but respect... said this to Piers Morgan on CNN when Morgan asked for some explanation of "what the heck is going on in Italy," when the motivations' report was released in June 2013. Morgan was particularly offended (admitting as such speaking as a friend of John Kercher's) that the Italians had resurrected the sex-game gone wrong theory. To Morgan this was a slap in the face to the real victim here, Meredith - not to mention her grieving family.
Allred made brief comment on her own brushes with business/law in Italy and advised foreigners to stay away when some kinds of traffic violations can have you wound up in expensive trials for years - all to finally be signed off on by the ISC.... not to mention perhaps a dispute among business partners.
She as much as said, stay away until they get a business-friendly system over there.
The one thing I will give Italy is that with the automatic appeal - essentially a do-over of the 1st instance trial - there IS opportunity (eventually) to undo a wrong. In Canada and the US the burden of proof, so I'm told, disappears during appeals here.... there are countless cases of wrongful convictions which take decades to unwrap because once that one jury rules "guilty", the whole system is against you. Appeals of innocence from then on are seen as not admitting to crime, so innocent people rarely get parole.
Italy has that part right, I suppose. It's all well and good to say that RS and AK should never have got to trial in the first place; but then again Nyki Kish in Canada is in jail because of a thought experiment a Justice here (Nordheimer) did, where all he did was simply the evidence until he found reason to convict her - even with no evidence, really, in the simplification.
It just takes years to unwrap bad decisions like Nordheimers, and worse the virtual reversal of burden of proof makes it extremely difficult to prove innocence.
Don't worry CoulsdonUK. I still like you. Then again, since you have successfully paired your position with Mary_H's I pretty well have to like you, because I like her. Well, now that's she's off my "ignore" list.
Ooooops. Who said that!