Continuation Part Seven: Discussion of the Amanda Knox/Raffaele Sollecito case

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I'm not quite sure what role this "authenticity" criterion can play in critical thinking. You haven't explained it in detail, probably because it seems obvious to you, so all I can do is guess based on context. However it looks like some variation of the ad hominem fallacy where you evaluate an argument based on who is putting it forward rather than whether or not it is a sound argument.

From my perspective if an argument is sound then it is utterly irrelevant who is putting it forward. Nor is it a relevant response to try to discredit a sound argument by saying "Your facts are correct and your logic is valid, but the argument isn't authentic so I roll my eyes at it".

Well, it's kind of like when Skeptical Bystander thinks she's a feminist while being blind to how Amanda was persecuted for her gender.

ETA: I have to go out for a while, so if you reply, I will answer later.
 
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-Pedophilia is definitely nothing to be casual about, because it is way more than just something crazy that people do, it's a nightmare that more children and teens go through than people realize. Also remember the flip side which is the damage that false and wrongful accusations cause.

All I really wish is that after anyone uses this case to show how crazy the ISC is, they also take a few minutes to research the subject specifically --especially if you have children in your family,

Thank you Mary for giving me the chance to say this, especially since it's total not on topic per se...

d

You're welcome, Amy. Thank you for your insights. :)
 
This is google translate of one comment from this Italian article that nuances the case slightly.

http://www.ilgiornale.it/news/interni/lui-60-lei-11-i-giudici-amore-974207.html


The judiciary has upheld the conviction. Point . What is left hanging in the balance is the issue of mitigating ( but did not agreddito with violence ) . This has accuduto not because of a strange decision of the court , but because the law so provides, the defense has asked for, and they could not deny it . I do not understand this obsession Italian to criticize the judge, when the real problem in Italy is the poor quality of the law.
 
I truly do not know the distinction you are making, as highlighted above.

If Massei had either "opined" or "offered information" (in his motivations report) that there was a sex game, satanic event or a premeditated revenge murder, I would have, indeed, quoting him.

Bill I just don't understand what difference Massei's opinion on motive makes. In the Massei report he quotes experts (the source of most of the probables) and I use those but I don't care one iota if Massei thinks this or that and I don't really understand why you would.

So when you say something like not even Massei wrote this or that I don't see why that matters.

The point is, he did not such thing. He was clear that the motive was Rudy's, particularly fueled by Rudy's lust, to which (acc. to Massei) AK and RS participated in, almost at the last second and only because they'd made an uncharacteristic, "choice for evil".

Now let's say that there was evidence that the kids did it. What do you think their motive would have been. You, of course, are sure of innocence so you can't come up with a motive which also is a reason you think they are innocent.

Now if I say there was no motive, you say there must be but they are innocent so there was no motive.

But less than anything I don't care what Massei made up. In Italy they must make up a motive but it's like proving contamination.


Massei, yes, thinks the CSI work met the standard needed to convict. Part of that was that he refused to hold anyone to account for their CSI work. It wasn't until C&V were commissioned that we saw why the original CSI work was laughable. This was also something that the RIS Carabinieri heavily implied in their report to the third trial. They did it right, Stefanoni did not.

Most of us here already knew how bad the ICSI work was.
 
Bill I just don't understand what difference Massei's opinion on motive makes. In the Massei report he quotes experts (the source of most of the probables) and I use those but I don't care one iota if Massei thinks this or that and I don't really understand why you would.

So when you say something like not even Massei wrote this or that I don't see why that matters.

Bill Williams said:
The point is, he did not such thing. He was clear that the motive was Rudy's, particularly fueled by Rudy's lust, to which (acc. to Massei) AK and RS participated in, almost at the last second and only because they'd made an uncharacteristic, "choice for evil".

Now let's say that there was evidence that the kids did it. What do you think their motive would have been. You, of course, are sure of innocence so you can't come up with a motive which also is a reason you think they are innocent.

Now if I say there was no motive, you say there must be but they are innocent so there was no motive.

But less than anything I don't care what Massei made up. In Italy they must make up a motive but it's like proving contamination.
Truly, I am not following this.

I have NEVER said there must be an articulated motive. Please accept that as sincere.

What my point is, is that even though there really does not have to be an articulated motive for a conviction, articulated either by the prosecution or in the finding of the judge....

... this is one case where BOTH prosecution AND judge (the convicting one, anyway) were clear about motive. Mignini had 3 or four as each one in turned failed...

... and Massei fixed on it being Rudy's lust.

You might not think it matters, but for some reason it mattered to Massei.

What matters to me is the "Rudy's lust" was not one of the many motives that Mignini offered at any one time. It is also not the motive that the ISC cited as some partial reason to overturn Hellmann's decision. The ISC very well could have said, "essentially the motive is unknowable," and still have overturned Hellmann...

... and add to this, Crini did not say this either. Crini did not say that "Look, the circumstanital evidence supports a guilty verdict, even though I cannot stand before you today to tell you what the motive was." Crini did not say that.

Crini, too, offered a motive.... Rudy's pooh in Filomena's toilet set off a murderous reaction in Amanda towards Meredith!

I have the feeling I am on your side, although you keep telling me I am not. What the heck are we arguing about?
 
But Randy, where have you been looking to gauge the Italian reaction to this? Most of the articles I've seen have been pretty incredulous: the usual headline is "Him 60, her 11: for the Supreme Court it's love". Like this headline (combined with a picture of a little girl clutching a toy): "A 60 year old has sex with a little child of 11, the Supreme Court: "it was love". Did you read the press release from the Association of Italian Teachers and Educators calling the decision a violation of the UN Convention on the Rights of the Child? Or this article describing the decision as "monstrous"?

Maybe you're just looking in the wrong places.

Actually, I think it is the Italian Supreme Court who is looking in the wrong places.

The issue of a 60 year old found naked with an 11 year old is indefensible. And yet the Italian peoples highest court in the land seems quite willing to suggest that there is a defense for this. As far as I am concerned that makes the ISC as guilty as the perverted 60 year old. Perhaps this news is too fresh yet, but has any political talking head called for any sort of review of these judicial idiots?

I would hope the Italian people would shout this down hard and fast. After all this is a complete no brainier and that remains my point. We can now identify the leader of the ISC as a truther and at least a known panel of judges who think sex between a 11 year old girl and a 60 year old man can be OK.

Sorry but this sounds like some story from Afghanistan or some other fine country where 50 year old men take 10 year old brides. Barbarians...this just happens to be occurring in Italy and under the judicial approval of the Supreme Court of that land.

I am glad Italians are speaking out...especially since this is clearly not that hard a case to pick a side on. The sad thing is that the guy only got 5 years to start with. Raping a child = 5 years in Italy reduced by 1/3 for a fast track trial plus 1/2 off due to love and further reduced by 50% for good behavior. Scummy little country. You are free to disagree.
 
It brings the whole Jerry Sandusky fiasco to mind.

Well kinda....cept Sanduskys butt will die in prison and his victims are being compensated millions each, not that that is just but it is something. As for the school officials who looked the other way? They still have cases waiting in the dock against them.

Sadly Penn State will forever be scarred by that fiasco. And just like Italy...it will always be indefensible.
 
This case has highlighted the deep flaws in the Italian justice system. Do you feel it is fair to condemn all the Italian people as mindless sheep willing to tolerate a corrupt and backwards justice system and is it right to say the Italians never speak out against abuses by police and prosecutors.

Which case? RS/AK + Scazzi + Narducci + Earthquake scientists + 60 year old case worker (probably Doctor so and so) with the 11 year old lover?

YES!!! Fair and clear as water. I also think that Italians who try to speak out are silenced...but that every Italian is aware of that too... so yes sheeple.

Agree with it and remain silent or do not agree and fight so that it cant happen again...see anyone protesting in the streets for justice for this 11 year old harlot? Well sure some stern posters in the comments section of some unimportant newspaper. And what did the President of Italy have to say when questioned on the matter by the pool reporters? OH...they forgot to ask for a comment? How about the Prime Minister? Any word?

Scummy sheeple. YMMV.
 
Of course when the police arrested Amanda and took custody of any cash she had in her purse or in a drawer in her bedroom they checked it for fingerprints to see if Meredith's fingerprints were on any of the bills, DIDN'T THEY? The police did that to see if Amanda was in possession of any money stolen from Meredity, DIDN'T THEY? Of course, I have not read that they did this - which tells me that the police are incompetent detectives! But Giubbi, the crack homicide detective from Rome, was there. Surely he made sure it was done, DIDN'T HE???

And when the police arrested Rudy upon his extradition from Germany they checked any cash he had in his possession for Meredith's fingerprints, DIDN'T THEY???

What we have are amateurs posing as competent detectives!!!

Well of-course they did other wise they would have used that evidence against her but they did not so they must have checked and found nothing.

OR... as they did with every other piece of evidence... they fouled it up, burned it up, deleted, forgot to push record, did the HIV test wrong, rusted it, forgot to collect it, forgot to photograph it (glass on top and no glass outside) you see in Italy its much easier to simply say a bunch of things in court even when you as the police and prosecutor are looking highly suspicious by your ineptness and mistakes and corruptions...why you even have the head of the scientific lab in your pocket as a consultant and miracle of miracles he has to confirm some suspect work done by his employees and that never dawns on any court leader? No judge says hey....wait just a darn minute. No defense lawyer rises up and OBJECTS ...this is nonsense!? Why not? How not? Best truth I can think is that they are all imbeciles..what else?
 
I think the articles (and the comments on these articles) linked to in earlier posts demonstrate that "Italians" are perfectly well aware that it is not OK for a 60-year-old man to lure an 11-year-old girl into bed. I think shrugging this off as something that's semi-acceptable in Italian culture is close to offensive.

I was certainly making no point about Gandhi or anyone else, or taking up a banner for the case. I didn't notice anyone else doing it either. Everyone seemed to be saying "look at one more example of the Italian SC being entirely out of touch and not fit for purpose" until you chose to interpret it differently.

Rolfe.

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Pedophilia is definitely nothing to be casual about, because it is way more than just something crazy that people do, it's a nightmare that more children and teens go through than people realize. Also remember the flip side which is the damage that false and wrongful accusations cause.

All I really wish is that after anyone uses this case to show how crazy the ISC is, they also take a few minutes to research the subject specifically --especially if you have children in your family,

Thank you Mary for giving me the chance to say this, especially since it's total not on topic per se...

d

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Amy, I gave this some thought while I was out and realized that you and Rolfe both hit on the thing that I think I might be offended by, that is, that people are picking up on the pedophilia case and running with it without really having a strong understanding of the depth or the seriousness of the issue. I feel like we minimize it when we exploit it (and I mean exploit in a neutral, not negative, way).
 
I don't understand why you often refer to Massei's opinions. I use the Massei report for information but not opinion. If he had said that there was a sex game, satanic event or a premeditated revenge murder, what would you use then?

Massei was clear that the kids helped kill Meredith and that the CSI work was well done. He said the bathmat footprint was most likely Raf's. He said the break-in was staged.

Given how many things you think he got wrong, why couldn't the other side think while he got the verdict correct he missed on motive, if there even was one.

I was trying desperately to think of a rebuttal argument to your points here, but... when I think of it, I don't actually have one. Heaven's what's the point of responding to Grinder, if I cannot manage a well-placed, "Whatever"?

...

Let me help you a bit here Bill. I thought the point you were making was that evidence about the motive is so thin and ambiguous that even people that believe that RS/AK are guilty can't reliably or consistently determine what the motive might have been from the available evidence. And I thought that was a pretty good point. It is always possible that we have missed something when we are trying to make an assessment of something that people disagree about. Maybe our biases have clouded our view. Maybe we aren't as smart as we think we are. But if the people that disagree with us can't derive a consistent narrative out of the evidence they are relying on to support their view then this is an indication that there is something wrong with their analysis and we might be right.

A complete lack of motive has always been a major stumbling block for the prosecution in this case. But most of the judges and prosecutors seems to think there is a motive, but they don't seem to agree on what that motive might be. One obvious explanation as to why the different judges and prosecutors don't agree on a motive is because there is in fact no significant evidence of a motive and they each just make up a motive unconstrained by the need to find evidence to support it.
 
Amy, I gave this some thought while I was out and realized that you and Rolfe both hit on the thing that I think I might be offended by, that is, that people are picking up on the pedophilia case and running with it without really having a strong understanding of the depth or the seriousness of the issue. I feel like we minimize it when we exploit it (and I mean exploit in a neutral, not negative, way).

Mary H, I believe that I was the second poster to comment on the Lamberti case, so I thought I should read through how you felt and think about whether I have ( and have displayed) an appropriate depth of understanding.
For me, both cases involve a lack of understanding of manipulation, and I feel strongly that because they don't truly understand vulnerability there will be many, many more cases that express this limitation in some way.
It's not that the two cases/ decisions are both just so inexplicably wrong.... It's that they both express the same kinds of prejudices and intellectual & emotional limitations.
Saying that this girl was in love with Lamberti is in a salient way the same as saying that Amanda 'admitted being at the scene'.....
I would remind other posters to remember this conversation when we discuss either the Kerchers (whose vulnerability has been exploited by Maresca) and when discussing proguilt commentators such as Nadau and Vogt. There is the tendency with some posters to either csll them names (I would imagine a list of such wouldn't sound too dissimikar to the list of names AK herself has been called) and to state their motives as being jealousy over Knox's youth or beauty.
 
This is google translate of one comment from this Italian article that nuances the case slightly.

http://www.ilgiornale.it/news/interni/lui-60-lei-11-i-giudici-amore-974207.html


The judiciary has upheld the conviction. Point . What is left hanging in the balance is the issue of mitigating ( but did not agreddito with violence ) . This has accuduto not because of a strange decision of the court , but because the law so provides, the defense has asked for, and they could not deny it . I do not understand this obsession Italian to criticize the judge, when the real problem in Italy is the poor quality of the law.
Thanks, Samson. I was wondering to what extent the Court was acting arbitrarily versus acting according to Italian statutes. One got the impression from the headlines that the court had nullified the conviction. I am curious about a complete list of what the law considers to be mitigating and aggravating circumstances in such a case. I would think that working in a position of trust with the girl and her family would be an aggravating factor.

I am also wondering whether or not the supreme court would have ruled differently if the motivation reports from the lower courts said that they had considered the defense submission that this was a loving/non-violent relationship, but had rejected it because this adult had abused a position of trust and groomed his victim over time to prepare her for sex. Is it a case of pressing a lower court to change a result, or to explain a result more clearly?

If Italian law rewards pedophiles for being good at grooming their victims, it should be changed.
 
Do you also find it offensive for someone to say that the guilty verdict in the Kercher case was acceptable to Italian culture? Because a lot of us have said that, including you.


I don't recall saying that. I don't recall having any opinion about that at all.

I think the guilty verdict in the Kercher case might be perfectly acceptable to millions of people who are unfamiliar with the details of the evidence in the case. So why would it not be acceptable to Italian culture in that sense? There's nothing self-evidently wrong about it.

In contrast, there is everything self-evidently wrong about a 60-year-old man having sex with an 11-year-old girl. You don't need to know any more about the case to be revolted by it. However, the evidence we have seen suggests that Italian people are indeed revolted by it.

I don't think the fact that you have personal issues with paedophilia cases should be enough to debar others from drawing the obvious inferences from this case, just as they draw similar inferences from other batsqueak mad decisions of the Italian courts.

Rolfe.
 
Let me help you a bit here Bill. I thought the point you were making was that evidence about the motive is so thin and ambiguous that even people that believe that RS/AK are guilty can't reliably or consistently determine what the motive might have been from the available evidence. And I thought that was a pretty good point.

I'm not sure that I have made that point, at least as the point of contention. It's not so much that guilters, "can't reliably or consistently determine what the motive might have been", which is in fact true... but that guilters erect a strawman when it comes to innocenters criticising them.

They always seem to go off on how unimportant, really, a motive is. I agree with that to the degree that a conviction for a crime is very, very possible without the prosecution demonstrating motive.

But this is not a situation where the two prosecution teams (Mignini's and Crini's) have simply made passing reference to motive - as if to say that, "Well, we really cannot be sure, but it looks to me like it was the pooh in the toilet, but at the end of the day we really don't know. We believe that the other evidence still holds together, even if motive cannot be known."

This is one of those cases where there simply is no "all the other evidence", as guilters like to fall back on when one item of that "all the other evidence" hits the dustbin; in succession until there are no items left.

The fact of this case is, aside from "all the other evidence", there actually IS no motive for AK and RS to have been involved in this murder. Incredibly, this is what even Judge Massei says - Judge Massei says that the motive IS KNOWN - not that the motive is thin and ambiguous - but that the motive is Rudy's.

Aside from all the rather bizarre determinations Judge Massei made in his motivaqtions, on motive he is clear. The question for him is not that there is no known motive, it's that the motive is Rudy's... it's his lust. Massei says that the options are that AK and RS goaded him into going into Meredith's room, or that it is his lust, and Massei says, in black and white, "this court believes it is Rudy's lust.

It's partly because AK and/or RS have no motive at all to goad Rudy to go in, and Rudy himself needed no urging from others anyway.

What is startling to me is that guilters consistently have to argue against Massei to maintain their guilt position. When it comes to motive, it's not that it is ambiguous - in Knox and Sollecito, for even the convicting judge, motive for them is non-existent, which is why he invents this, "choice for evil".

The devil made them do it, is Massei's theory.

It is always possible that we have missed something when we are trying to make an assessment of something that people disagree about. Maybe our biases have clouded our view. Maybe we aren't as smart as we think we are. But if the people that disagree with us can't derive a consistent narrative out of the evidence they are relying on to support their view then this is an indication that there is something wrong with their analysis and we might be right.

A complete lack of motive has always been a major stumbling block for the prosecution in this case. But most of the judges and prosecutors seems to think there is a motive, but they don't seem to agree on what that motive might be. One obvious explanation as to why the different judges and prosecutors don't agree on a motive is because there is in fact no significant evidence of a motive and they each just make up a motive unconstrained by the need to find evidence to support it.

This is where guilters, themselves, get tripped up. Yes, a complete lack of motive for RS and AK is a stumbling block for the prosecution. Yet guilters, rightly, say they don't really need one, esp. if the other evidence is solid.

Yet why is it that between Crini and Mignini and the ISC they go through motives by the sack-full? Indeed, motive is important enough for the ISC to include that as a reason to reverse Hellmann's acquits!

And not only is motive important enough to have the acquittals reversed, the ISC names THE motive it wants more fully explored - the sex-game gone wrong. (Notice it is the ISC which is trampling all over the Kerchers on this one - John Snr. has consistently been abhoured by the thought that people think this about his daughter! And yet this is one thing the ISC uses to send the case back to trial!!)

And this is so important to the Crini case in Florence, that after the Aveillo evidence for the prosecution collapses, when the RIS Carabinieri evidence collapses another element of the prosecution case - Crini in his summation goes off on another motive-tangent. Rudy's pooh in Filomena's toilet, causes Knox to kill Meredith; sex-game gone wrong disappears and we're back to household tensions.....

.... when the Massei motivations explicitly says that relations between Knox and Kercher were normal and friendly. Heck, at trial, even Meredith's boyfriend testifies to that!

It's not that evidence of motive is ambiguous and thin - for Rudy the motive is clear: lust. For AK and RS the motive is missing completely. It's why the sole convicting judge had to get all theological on us...

... the devil made them do it, otherwise there is no explanation.
 
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Let me help you a bit here Bill. I thought the point you were making was that evidence about the motive is so thin and ambiguous that even people that believe that RS/AK are guilty can't reliably or consistently determine what the motive might have been from the available evidence. And I thought that was a pretty good point. It is always possible that we have missed something when we are trying to make an assessment of something that people disagree about. Maybe our biases have clouded our view. Maybe we aren't as smart as we think we are. But if the people that disagree with us can't derive a consistent narrative out of the evidence they are relying on to support their view then this is an indication that there is something wrong with their analysis and we might be right.

Thanks Dave. You do such a better job of being Bill than Bill :p.

It is clear that no solid motive has ever been proven. What I was trying to say is that Massei's opinion is nothing more than another opinion but one that he was required (?) to put in writing. While I don't think a clear motive is necessary to be known or even exist, I find what is in a motivation not of greater significance than other PG theories.

A complete lack of motive has always been a major stumbling block for the prosecution in this case. But most of the judges and prosecutors seems to think there is a motive, but they don't seem to agree on what that motive might be. One obvious explanation as to why the different judges and prosecutors don't agree on a motive is because there is in fact no significant evidence of a motive and they each just make up a motive unconstrained by the need to find evidence to support it.

I'd say one of the first questions in a case anything like this is: why? Certainly had Meredith just taken out an insurance policy with Amanda as the beneficiary the motive would be clear. The murder trial I was on the panel for involved a man that was killed outside the club where he was having his bachelor party and the killer, unknown to the victim, arrived and killed him for no apparent reason, certainly not a "good" reason.

I remind that Hellmann had some wild theory as to how Rudy lost his shoe, but most of us here were happy that he ruled not guilty.
 
Mary H, I believe that I was the second poster to comment on the Lamberti case, so I thought I should read through how you felt and think about whether I have ( and have displayed) an appropriate depth of understanding.
For me, both cases involve a lack of understanding of manipulation, and I feel strongly that because they don't truly understand vulnerability there will be many, many more cases that express this limitation in some way.
It's not that the two cases/ decisions are both just so inexplicably wrong.... It's that they both express the same kinds of prejudices and intellectual & emotional limitations.
Saying that this girl was in love with Lamberti is in a salient way the same as saying that Amanda 'admitted being at the scene'.....
I would remind other posters to remember this conversation when we discuss either the Kerchers (whose vulnerability has been exploited by Maresca) and when discussing proguilt commentators such as Nadau and Vogt. There is the tendency with some posters to either csll them names (I would imagine a list of such wouldn't sound too dissimikar to the list of names AK herself has been called) and to state their motives as being jealousy over Knox's youth or beauty.

Good points, bri1, as was katy_did's earlier post on the subject.
 
I don't recall saying that. I don't recall having any opinion about that at all.

I think the guilty verdict in the Kercher case might be perfectly acceptable to millions of people who are unfamiliar with the details of the evidence in the case. So why would it not be acceptable to Italian culture in that sense? There's nothing self-evidently wrong about it.

I assumed you felt that way as that has been the consensus on this thread about the case.

In contrast, there is everything self-evidently wrong about a 60-year-old man having sex with an 11-year-old girl. You don't need to know any more about the case to be revolted by it. However, the evidence we have seen suggests that Italian people are indeed revolted by it.

Apparently it is not self-evidently wrong to the judges, and I am reading that the age of consent in Italy is 14.

Anyway, you are probably right that most Italians are revolted by the crime. There certainly has been an international outcry about it.

I don't think the fact that you have personal issues with paedophilia cases should be enough to debar others from drawing the obvious inferences from this case, just as they draw similar inferences from other batsqueak mad decisions of the Italian courts.

Rolfe.

Well, one of us has a personal issue with something; that much is clear.
 
Apparently it is not self-evidently wrong to the judges,


I think that's the point everyone is trying to make. It is self-evidently wrong to just about everyone in the developed world, including the vast majority of the population of Italy - but not to these SC judges.

and I am reading that the age of consent in Italy is 14.


That is a completely different topic.

Anyway, you are probably right that most Italians are revolted by the crime. There certainly has been an international outcry about it.


Including within Italy, yes.

Rolfe.
 
<snip>That is a completely different topic.

No, that IS the topic, as I stated earlier: Because a huge aspect of this case, if not the essence of it, is the subject of older males being attracted to younger females. This "transaction," if you will, seems to be common practice in Italy, so it should come as no surprise to us when the court rules as it did.

As I said, I haven't read much about this particular case, but this 60-year-old man may have been deluded enough to actually believe he was relating romantically to the 11-year-old. If it's okay by law to be in love with a 14-year-old, then I can see why he might be deluded.
 
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