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cyberdad
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03 Nov 2021, 9:59 pm

How exactly does US Law work?

In 2011 The famous accused murderess Amanda Knox arrived in the US after serving 4 years of a 26 year prison sentence in Italy for the murder of British national Meredith Kercher. Knox was accused of participating in the actual murder. When she arrived back in the US she was a free woman even when the Italian courts announced in 2013 there was a mistrial and Knox was required to return to Italy. The FBI never participated in an extradition request by the Italians. There remains doubt on the role of Knox in the murder.

Fast forward to Heather Mack, an American who was a teen in Bali when her boyfriend killed her mother back in 2014. Mack abbetted her boyfriend in disposing of her mother's body but did not physically touch her mother. Mack served most of her 12 year sentence in a Balinese jail.

Upon arrival back in US soil she was arrested and put in cuffs by the FBI?
https://www.dailymail.co.uk/news/articl ... ng-US.html
Given she had already served her sentence and has a young baby to look after why is the FBI so eager to put her on trial again??

Why wasn't Amanda Knox treated this way?



cyberdad
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03 Nov 2021, 10:18 pm

It seems what the FBI are doing is illegal to Heather Mack under US law
https://www.law.cornell.edu/wex/double_jeopardy



DW_a_mom
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03 Nov 2021, 11:51 pm

Quite a few things distinguish the two cases.

1. There was and continues to be skepticism on Knox’s guilt. Most public pressure here in the US was on the assumption she was innocent and being treated unfairly overseas.

2. The victim in the Knox case was not a US citizen and, thus, the US lacks jurisdiction (since the crime also didn’t occur here).

3. At the time Knox returned, she had been acquitted.

Double jeopardy is generally not applied when the prior prosecution was not in the US legal system unless there is a specific agreement between the countries. The summary you pulled up does not address the international nature of the case.

Pure speculation, but the victims family could well be pressing the case with the FBI because the foreign sentence seems light by US standards.


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Last edited by DW_a_mom on 03 Nov 2021, 11:58 pm, edited 1 time in total.

Dox47
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03 Nov 2021, 11:55 pm

DW_a_mom wrote:
Double jeopardy is generally not applied when the prior prosecution was not in the US legal system unless there is a specific agreement between the countries.


I'm sure you know this, but it's not just for prosecutions outside our system, you can be tried twice by the state and federal governments for the same offense, it's how the feds went after a number of infamous civil rights era criminals who were acquitted locally.

Weird side note; Amanda Knox lives in my old neighborhood and was a regular customer of mine, and really hated being recognized.


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cyberdad
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04 Nov 2021, 12:52 am

DW_a_mom wrote:
Quite a few things distinguish the two cases.

1. There was and continues to be skepticism on Knox’s guilt. Most public pressure here in the US was on the assumption she was innocent and being treated unfairly overseas.

2. The victim in the Knox case was not a US citizen and, thus, the US lacks jurisdiction (since the crime also didn’t occur here).

3. At the time Knox returned, she had been acquitted.

Double jeopardy is generally not applied when the prior prosecution was not in the US legal system unless there is a specific agreement between the countries. The summary you pulled up does not address the international nature of the case.

All three of these do make sense, I guess the FBI are doing their job

DW_a_mom wrote:
Pure speculation, but the victims family could well be pressing the case with the FBI because the foreign sentence seems light by US standards.


The weird thing is that Heather Mack is the victim's daughter. I am wondering why none of the family in the US is allowed custody of the grand-daughter? Stella Schaefer was in foster care with an Australian woman in Bali and is now in care of a guardian named Vanessa Favia. Not sure throwing her mother back in jail is in the best interests of the child but then US criminal law tends to be a little harsher than the rest of the western world.



cyberdad
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04 Nov 2021, 12:54 am

Dox47 wrote:
Weird side note; Amanda Knox lives in my old neighborhood and was a regular customer of mine, and really hated being recognized.


Knox claims she was tried by the media so I understand her fear of publicity. Strangely nowadays she uses the media to promote herself

https://www.speakerbookingagency.com/talent/amanda-knox



DW_a_mom
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04 Nov 2021, 2:06 am

Dox47 wrote:
Weird side note; Amanda Knox lives in my old neighborhood and was a regular customer of mine, and really hated being recognized.


Interesting. I've never been sure what to make of the case but fortunately it isn't for me to judge.


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