Lots
of Media Coverage of Amanda Knox, But Almost No One has Bothered Reading the
U.S. Italy Extradition Treaty
by Julian
Ku March 29, 2013
A
depressing large number of U.S. media outlets are covering the Italian Supreme
Court’s decision to order a new trial in the case against Amanda Knox, the
American exchange student charged with murdering her British roommate in Italy.
Knox was convicted in trial court, but that conviction was overturned on
appeal.
I
say depressing because this is hardly the most significant international
criminal trial going on these days. It is also depressing because most of the
U.S. media coverage, and even the “expert” legal commentary, can’t seem to
understand that if Italy requests Knox’ extradition, Knox has no double jeopardy defense.
The
biggest mistake made by most of the media commentary (I’m looking at you Alan
Dershowitz and various law prof types here)
is that almost no one seems to have read the U.S.
Italy Extradition Treaty. Article VI reads:
Extradition
shall not be granted when the person sought has been convicted, acquitted, or
pardoned, or has served the sentence imposed, by the Requested Party for the same acts
for which extradition is requested
(Emphasis
added.) The Requested Party in this scenario would be the United States (Italy
would be the “Requesting Party”). The U.S. has never charged Knox with
anything, much less with the murder of her UK roommate. So Article VI
does not bar Knox’ extradition to Italy. Period.
What
about the U.S. Constitution’s Fifth Amendment prohibition on Double Jeopardy?
Well, the short answer is that the Fifth Amendment’s Double Jeopardy Protection
doesn’t apply in an extradition proceeding since the U.S. is not the one
trying Knox (they are just handing her over). The long answer is that
even if the Fifth Amendment did apply, under US law, an appeal that
overturns a lower court conviction is not an acquittal for purposes of the
Fifth Amendment. That is basically what happened here. Knox was
convicted, then her conviction was overturned on appeal, and then the appellate
court judgment was reversed, and a new trial ordered (albeit at the appellate
level). This is not double jeopardy, either under Italian law or US law.
So
Knox had better get ready to be extradited, or she better get ready to move to
Brazil. She has no serious double jeopardy defense here that I can see.
Now, if only someone would tell Alan Dershowitz.
