Amanda Knox And Italy's Legal System

1159 words - 5 pages

On the night of November 1st 2007 in Peruglia Italy, Meredith Kercher was murdered by being stabbed in the neck. Kercher’s roommate, Amanda Knox had returned home on the morning of November 2nd, from spending the night with her boyfriend Raffaele Sollecito. Later, Knox returned to Sollecito’s apartment and explained that she had observed small speckles of blood in the bathroom, the front door ajar, and Kerchers bedroom door locked. Kercher’s body was found half naked, and under a duvet after police broke down the door to Kercher’s bedroom. Knox was interrogated on multiple times without an attorney present. She was slapped on the back of the head and forced to visualize a probable scenario, of which the police took as an admission of guilt and had her sign a statement to the vision. DNA was retrieved from the crime scene, but only pointed to one suspect, Rudy Guede, who had fled Italy on the night of the murder, arrested in Germany, admitted to being in Kercher’s apartment that night, and was later found guilty. No DNA evidence was recovered to implicate either Knox or Sollecito as to being present at the time of the murder. In 2009 Knox and Sollecito were found guilty and sentenced to 25 and 26 years. In 2011 an appeals judge repealed Knox and Sollecito’s sentence based on no proof of their guilt. Knox returned home in the U.S. In 2013 Italy’s Supreme Court, the Court of Cassation, ordered a retrial. Knox and Sollecito were then found guilty of Meredith Kercher’s death. Italy has since called for the extradition of Amanda Knox, but it is still being appealed.
The Italian legal system is that of civil law. According to Abadinsky civil law is based on written laws and statutes dictated by legislation and must be strictly adhered to. It is meant to cover every applicable situation in which the judicial branch may incur. Previous cases that were decided on are devoid of any practical application of future cases and are only a loose guide to judges presiding over current cases. Judges are the evidence gatherers and investigators, not the attorneys. Defense attorneys may only petition the judge, or judges, to ask certain questions. Cases are not determined by juries, but rather are determined by the judges. Usual criminal cases are presided over by a three judge panel, and no jury, while more severe criminal cases are presided over by two senior judges and six citizens. The eight panel jury includes the judges who also vote on guilt, and help guide the other six jury members on how to vote. The judges are considered civil servants, and usually have not previously practiced law. There are many different branches of judicial power within the Italian judicial system. The Courts of First Instance have general jurisdiction over all civil and criminal disputes. The Courts of second instance are an appeals court for the courts of first instance. New evidence and testimony can be submitted in the appeals court, and is presided over by a three judge panel....

Find Another Essay On Amanda Knox and Italy's Legal System

Legal System Identification, Comparison and Analysis Memorandum

1938 words - 8 pages their rights is by hiring an experienced attorney. This report will attempt to identify the court system that has jurisdiction if a lawsuit should occur. This paper will also attempt to educate and inform Mr. Al Jones on the stages and proposed resolution.Description of the state court that can review and resolve the situationWhen the defendant is a corporation, partnership, or sole proprietor, the defender is subject to personal jurisdiction in

Legal System Identification, Comparison, and Analysis Memorandum

1705 words - 7 pages the attempt of the legal team to keep the situation focused and based on the civil aspects of the situation. In light of the civil acts in this situation, the legal team will recommend that a resolution instead of a conviction be used to prosecute Mr. Jones. An ADR (Alternative Dispute Resolution) can resolve the situation between all parties without the process of the court system (California, 2009). One way to resolve this situation is through

High Court and Australian Legal System

1925 words - 8 pages "The keystone of the federal arch, which would decide the orbit and boundary of every power; the competent tribunal which would protect the Constitution and oversee its agencies."[A reference to the High Court of Australia - Galligan, B, 'The Power of Seven' Smith, M Legal Process, 6th ed. Sydney, LBC, 1994, 619.]On the 18th of March 1902 one of the greatest speeches in the political history of Australia was made by the attorney general at the

Criminal and Civil Law in the English Legal System

1893 words - 8 pages awarded against the loser (unlike in the full court). Legal representation is discouraged in this way. An 'integrated' theory of the civil justice system encompasses not merely formal legal rules and state courts, but also the numerous others kinds of dispute resolution mechanisms which exist to resolve civil disputes.

The English Legal System is based on the age-old system of precedent, which can be strict and inflexible

1415 words - 6 pages English Legal SystemThe English Legal System has slowly been evolving over time and can be traced back as far as 1066. Certain characteristics help to distinguish this law system from any other, such as the law of precedent. Throughout time, a specific court structure has matured and a form of hierarchy is held between the different courts. Through the doctrine of binding precedent, the decisions of the superior courts are binding on the courts

The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System

4139 words - 17 pages The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.’[1] In other words it is an agreement between the prosecution and the defence by which the accused changes his plea

Lawsuits Gone Wild: Our Out of Control Legal System and the Need for Tort Reform

1195 words - 5 pages over prescribe on tests, treatments, and medicine as a hedge against medical malpractice claims. President George W. Bush hopes to fix the current legal medical crisis, and is quoted as saying"For the sake of our health care system, we need to cut down on frivolouslawsuits which increase the cost of medicine. People who have beenharmed by a bad doctor deserve their day in court. Yet the system shouldn't reward lawyers who are simply fishing for a

Role of the US Constitution and Legal System in Business Regulation

1090 words - 4 pages Role of the US Constitution and Legal System in Business RegulationThe Constitution of the United States and their legal system have an impact on the guidance and operation of companies in any industry. In case a person breaks a law, for example, he or she may be obliged to pay a fine or even imprisoned in the US. It works the same way with companies: if a business is found responsible for allowing its employees to violate regulations this

Child Abuse and the Legal System - Forensic Developmental Psychology: Unveiling Four Common Misconceptions

773 words - 3 pages by children. Spurred by an increased awareness of the pervasiveness of child sexual abuse, state after state revised its criminal procedures to enable prosecutors to deal more effectively with victims and defendants. This led to important changes in the legal system, to many countries in the western world. These changes included allowing children to provide uncorroborated testimony in cases concerning sexual abuse a crime that by its very nature

The Australian Legal system, differences in civil law and criminal justice, how can both systems be improved? Justify

1097 words - 4 pages and the type of punishment give out.The Legal system needs major improvement, the Criminal justice system needs to be more effective in deterring potential criminals and stopping repeated offenders. There are also many loopholes and flaws in the legal system. There are also many ridiculous loopholes in the civil law system which has led to a massive increase in people suing individuals/ companies for ridiculous reasons.One way to improve the

Discuss whether trial by jury should be abolished in the English legal system? Critically analyse the advantages and disadvantages of the system

2010 words - 8 pages be critically analysing whether trial by jury should be abolished in the UK legal system plus evaluating the advantages and disadvantages of the system.Lord Devlin was quoted as saying the jury system is "the lamp that shows that freedom lives". A Jury can decide cases on their idea of fairness, e.g. R v Ponting [1984] civil servant leaked info to a MP on the ground of public interest, jury refused to convict despite no legal defence. Juries are

Similar Essays

Criminal Legal System And Ethics Essay

1308 words - 6 pages Policy Level Ethical Issues in Criminal Courts and the Legal System Ethics in policy making and application of ethics in criminal courts and legal system is a critical factor for systemic transparency. Policy makers are faced with the daunting task of creating an electoral system that reflects the will of the people. However, varied opinions make it hard to achieve this ideal. One ethical issue that policy makers and legal practitioners face is

Spain And India's Political And Legal System

2339 words - 9 pages The political and legal system of India and Spain are within the same geographical region. Although these countries are within the same region the challenges and opportunities presented by the existing political and legal system of India are different of those from Spain. India and Spain face different ethical and social responsibilities to their people. Trying to keep within the political and legal system of these countries often times can

The United State Legal System And Legal Practitioner

1360 words - 5 pages accused individuals, guilty criminals, and corruptive organizations. Legal practitioners play pivotal roles within the criminal justice system and although laws are meant to provide types of behavioral conformities within social norms, it too must be protected from being abused by government officials practicing law enforcement, hence, legal practitioner ensure lawful judicial balance in the pursuit of justice. Although lawyers and attorneys provide

The Legal System And Police Powers Legal Studies Assignment

1412 words - 6 pages LEGAL STUDIES: The Legal System Lauren Backhouse Describe the legal powers of enforcement agencies: police, government departments or other authorities. Assess how effectively the legal system balances the rights of law enforcement agencies and the rights of individuals and society. Police are given their powers by the parliament under the Law Enforcement Powers and Responsibilities act (LEPRA). This act was passed in 2002 although it didn’t