| More than a year after it all began, a jury in Perugia, Italy has convicted American student Amanda Knox of murder. In conjunction with the verdicts being read, both Ms. Knox and her boyfriend (co-defendant) Rafaelle Solecito were sentenced; Knox receiving 26 years in prison and Solecito 25. As a respected criminal defense attorney in Southern California, I have followed this trial closely to see what lessons could be learned and applied to the practice of law here, at home. It will be most interesting to see what, if anything, the members of the pair's jury says about the case and their deliberations. One of the things we as lawyers always try to do is get into the minds of jurors. When we are in court awaiting verdicts after our trials, speculation reaches an almost fevered pitch. It becomes an inclusive activity involving all members of the court staff and even the prosecutor. As I previously have written, the criminal justice system is very different abroad than it is here, in the United States. Here, in order to reach a verdict, 12 people must unanimously agree, beyond a reasonable doubt, that a defrendant commited one or more crimes. In Italy, a jury consisting of 10 people (two judges and eight civilians) decided the fate of Amanda Knox and Rafaelle Solecito. Also here, sentencing most often is "put over" or continued. That clearly is not the case in Italian courts. One other difference is that, in Italy, defendants usually remain free after a guilty verdict has been reached until all appeals have been exhausted. This process may take several years. That certainly is not true in our justice system. In Ms. Knox's case, she will remain in custody due to the extenuating and international circumstances involved. There is much more to this story that most certainly will emerge in the days, months, and years ahead. An appeal for both is certain. I will keep everyone posted as details emerge. For more information on this topic and all of your criminal defense needs, contact the Law Offices of Richard M. Sudar at (310) 277-4112. You can also click here for immediate assistance. |
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Posted By Richard Sudar on December 04, 2009 03:42 pm | Permalink  |