Quote:
Originally Posted by Jeff Higgins
O.k., I'm confused. It seems there is no end to convictions that get overturned on appeal here in the U.S. - is this not done in a court of appeal? Or am I even more confused than normal, mixing up legal definitions?
Is there any chance she is really... ... a murderer?
I admittedly never did follow this case, but it seems to me that if she were found guilty - twice - there may be a chance she actually did it. Seems like quite the public outpouring of sympathy for someone who looks for all the world to be a murderer.
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Here's the confusion.
Acquittal means the person is innocent of the crime. That decision comes from the jury after a trial. Once acquitted, double jeopardy forbids retrial on the same crime.
End of case.
Freed by appeal means the conviction by the jury is invalid due to some irregularity in the trial. Because the trial was invalid, the person is neither guilty nor innocent and could face a new trial if the prosecution feels they can convict following the rules set by the appeal.
Double jeopardy applies only if a person has been acquitted.
In the Knox case, she was found guilty. Upon appeal, the court found her factually innocent.
She was acquitted. In the U.S., that's the end but in Italy, the decision of the appeals court can be appealed further-- there is no double jeopardy protection. She was, in fact, acquitted, but was tried again and found guilty, again.
As far as the last part of your post ( two guilty verdicts, etc.), of course there is a possibility of guilt but the
quality of the trial is essential. Google
Michael Morton to appreciate my point.