By
Rachel Solomon
June 22, 2009
Two Saturdays ago, graduates of the class of 2009 sweated under the sun of Husky Stadium.
Amanda Knox would have been among them. Instead, she perspired under the stark lights and solemn questioning of an Italian courtroom.
In a study-abroad nightmare, the former UW student was arrested in November 2007 and charged with the murder of her British roommate, Meredith Kercher, while in Perugia, Italy. The trial launched in January; Knox, 21, began testifying June 12. The court, which is only in session Fridays and Saturdays, is now about to hang up the gavel for a cushy summer vacation.
To an American, this offers an odd snapshot of justice.
Many in the public sphere are quick to point an incriminating finger at the Italian court system. Even the politically attuned journalists at Marie Claire disparaged it as complicated and corrupt — and as a women’s beauty magazine, they should know what they’re talking about.
An ocean away from the action, the U.S. legal system remains about as popular as a liver-flavored cupcake. Whether they’re dodging jury duty like it’s the next global pandemic or suing a fast-food chain for making their kid fat, Americans have gained notoriety for abusing the system and then whining about its lack of efficiency.
So, let’s brush up a bit on Italian law, a subject most of us last studied … well, probably never. It should place our own judicial system into a decidedly more attractive light.
Following her arrest, Knox was detained in prison for almost a year before being formally charged with murder by the Italian courts. This was not unusual: In Italy, a suspect can be held for up to 12 months without being charged with a crime.
When a case finally goes to trial, the accused do not swear an oath in court and are therefore under no obligation to answer questions truthfully. The defendant, who is permitted to interrupt the proceedings or refuse to respond at any time, is expected to lie, legal analyst Lisa Bloom reported on CBS News.
While defendants are presumed innocent until proven guilty, as outlined in the Italian constitution, the supremacy of the prosecutor essentially negates this stipulation, and the justice system often buckles to their whim. Unfortunately for Knox, her prosecutor, Giuliano Mignini — who himself is under investigation for abuse of power, which, strangely, does not prohibit him from acting as prosecutor — theorizes that she was involved in a satanic ritual and orgy gone awry. He appears poised to prove it: It’s safe to assume that Mignini’s opinion of the young American rivals a slug’s opinion of salt.
And, the Italians don’t afford the luxury of unanimity available in most state courts. A verdict is determined by a majority vote of six jurors — ordinary citizens plucked for duty — and two judges. Five people utter “sì” and Knox can bank on celebrating her 50th birthday in prison.
This is not to say that our system — though it should be valued — is flawless. Lawsuits are processed at a glacial speed, and charges of corruption float through the sometimes-murky judicial pond. But at the very least, our defendants are treated a touch more humanely when sweating it out on the witness stand.
Reach features editor Rachel Solomon at opinion@dailyuw.com.
5 Comments
#1 vikassinghania
on June 22, 2009 at 1:59 p.m.(Bombay, India)
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#2 Sam
on June 22, 2009 at 5:49 p.m.(Seattle, WA | UW Community)
for anyone interested in more information about the case, please visit friendsofamanda.org for details on the evidence (or lack thereof) against Amanda.
or support her family by donating at amandadefensefund.org
#3 ThomasC
on June 23, 2009 at 3:55 p.m.(Bellevue, WA | UW Community)
Great article Rachel :)
#4 Observer
on June 30, 2009 at 10:39 a.m.(Roseville, CA)
After you take a look at "friends of amanda" you might also take a look at the much more comprehensive, objective and thorough analysis at truejustice.org. Knox may or may not have been involved in the crime, but the FOA site offers for the most part nothing more than advocacy and spin. Also, I think the Italian system is, if anything, far easier on a defendant than the American system. The physical evidence is what it is (DNA, footprints etc) but the most damning thing for Knox is her repeated changed stories, lies, lack of an alibi, accusations of an innocent man and bizarre behavior immediately after the crime and during the trial. What kind of person/defendant wears an "all you need is love" t shirt to her murder trial?????
#5 malcolm
on July 1, 2009 at 2:08 a.m.(Bangkok, Thailand)
It doesn't seem that you have really thought through the differences between the American and Italian systems. Most of the differences that you mention are actually ADVANTAGES for the defendant. For example, the defendant can make a statement at any time, does not have to swear to tell the truth, and can refuse to answer questions. Here are some other points where the Italian system seems to be better, just based on what you've said:
1. Defendants can defend themselves with worrying about a perjury charge, which is a kind of double jeopardy (first the defendant is found guilty, and then is put on trial for lying, which would require reproving the original charges). Note that WITNESSES in Italian trials are required to swear to tell the truth.
2. The jury includes 2 professional judges, so you're less likely to see crazy verdicts such as in the OJ trial or the Kahane murder case, where juries are swayed by illogical or rhetorical defense arguments.
3. By not having to deliberate until a verdict is unanimous, you avoid having retrials due to obstinate jurors who form opinions based upon biases and refuse to examine the evidence. How often have you ever heard of a case where there was a hung jury that was 10-2 or 11-1 for conviction and then at the retrial another jury acquited on the same evidence? Has this ever happened? (I loved "12 Angry Men" too, but it's a fantasy.) The overwhelming majority of the time, hung juries with only a few holdouts just lead to lengthier and costlier (re-)trials, such as the Phil Spector case.
I'd also like to point out that while someone may be held for a year before being formally charged, during that year there are numerous hearings where different judges must decide that there is sufficient evidence and reason to hold a suspect. It is like having a grand jury and a bail hearing before a trial, only if defendants are held longer, there are many more of these hearings (and thus chances to go free) than in the US. A number of different judges in this case independently decided that there was sufficient reason to hold the suspects. And in the US it is not uncommon for suspects to languish in jail for months (or longer) before a case goes to trial, and that can drag out for many months, too.
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