'Double Jeopardy' Could Block Knox Extradition
Experts say case could put US courts in uncharted territory
By Rob Quinn, Newser Staff
Posted Mar 27, 2013 3:50 AM CDT
Updated Mar 27, 2013 7:16 AM CDT
Amanda Knox is escorted as she arrives for an appeal hearing at the Perugia court, central Italy, Monday, Oct. 3, 2011.    (AP Photo/Pier Paolo Cito)

(Newser) – Amanda Knox won't be going back to Italy for her new murder trial, but if she is found guilty in absentia and appeals fail, she could be facing a mammoth legal battle at home in the US. If Italy seeks her extradition, American courts will have to decide whether the constitutional ban on "double jeopardy"—being tried twice for the same crime—trumps the extradition treaty the US has with Italy, Reuters reports. The new trial is expected to begin late this year or early in 2014, Knox's Italian lawyer says.

An Italian court overturned Knox's murder conviction in 2011, and any extradition case will probably hinge on whether American courts consider that to be an acquittal, according to Harvard law professor Alan Dershowitz. "It's very complicated, and there's no clear answer. It's in the range of unpredictable," he says. A Washington-based lawyer specializing in extradition predicts an "uphill battle" for Knox if she tries to fight extradition. The Senate has ratified the extradition treaty with Italy, which it wouldn't have done if it "didn't think the Italian process was fair and due process was sufficient," he tells ABC.

More From Newser
My Take on This Story
To report an error on this story,
notify our editors.
'Double Jeopardy' Could Block Knox Extradition is...
2%
17%
3%
8%
9%
60%
Show results without voting
You Might Like
Comments
Showing 3 of 55 comments
logicaldood
Mar 28, 2013 1:18 AM CDT
She was stupid to go to Italy to study. Another dumb mistake was to get in a sex triangle. She never really show any emotions in court either. I don't believe she was not completely innocent. The Italian legal system seems like it is ran by the Keystone cops. Strange story.
BCS
Mar 27, 2013 9:30 PM CDT
Screw Italy. US Constitution comes before a stupid treaty
Chatsworth
Mar 27, 2013 3:51 PM CDT
What bullshit.Wasn't she convicted on the testimony of some guy who just happened to be partying with Amanda and her friends and wasn't he culpable in the stabbing? where does he get off scot free?And since he was a homeless vagrant,how does his testimony carry any weight? And didn't Amand and her boyfriend actually have an alibi for that time period when the other guy was alone with Meredith, and who says he didn't stab her?Absolute horsecrap.