Amanda Knox Retrial: Two Potential Outcomes to Her Italian Ordeal
Italian judges have called for the retrial of the controversial murder case involving Amanda Knox. While studying abroad in Perugia, Italy, Knox was convicted along with former boyfriend Raffaele Sollecito for the 2007 death of Knox's British roommate Meredith Kercher. Knox served four years in an Italian jail but was acquitted in 2011 and returned to the U.S. However, the Italian Supreme Court has since had a change of heart and have decided to reopen the case. Between her aggressive legal team and the questions circulating about double jeopardy, Knox will most likely remain innocent.
Since the decision that was made Tuesday by the courts, Knox has not been shy about vocalizing her sentiments. In a statement made in the aftermath of the announcement, Knox indicated that she will fight to clear her name.
"The prosecution responsible for the many discrepancies in their work must be made to answer for them, for Raffaele's sake, my sake, and most especially for the sake of Meredith's family. Our hearts go out to them. No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity," she said.
The concept of double jeopardy certainly comes into play. Under U.S. jurisdiction, the Fifth Amendment indicates that once a case is dismissed, a citizen can not be tried again for the same crime. However there are some exceptions to this definition including the possibility that there was "misconduct exercised by the prosecutor." The fact that Knox was originally tried in an appellate court and now being retried to the high court also warrants a possible exception. Nonetheless her legal team will most likely battle a possible extradition if Knox is once again found guilty.
College student Meredith Kercher was found slain in the apartment shared with Knox and some other female roommates. The crime scene described Kercher as being nude and her throat slashed, along with evidence suggesting burglary of her credit cards and cash. The case involved another twist, with a man from the Ivory Coast Rudy Guede. Evidence later suggested Guede of raping and killing Kercher, which caused the acquittal of Knox and Sollecito.
Knox's initial sentencing called for murder, sexual assault, and conspiring in burglary, which would result in 25 years of prison. Since the case's dismissal and her release in 2011, Knox is currently a student at the University of Washington. As for her former Italian beau, Raffale Sollecito is also a student studying in Italy. Knox has since compiled a tell-all memoir titled Waiting To Be Heard with an expected release date pending April 30, 2013. While the Amanda Knox case sparked a worldwide divide in opinion on her innocence, chances are the Italian courts will have little success in convicting her once again.