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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Ananda knox was found not guilty in 2011 for the killing of

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Ananda knox was found not guilty in 2011 for the killing of her roomate while she was overseas in Italy. she was found guilty of killing her roomate in 2007 and then overturned in 2011. now the italian courts wants her back to be tried in italy.Most legal analysts, expect Knox to be tried again only in absentia for the crime. If found guilty will she be forced to go back to Italy and sit in jail for for the crime? Or can she stay within the US and stay free?

She does not have to return for the trial, as Italian law does not require the defendant to be present. If she is convicted again and given a prison sentence, the Italian government would have to pursue her extradition to Italy from the United States. The United States can refuse extradition. If Italy does not pursue her extradition or her extradition is denied, then she would not return to Italy to be incarcerated.
Customer: replied 3 years ago.
In your opinion, if she is found guilty do you think the US government would protect her and not send her back to Italy?
It is possible. The retrial may be considered to violate double jeopardy, and even though the Italian courts don't recognize the American Constitution, the United States may choose to refuse extradition on a case that would otherwise violate a citizen's rights if it occurred here in the US.
Customer: replied 3 years ago.
Sorry last question. Your reply that it doesn't follow the US constitution, relates to the fact that once an individual is found not guilty of a crime they cannot be retried for the same crime? Additionally the DNA evidence that the Italians have, wouldn't hold up in court in the United States court bc it was so miniscule? Am I correct about these statement? Last questions
Yes, that is a correct statement of double jeopardy. With the Knox case, the State Department would probably look at whether the second outcome was an acquittal or just an appeal (an acquittal would prevent retrial under double jeopardy but an appeal ruling would not).

The DNA evidence probably wouldn't have held up in a court here, not so much based on the quantity recovered but because of the questions about the evidence upon which the DNA was found was tainted and there were problems with the tests that were performed. The improperly handled and tainted evidence likely would have resulted in the test results being excluded because they were not reliable.
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