Prime Minister Renzi’s Justice Reforms: One System-Change Need Strongly Suggested By Meredith’s Case
Posted by Peter Quennell
After all, it was not his pals that were being plagued with investigations and charges, it was ex-PM Berlusconi’s, and business is leaning on him.
Those reforms being talked about (of a system which most Italians rightly feel proud of) seem to mostly involve economic efficiency. But it would be popular if a more-pro-victim tilt is also promoted.
The only slight pro-victim tilt at present is the presence of a lawyer representing the victim at trial. Dr Maresca in fact is representing Meredith not her family, but this small tilt toward fairness drives the Knox crazies like Bruce Fischer even crazier. It also promotes the (illegal under the laws of all countries) stalking and harassment of Meredith’s family.
A more-pro-victim tilt polls well in Italy. A clear majority of the population would like to see it. This post was about one of the fearless campaigners, a popular TV presenter who has written to us with thanks for siding with her.
Surely introducing a hurdle to all those automatic appeals (unique to Italy) that so clog the court agendas and eat up judges’ time would be a good idea.
Surely a really good idea, one which all who those tied up by the case in Italy and also many here would side with, is: No fast-track trial and automatically reduced sentence like Guede’s without a REAL confession and repentance.
Our poster Popper explained (again) in comments here on 21 October what the law on fast-track trials is for the moment, and why Guede got no special breaks from anyone except the Italian system itself for not talking.
[A deal with Guede? All such deals are illegal.] Not only illegal, impossible I would say, as not envisaged by the code for serious crimes, ie not practically possible, there are no exceptions ... in addition 1. a prosecutor cannot promise or decide anything in that system (even if it was a small crime for which plea bargain is possible, judge or court decides and can say no) 2. Mignini was not the PM responsible of the Guede appeal as the groupies should know if they had read the primary documents they publish on their, for the rest, useless website 3. Mignini got a life sentence for RG (decreased to 30 years for fast track discount) I do not believe he appealed this verdict, obviously.
So as we said many times (I repeat for newcomers and for the benefit of people in good faith, FoA in bad faith know already) Guede got this reduction as the life sentence (with fast track discount 30 years, this is an automatic formula) became 24 years given the judges of appeal gave generic mitigations equivalent to aggravations, exactly as in the first instance and appeal trials of Amanda and Raffaele. Once this factor is introduced, the base penalty for murder becomes 24 years (like Amanda and Raffaele) but there is, for Guede, the automatic reduction of 1/3 for the choice of the abbreviated trial. Result is 16 years of prison.
Amanda and Raffaele got from 24 to 28.5 and 25 for their other crimes in continuation, theft phones, simulation, transportation of a weapon, calumny to Lumumba (only Knox).
Many might live more easily with the idea of Guede getting his sentence pared down to only 16 years in prison, if only he had been made to fess up properly about what happened and make a real bid to express sorrow and remorse to Meredith’s family.
But his sticking point even now which the current law allows is that Meredith INVITED him in for sex and he was only a bystander to her murder.
Wail at his callous obtuseness all you like, but he has only gone where the system itself points him.
Judge Massei had tried to punish him additionally by reversing Judge Micheli on primary blame and placing primary blame for the fatal attack on Guede.
But that weird stretch didnt hurt him, his eventual sentence was unaffected, and it caused enormous problems down the road when Judge Hellmann was enabled to go even further and roll back the guilt of RS and AK entirely.
This is a problem Judge Nencini then had to set about correcting, which never would have even existed had Guede been forced in 2008 to fully confess and repent, in exchange for his fast-track trial and reduced sentence.
If the Italian system had forced Guede’s confession in 2008 as his part of the deal, how radically different would have been the history of this protracted process. And how radically different would have been the lives and peace of mind of Meredith’s family, left suffering now both financially and in health terms.
It wasn’t meant to be, but in this respect Italy’s is a cruel system. Please, Prime Minister Renzi, correct it. Call it the Meredith Amendment.
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