Saturday, December 05, 2009

Full Roundup On The Verdict, Sentencing And Reactions Here For Sure Sunday Latest

Posted by Peter Quennell

There is so very much to report.

And obviously we are playing catch-up here after yesterday’s crashes despite some amazing support from our hoster in Phoenix. .

This site is very demanding. with the YouTubes, Powerpoints, images, and Acrobat versions of images. The site runs stable on a shared server with up to 300 or so online but above that it loses stability..

TJMK will move to a dedicated server starting next week. We are not going anywhere. An average of 300 readers puts TJMK in THE TOP TWO PERCENT of all sites visited in the world.

Posted by Peter Quennell on 12/05/09 at 04:00 AM in Trials 2008 & 2009Massei prosecution

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I’m sure that the question of the solidity of the evidence against Amanda and Rafaelle, and hence their culpability, will continue to be discussed in the US-medias for some time.

But I’m wondering about relations between culpability and punishment in Italian system of justice – can someone out there shed light on this??? Please post a comment!

We are waiting for the reasoning of the jury’s verdict, to be published in a month or two (dont remember exactly the time), and this would likely explain how the jury sees the culpability. But how to understand the punishment?

The 26 years and 25 years, respectively. The difference between the 30 years demanded by the prosecution and the 26/25 is supposedly due to the acquittal from the accusation of theft, but is this all – or could there be a discount due to other reasons? The difference 26/25 between Amanda and Rafaelle, is supposedly due to that Amanda, additionally, is found guilty in slandering of Patrick.

But who transforms culpability into punishment? (i.e. measure the years in prison, as there is no other possibility for punishment in Italy).

Is it the jury or the presiding judge alone? And according to which principles/rules/practices?

How is culpability related to the indictment? Can culpability be differentiated (can you be more or less guilty in murder) or will the jury have to differentiate the indictments (murder one/manslaughter)?

My question arises from my experience of what seems to be different understanding of what it means to be culpable in murder: I’ve noticed that in some cases in US, the driver of the get-away car get convicted of murder despite everyone agrees that he did not enter the house (where the murder was committed by the rest of the gang).

Likewise it seems to be possible to assign (a sort of) collective culpability (to convict a group of persons) despite it is obvious that only one person could have committed the murder (for example only one person can pull the trigger of a gun). This is not possible in Scandinavia (which occasionally causes great frustration and pain) – how is this in Italy?

Best, Fiori

Posted by Fiori on 12/06/09 at 07:16 AM | #

The John Q. Kelleys and Cliff Van Zandts of the media world are vigorously and ignorantly throwing insults, accusations and protestations of unfairness at Italy and the Italian justice system.  At least some of the news shows featured Andrea Vogt and her measured, knowledgeable and objective comments in addition to the repugnant Knox clan and its PR sycophants.  Of more concern is the pressure on the United States government to intervene based entirely on the xenophobic notion that this American woman simply “could not be guilty.”  Write your congressperson and urge them to seriously study the case before blindly joining the “it just ain’t fair” brigade.  My hope is that now that they have both been (justly) convicted, that one of them will consider telling the truth FOR ONCE.  Probably too much to hope for, but in the mean time they can enjoy the fruits of their behavior, horrific lies, dissembling, and smug, self-satisfied attitudes.  All ya need is love Amanda.  Enjoy Capane.

Posted by Sierra1049 on 12/06/09 at 05:18 PM | #

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