A possible factor in Amanda Knox's ongoing incarceration
For those folks - such as myself - who are a little confused as to why former University of Washington student Amanda Knox can be held without charges in an Italian jail cell in connection with her roommate's murder, this tidbit of information may make the "hold for a year without charging" policy a little more clear: it seems the Italian court system has a serious problem with backlogged cases.
According to "Crime and Criminal Policy in Italy: Tradition and Modernity in a Troubled Country", a piece published by two Italian grad students the European Journal of Criminology last year (subscription required), the Italian court systems had over 3 million "pending" criminal cases as recently as 2005.
This could help explain why no charges have been brought against Knox, her former boyfriend Raffaele Sollecito and reported drug dealer Rudy Guede. Plus it raises some other questions: if the court system is that bogged down, how effective is the investigation into Meredith Kercher's murder? What if, after a year, they simply release Knox? The idea was unfathomable six months ago; now, it could very well be the case (after all, more than a few people were waiting with bated breath for the court's decision earlier today on Knox's immediate fate). If that happens, I'm guessing we can expect this matter of backlogging is sure to gain some much deserved attention.
Serious problem with back logged cases doesn't begin to describe Italy, it's so bad, I figure if they won't take money for a diplomatic exception you are entitled to squeeze off on them.
(they'll take the money)
It is a fundamental rule never to pop at a cop, but in Italy, what the heck, it is only a little jig of the finger and if you aim right at their silly ass they might just fuck off.
"Never-ending cases. 3,612 preliminary investigations against judges have ended in 3,612 acquittals"
http://www.corriere.it/english/articoli/2008/01_Gennaio/22/Italian_justice_stella.shtml
If you decide to flip for a hearing, try to get a good lawyer, ask the judge if he can vouch for anybody.
Tazia
Possibly they keep her in prison because she lied in pretty much everything she said during the interviews with the police. As far as I can see she should be kept in prison.
Transcripts of the hearings before the judge can be read here: http://perugia-shock.blogspot.com/
Before you complain about foreign legal systems, you should take a closer look at your own justice! My hubby is in prison for over 17 years (of 30 years), because he sold four alledgedly stolen car wheels! Since 1976 your government killed over 1062 people, your prioson are overcrowded! The United States of America is the ONLY country, who still execute human beings! So think first about your own country!!!!
italian legal system is a little different from u.s.'
in this part of the process a g.u.p. (giudice per le udienze preliminari) states his proofs before a court that has the due to decide if they are sufficient to start a judgment. then the suspect is "rinviato a giudizio": the judgment can start. a "procuratore" an equivalent of an attorney but with less powers hold the accusation. a suspect has to undergo TRHEE degrees of judgment to be considered guilty, each of them stated before a new court and a new judge.
the custody to wich you refer is called "custodia preventiva" it means that a g.i.p. (giudice per le indagini preliminari) has the autority to held in custody suspects who can blur proofs, can flee or cause damage to other people if set free. pay attention the g.i.p. request the custody and another judge decides about it.
in Italy there is no liberty on bail and there is no death sentence.