Ragioni di efficienza che dipendono dalla Ragioni di efficienza che dipendono dalla disciplina processuale. Letteratura tedesca sul diritto delle prove: profili generali. Crisi delle Maximen? Onere della prova e libero convincimento del giudice. Disagio del non liquet. Valutazione della trattazione processuale. Onere di sostanziazione. Segue: aspetti meritevoli di ulteriori approfondimenti.
Poteri probatori e modelli processuali. Esibizione dei documenti. Segue: potere discrezionale del giudice.
Index of /page_3
Segue: nuova disciplina. Segue: onere di sostanziazione v. Segue: notice pleading - fact pleading. Segue: onere di indicazione precisa del documento e prime prassi giurisprudenziali. IV, Torino, , p. Caponi, , Giudice di pace e conciliazione in sede non contenziosa "Justice of the Peace" and Conciliation more. Pubblicato in Foro italiano, , V, Conciliazione in sede non contenziosa. Proposte di rivitalizzazione. Osservazioni conclusive. Testo della relazione al Testo della relazione al convegno Il giudice di pace: valido riferimento di giustizia al servizio del cittadino sul territorio.
Successivamente il testo ha costituito la base della relazione al convegno internazionale La conciliazione in Europa. Le istituzioni pubbliche e private. Pubblicato in Foro italiano, , V, c. Spinta verso i metodi di ADR. Insuccesso della conciliazione giudiziale. Sviluppo della conciliazione stragiudiziale. Conciliazione facilitativa e conciliazione valutativa.
Conciliazione stragiudiziale nelle controversie di lavoro. Conciliazione amministrata dalle camere di commercio. Conciliazione stragiudiziale nelle controversie societarie. Profili funzionali. Guardai la borsista un poco stralunato: nonostante che io avessi alle spalle una quindicina di anni di studi di diritto processuale civile e due libri pubblicati, sapevo a malapena che cosa era la conciliazione e non conoscevo la conciliazione amministrata dalle camere di commercio.
Pubblicato in Rivista di diritto processuale, , p. Sommario: 1. Distinzione tra cognizione piena e cognizione sommaria. Modelli del rito ordinario. Alternative della formelle Prozessleitung. Segue: termini legislativi o giudiziali, rigidi o elastici. Distinzione tra cognizione piena e cognizione sommaria: conclusione.
Situazione italiana. Nicola Picardi. Lessi i primi due libri di Nicola Picardi, La successione processuale e La trascrizione delle domande giudiziali quando stu-diavo per la mia tesi di laurea sulla successione a titolo particolare nel diritto controverso. Caponi, G. Romualdi, La conciliazione amministrata dalle camere di commercio On Institutional "Conciliation" more. Recentemente alcune camere di commercio hanno istituito un servizio di conciliazione completamente on-line. Civinini e C.
Verardi, Milano, , p. Dos Santos Bedaque, L. Batista Cintra e E. Eid, Brasilia, Gazeta Juridica, Caponi, , La formazione postlaurea nelle professioni legali: situazione attuale e prospettive Postgraduate Legal Education in Italy more. Approdo ermeneutico della scienza giuridica e scuole di specializzazione.
Due problemi fondamentali della formazione Due problemi fondamentali della formazione postlaurea. Modelli teorici stranieri e scuole di specializzazione italiane. Valutazione dei primi cinque anni di esperienza delle scuole di specializzazione. Disciplina degli esami di accesso alle professioni. Rinvigorimento del modello della formazione separata. Formazione iniziale e crisi delle fonti del diritto. Durata delle scuole di specializzazione: un anno o due anni?
Testo integrale della relazione presentata al convegno I professionisti della giustizia. Orlando Roselli. Palazzo e O. Roselli, Napoli, , p. I, Milano, , p. Caponi, , Scuole di specializzazione per le professioni legali: prospettive di riforma? Schools of Legal Professions: Avenues of Reform more. Stato delle scuole di specializzazione. Resistenze negli ambienti universitari. Approccio ermeneutico e formazione professionale universitaria.
Comparazione con il modello tedesco. Rapporto con la riforma degli ordinamenti didattici universitari. Scuole degli ordini forensi. Metodo e valutazione della didattica. Ravvicinare la tipologia degli esami di accesso alle professioni legali. Modificare i contenuti delle prove scritte del concorso per uditore giudiziario. Evoluzione del modello burocratico di reclutamento dei giudici. Caponi, , Scuole di specializzazione per le professioni legali ed insegnamento del diritto processuale civile School of Legal Professions and Teaching of Civil Procedure in Italy more.
Modelli europei. Modello tedesco. Segue: influenza dello Stato sulla formazione del giurista. Segue: metodo e contenuti della didattica. Segue: nozione di professione legale. Segue: tirocinio professionale come rapporto di impiego pubblico. Segue: selezione in base al merito.
Valutazione delle scuole italiane alla luce del modello tedesco. Stages e tirocini. Segue: metodo casistico in Germania. Segue: argomentazione orientata alle conseguenze. Segue: metodo casistico in materia processuale. Segue: prospettive di diffusione del metodo casistico in Italia. Obiettivo formativo. Attuazione della riforma. Scuola di specializzazione e pratica professionale nel periodo transitorio. Formazione permanente. Osservazione conclusiva. Pubblicato in Riv. Tradotto in lingua portoghese da R.
Provisional measures aimed at recovering goods after transfer based on invalid or avoided contract. Efficacia del sequestro giudiziario nei confronti degli Efficacia del sequestro giudiziario nei confronti degli atti di disposizione giuridica. Pubblicato in Quaderni del Consiglio superiore della magistratura, n.
Le idee qui esposte vengono approfondite e sviluppate in Il sequestro giudiziario di beni nel processo civile. Profilo storico-sistematico, Milano, , specie p. Published in Rivista dell'arbitrato, , p. Le commissioni arbitrali e conciliative presso le camere di commercio nel quadro dei modi alternativi di risoluzione delle controversie.
La giustizia civile come La giustizia civile come servizio pubblico. Contratto di amministrazione di arbitrato.
Rapporto tra parti e arbitro. Inesistenza del rapporto tra istituzione ed arbitro. Esame prima facie della convenzione arbitrale. Notificazione della domanda di arbitrato. Esame del progetto di lodo. Disciplina dello svolgimento del processo: rinvio.
glossario termini giuridici ingelse-italiano, Appunti di Inglese Giuridico
Disciplina dei provvedimenti cautelari. Sequestro conservativo. Arresto personale del debitore. Sequestro giudiziario. Provvedimenti cautelari a contenuto anticipatorio in generale. Provvedimenti cautelari di condanna al pagamento di somme di denaro. Provvedimenti cautelari a tutela del possesso. Provvedimenti cautelari di condanna al rilascio di informazioni. Provvedimenti cautelari di condanna al compimento di altri atti. Provvedimenti cautelari dichiarativi. Competenza al rilascio del provvedimento cautelare. Decisione con o senza il contraddittorio anticipato. Istruttoria sui presupposti.
Provvedimento positivo e inizio della causa di merito. Attuazione delle misure cautelari. Risarcimento del danno da esecuzione di un provvedimento cautelare infondato. Conclusioni e rinvio. Patti, Milano, Ritocchi alle norme sulle deroghe della competenza per ragioni di connessione. Ripartizione delle cause tra collegio e giudice monocratico. Questioni di competenza tra Questioni di competenza tra tribunale e giudice di pace e di ripartizione delle cause tra tribunale in composizione monocratica e tribunale in composizione collegiale.
Processo del lavoro. Processo di esecuzione forzata. Procedimenti speciali. Disposizioni transitorie. Pubblicato in R. Caponi, , La crisi del giudicato [Res Judicata in Crisis] more. It is the text of a presentation I have delivered at the It is the text of a presentation I have delivered at the University of Bielefed in January , at the conference in honour of Prof.
Wolfgang Grunsky, my academic mentor in Germany, on the occasion of his 80th birthday. Text des Vortrags, den der Verfasser am Geburtstags von Herrn Prof. Wolfgang Grunsky in Bielefeld gehalten hat. Jacques Ziller, University of Pavia finanziert. Published in G. Priori Posada, P. Asencio Mellado, "Argumentacion juridica y motivacion de las resoluciones judiciales", Editorial Palestra, Lima, Caponi, , La nuova disciplina della prescrizione nel codice civile tedesco: spunti per una riforma italiana more.
Once she settled in Perugia, Amanda continues to have contact with F. In the book Amanda talks about F. Maybe to protect their privacy, maybe to obfuscate opinions. How did she spend it? No one has ever investigated this, and she does not explain it. She says she used the cash for living [expenses], but considering that the rent she had to pay was only euros, and that twice a week she worked as a waitress in the bar of Patrick Lumumba, Le Chic, putting more cash in her pocket, the [living] expenses seem really excessive.
What does Amanda do with all that money? For sure she does not buy only hashish, which is not so expensive. Was she, then, using cocaine? The [police] annotation makes you think of it. And this could explain both the state of alteration of the girl on the night of the murder as well as a possible motive. Amanda that evening returned home to get some money to pay for the drugs, and she encountered Meredith? Was Amanda on her own, or maybe she made sure she was accompanied by Rudy or other drug dealing friends? So dangerous that the same F. On January 14, they were all sentenced.
The court judges established that Luciano was the one that supplied the other two: He was to serve two years and eight months in prison. It is also established that F. Luciano, with whom he maintains frequent contacts aimed at drug trafficking. And precisely in this way Luciano, linked to F. Luciano, therefore, who sells drugs in Perugia and provides supply to F. Only a year before the murder in Perugia, under the influence of drugs, he tried to kill his brother during an argument over money and drug dealing.
I heard screams and was scared, I covered my ears. Where were, F. And who was there that night, instead of Patrick? Questions still unanswered.
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What seems likely, however, is that Amanda was not with Raffaele, who was at his home on his computer. The judiciary may now decide to open a new file on her. Will the USA grant extradition? He claims he is not certain that the American girl has spent the whole night with Sollecito In Court of Cassation only questions of laws can be raised. They do not take into account the new elements of reconstruction of the facts. Trials are based on the acts of the proceeding. Sustaining now a different reconstruction of what happened is a question of merit that does not in any way interest cassation.
The trial should take place with the guarantee of an adversarial process, with equality of prosecution and defense. When one steps out of these parameters one ends up with a trial through the media. In this scenario, the foreign press, especially the American one, not taking into account our legal system, has given its input. They created a discourse that sounds a bit like this:she is one our fellow citizens and therefore she must be innocent.
She cleverly tried to divert suspects from her, as in the case of the staged burglary, a huge lie. Amanda is shrewd like when she accused Patrick Lumumba. On that occasion she appeared credible, she was crying. She looked as if terrified. She believed that Amanda stole her money. He was very attracted to Knox who in the meantime did not disdain the company of other acquaintances. As observed above, for Italians most of this is actually not new news. He had no criminal record prior to final conviction by Cassation.
He was never a police source, and got zero breaks, ever. He was unknown to Dr Mignini until some days after Meredith was attacked and forensics identified him. So for now UK and US media get that key fact wrong. This surely wont be the end of it though. The story finally has legs of its own, and clearly the media in all three countries have a willingness to pursue it more.
In the interview also posted on Giallo Dr Mignini doubted that even now Knox will tell the truth - in fact it is hard to see what she can say. We will wait and see. They need to clean up their site and make some amends. Click to enlarge. For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames. It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines.
And that truth. Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.
He didnt explain why it was written on the US west coast with the help of a British-born shadow writer an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens. So, with no Italian version, what passages in what language were those Italian publishers if any shown?
Not much liked in Italy, Sollecito has been trying to burnish his image there since when he began writing diary-type reports on several websites. Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up. Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look. It was yanked from publication at the last moment like the UK version when the US edition came out.
Some excerpts were put into Italian by Oggi. See our own rebuttals here. Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different very toned down from the edition in the UK and US.
Those books are mostly quite classy affairs, carefully researched. The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case. Our main poster Yummi has at various times pointed out that over prosecutors and judges have been assasinated in the anti-mafia fight. Hate messages have been received.
That started way back in There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws. So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong. Italy wants a searchlight cast on those. It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light. This whole publishing scene really two parallel publishing scenes is absolutely unique in the world.
Her team has burned too many boats. Wait long enough, and all the lawyer-mandated backpedaling may come to look like the Tour de France in reverse. We are working side by side. The Italian court made a mistake last time, that was not a fair trial, the judge was unfair. There is no evidence against us, we are both innocent I believe we will get a fair trial and a fair judgement this time.
I am certain that the Italian Supreme court is not as corrupt as the previous court. For the record and it really is time Knox understood this there has only been one trial and that was very fairly and efficiently run in Then she and Sollecito chose to appeal, the Hellmann appeal was annulled for bad law and extreme bias, and the Florence appeal which Knox stiffed from afar was a repeat of her own appeal fairly and efficiently run in Florence at her own request.
There will be no new trial, ever. And how does Knox know the Nencini court was corrupt? She was skulking on the other side of the planet. Today the Italian media are reporting that the new edition of Oggi which does not put major stories online is carrying an interview with Sollecito, backpedaling on what are being seen in Italy as two attempts to lean on the Supreme Court.
From Oggi. I wanted to make an academic experiment after discovering that, on the day when I was sentenced in Florence and in the following days, the interest in my story on social networks surged. All I did was make an analysis of site traffic, generated by the news of the sentence, including the study of the flow of comments and balance between colpevolisti and innocentisti. Okay, except for the missing bits about the actual hard evidence, and the absence at that point of the Nencini sentencing report, and the million-dollar public relations campaign, and the raging anti-Italianism stoked by the American campaign and by the dozens of American wannabees eager to jump-start new careers off the back of this.
The other attempt was his foolish press conference in Rome three weeks ago. See this excellent post by our posting lawyer SomeAlibi showing how Sollecito trampled on his own past claims. This is the kind of thing that sharp-eyed Italian judges always notice. SomeAlibi concluded as follows:. So what was the point? Face-saving for Raffaele? Hoping to key up populist support?
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Fat chance in Italy, where the case has been properly reported. Pull the other one Raffaele! He merely aided the clean-up perhaps. Was it 11pm? Was it at 5am when the music starts playing. Like Knox, Sollecito has an exceptionally damaging paper trail, all of it available online and quite obvious to sharp-eyed Italian judges. In posts and a book written exclusively for an English speaking audience, it heavy-handedly impugns the Italian justice system and those in it and how it actually works.
Last January the Florence appeal court placed the trial sentencing report back at front and center. Take a look at what Sollecito thinks of its author. When his book first came out late in his father Francesco had to distance himself on Italian national TV from a claim that prosecutors wanted Sollecito to frame Knox. All of these come from the first few pages of the book; there are dozens more later.
It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. This is not remotely what happened. There was very far from nothing at all. Any one or several of maybe evidence points here could have convicted them in a US or UK court. Italy gives defendants every possible break, and the justice system is seriously loaded against victims and their families.
Read here and here. Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know. And on the issue of popularity we have previously posted this and this and also this.
Our Italian poster Machiavelli Yummi , who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:. In , the percentage of Italians who trust the parliament is now only 9. Over the eight years from to the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.
However, some cases of corruption such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia do hamper trust. Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors. WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? It has to be one of the most foolish lies in the entire book, it is so easy to disprove.
These who are being accused of crimes here are career police and prosecutors secure in their jobs, and none have the slightest gain to make from false convictions. The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause. Total mischaracterization.
There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is not lining up to pay taxes. And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained.
Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be. The Constitution and judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so. This whole series of dishonest claims about the the Italian system in the preface of the book and in a later chapter have clearly not been read through or okayed by even a single Italian lawyer.
So Gumbel and Sollecito are historians and legal experts now? This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.
It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians. Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.
Until the Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings to punish the guilty and civil proceedings to render liable the guilty for damages were heard at the same time and still sometimes are, as in the Meredith Kercher case.
What has changed relevant to the above quote is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases the preponderance of evidence or, as we usually refer to it, the balance of probabilities is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof beyond reasonable doubt.
Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves. Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.
The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them. All of the best judges in the world are independent and they all follow a demanding career path, not elected as ex-Judge Heavey was under zero criteria, or appointed under the political sway of politicians.
Do those judges answer to anybody? How unfettered. Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting. Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue.
There are checks and balances and reviews every step of the way. Magistrates initially Matteini here determine what a prosecutor may do in developing and presenting a case. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world. And judges actually have minds of their own.
And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them. What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? There is an absurd irony here, were they aware of it. Perhaps they are. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals. Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. In her book Knox also accused Dr Mignini of a felony.
The other day, a claim was posted that claimed sources had said Knox would soon accuse Sollecito. Can you believe: by legal means? That claim really rattled a few cages. NOT because the claim was wrong. In fact because for seven-plus years Sollecito and Knox have repeatedly cycled between very occasional chummy hugs and very numerous aggrieved stabs in the back. And for the most part the more-aggrieved Sollecito has come out ahead. The desperate Knox PR and apologists are simply stumped at how to stop him or how to explain all of this.
Our emerging Interrogation Hoax series quotes multiple witnesses testifying how quickly and decisively Knox and Sollecito got off to a fast start in dropping the other in the drink. Too many posts of relevance to include all here, but see this. From 6 November Knox and Sollecito were kept separated, and were not allowed to talk. That continued to late Sollecito was pretty easy to read: he had little interest in talk. A sulky silence was his norm. The first of November I woke up about I then met up with her at her house around In there was Meredith who left in a hurry about Amanda and I went to the [town] centre about We remained in the centre till I went to my house alone at At this point we said goodbye.
I went home, I made a joint. About Not so long after, possibly knowing about this, Knox comes out with a statement which points at Sollecito in turn. Neither helped the other at all. Both appeals failed in April and they were each kept locked up. Letters sent from Knox to Sollecito in February are published, showing an eagerness to get together, suggesting she really needs Sollecito to speak up and confirm her latest alibi.
This kind of callous, flippant behavior by Knox had the entire court backed off, not least the Sollecito team which had no desire to be chained to this seeming dangerous nut. While RS and AK didnt have access to one another they sure had access to the media and in the Italian media a competitive Sollecito posted a steady stream of stories. Sollecito tries to give himself an edge over AK by being extra-whiny about how awful he finds prison, and the distasteful little people he was being made to mix with. The Knox team avoided this popular Porta a Porta TV series, maybe too scared of hard questions, while the Sollecito lawyers and family used it to promote suspicion of AK and Guede.
Bongiorno especially disliked the campaign. The Sollecito camp had a strong belief that the Knox camp was behind this TV movie and so they fought it, though it turned out quite even-handed and the RS role was minor. Further differences reported here between the two camps on the Lifetime movie which until it was aired was believed to favor Knox and build a case for her innocence. Final days. Sollecito has at least five advantages over Knox. Better lead lawyer, better family in Italian eyes with smarter campaign, not much physical evidence at the house, no obvious motive unlike Knox, and a weak and washy personality Bongiorno plays up.
Sollecito is the one now in puppy-dog mode, though his father has said publicly that the relationship with Knox is at an end; here the RS family sets out for Seattle to try to make it so. His defense team despise the book. The second public Sollecito attempt to end up with Knox, who already had chips on her shoulders about him but went through this charade. Soon, they were back to whacking one another. Sollecito sustains this steady drum-beat of putting Knox down, highlighting the evidence against her, repeatedly saying he stuck with her despite no evidence against him no deal helping RS was ever offered.
Knox does an extended interview with Oggi for which she and Oggi are being charged lying about officials and the evidence, but also uttering her angriest blast yet against Sollecito. Sollecito like Sforza was desperately looking for someone to marry him, to keep him in the US. Kelsey Kay was briefly interested, but he dumped her; he had told her Knox had recently turned him down.
Bongiorno shows contempt for Knox; she effectively conveys the sense of the RS family that a crazed Knox dragged RS into this. She see the RS book as a pro-Knox con job by her team. Sollecito is clearly trying to distance himself from Knox now, claiming that there is far more evidence against her than against him. Really irritated at the US-written RS book, Bongiorno goes a long way to separating the two perps in the minds of Italians; however RS hedges a little though, after having said the evidence points only to Knox.
These are not all of our posts which include talk of stabs in the back, and it happened so frequently that often we simply passed on posting to avoid monotony. The war by other means continues on Twitter. Briefly it hit the bathshit-crazy Ground Report website. Much damage to Knox is already done, and Italians adamantly want her put away.
These will later constitute a new post. There were myriad instances of mutual put-downs in their two books not listed above, and several new instances in the media, the latest being Sollecito on Porta a Porta on 6 February Stalking of the Kerchers is reaching a dangerous pitch. David Marriott never visited Amanda Knox during her four years in an Italian prison. He met her this month, when she stepped off a plane in Seattle. Yet for Knox and her family, Marriott was as important a player in her ordeal as anyone in the courtroom. The article goes on to describe how family and friends were pushed into the limelight and specific big TV networks targeted.
It talks about great financial opportunities for Knox. Marriott himself demonstrates no understanding of the case - in fact. To a smarter Curt Knox those might have been red flags. Now The Examiner is only one of many preparing to take another retaliatory whack. Public relations is perfectly understandable for celebrities, politicians, or executives, but murder suspects too?
Nowadays no blogger is safe to write a factual article about the Meredith Kercher Murder Case without contemptuous comments filling up their Disqus community. Patient webmasters at CNN. Know your enemy. Dont go about attacking the king unless you can kill him dead. If one is striking out at an opponent, one should make sure that the fatal blow is struck, successfully ending the confrontation. Wise words for Marriott and Curt Knox. They have remained steadfastly ignorant of the enemy.
The attack has clearly failed. Wall-to-wall Italy now has the upper hand. Here are seven of the ways the Knox-Marriott campaign has fallen short and has actually done real harm. And so we see the slow death of a campaign built on xenophobia, racism, personal abuse, zero understanding of the details of the case, and zero understanding of the real Italy and its law. Italy is actually rather a sucker for confession and penitence.
Against a famously impervious justice system, the hard line was a terrible, terrible mistake. Coming soon? In a sentence: Knox was there unwanted and grumpy, was advised to go and sleep, refused, agreed to build a list of possible perps she listed seven, including Rudy Guede , spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided with refreshments, and insisted on writing three statements without a lawyer, all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.
Inspector Daniele Moscatelli was also from the national police in Rome. He had previously questioned the boys who lived downstairs, and on November he led the discussion with Sollecito, who was in a room some distance from Knox. Expectations were low, and many others were still being similarly questioned. This will already be a long post, and the last for now on testimony from the police. This translation is by Catnip and is also posted on the excellent wiki. Click here for the rest. Posted by Peter Quennell. So says Sophie in the forum text above.
Smart take. But Clive Wismayer himself has posted some pretty wild accusations against Italian officials which absolutely dont help Knox at all. People like him should go. Click here for more of those postings by those supposedly helping Knox. Guede did it alone? The postings are a month old, but we hear the internal disputes are now way worse. Three obvious problems stand out. Some now incline one way, some the other, and it is splitting them apart. The Sollecito backlash almost certainly isnt done yet. They dont like Knox at all, and further talk of resisting extradition and further demonizing of Italy and justice officials hardly helps them, and will see them back in front of the press.
Amanda Knox did get a windfall payment out of her hapless book - but is THAT turning into a two-edged sword…. So says Clive Wismayer in the text. Knox is clearly acting cheap, maybe because she sees no career ahead, and may have squirreled much of her bloodmoney away for the reasons given here. Some like Ted Simon seem to have had a very big payday, the lawyers and experts and Marriott and travel and hotels have all had to be paid-for.
Media sources tell us that none of their reporters get within miles of Sollecito or Knox without a greedy hand coming out. And Knox still has to pay the damages awarded to Patrick for maliciously wrecking his life, or risk more time inside. Knox is to be charged for the false claims in her book on the same lines as Sollecito and the damages awarded could be huge. It stops them seeing straight and being fully informed and especially trying to convince in reasonable terms. Competent American lawyers and PR would have stopped Knox supporters painting themselves into such a corner long ago on the grounds that it just doesnt work.
They dont know their enemy as a result. What they are really up against is not only people posting translations and analyses on websites people much more qualified than themselves but also all the forces of justice in Italy and 90 percent of the population who clearly can see guilt. The pro-Knox conspiracists are in fact a very small faction. The in-group at the core is a dozen or two at most. Perhaps a few hundred now who might lift a finger for Knox.
In contrast, those who see a case for guilt - and who revere the victim and Italy and its officials and system - are not a mere faction at all. Between them, they are huge. Good smart reasonable people who are very well informed and are certainly not driven by hate. A lot of what websites like this do, in a media-created vacuum of hard facts, is to simply pass on reliable information from Italy in competent translations of key documents and timely and comprehensive reports.
Precious little showing at press conference on Tuesday. Firstly, they scored a spectacular own-goal on the facts surrounding the murder of Meredith Kercher, which has been missed by the press.
acr quality control mri zip, Just HALF-an-hour more
In the run up to the press conference it was widely trailed that Sollecito would throw Amanda under the bus by removing her alibi - that she spent the whole of the night of the 1st of November with him at his apartment. Very wrong. In fact, Team Sollecito did the opposite and put a position forward entirely consistent with how the prosecution says Knox, Sollecito and Guede all come together.
There are only a few grains of sand left in the hourglass before Cassation and confirmation of the sentence, which will see Sollecito return to jail until he is well into his forties. Sollecito and lead counsel Giulia Bongiorno performed a bizarre tip-toe dance, avoiding saying anything clear or direct. Instead, they made points by reference and allusion, with an unhealthy assortment of metaphorical nods, winks, heavy coughs and adjustments of the lapels at key points. Did Raffaele say that Amanda left his apartment in the early evening? Takes note? What on earth was that all about?
Well, the sentence mangling was because at the final Cassation hearing next year, no fresh facts can be heard. The only arguments that can be heard are on failure of due process or failure of logic and reasoning as pmf. Corte di Cassazione does not hear defendants or private parties.
In public hearings only a specific category of lawyers Cassazionisti can speak before them. Keep in mind Cassazione cannot discuss the merit of the judgement of Nencini and Massei, only invalidate it if this judgement and reasoning were based on clearly illogical arguments or neglected key evidence.
Procedure can be easily denied and IMHO will be denied if he said he just helped clean as Courts have already considered that scenario and rejected it. PR is another matter, but I think it is not correct to say that would be added to extradition request and may change legal course. Same goes for garage video. What counts is the appeal document that we have read. We must conclude this was only publicity for Bongiorno, she knows she is likely to lose and wishes to make it seem it is a close call.
Court presided by AN explained who the people concurring with RG in the murder are and gave clear logical explanation for such conclusion. Also, Nencini confirmed first instance, a trial that was perfectly valid for Cassazione after first appeal was invalidated. There have been cases of a double iteration at Cassazione eg in very complex terrorism trials, evidence was scarce mostly based on witnesses who wanted to sidetrack other investigations.
Here, as Alan Dershowitz said [he does not know much about case but this and a few other points he got absolutely right] all pieces of evidence point exactly in the same direction creating a good case [AD does not know it is overwhelming; maybe he did not read all docs]. One other thing AD said, most FOA and JREF and IIP tend to forget: Court is the judge, not them, Court has the responsibility to evaluate all evidence and issue a judgement that, as long as explained logically and legally in writing [something a US jury would not be required to do] using all available elements, will stand and be final after Cassazione.
Here, Team Sollecito run into a horrendous brick-wall of facts which lays Raffaele and Knox out cold. Here, the Press stop and report Amanda is under the bus. So, even if Knox went out in the early evening, she is objectively shown to have been back at the apartment well before 9pm. Il ministro dell'inferno. E' quanto si legge nella Rapporto Antigone sul carcere.
Una legge palesemente ispirata a principi di campagna elettorale. Una legge inutile Finalmente la malattia psichica viene considerata alla stessa stregua della malattia Se passeranno 13 anni, come dall'ultima volta che lo Carcere fabbrica. Nel maggio scorso, mentre faceva scalo all'aeroporto di Colombo, di Dona il 5x Sostieni Antigone con una donazione.