Italian court indicts American Amanda Knox for slander against Italian police

[cowcommander]

Source: AP

PERUGIA, Italy – Former University of Washington student Amanda Knox has been indicted on slander charges in Italy for claiming she was beaten by police when questioned in 2007 about her roommate's slaying.

The judge made the decision after a closed-door hearing Monday in Perugia (peh-ROO'-juh).

Knox's lawyer says the 23-year-old Seattle woman told the judge that she never meant to slander anybody and she was just trying to defend herself.

She is serving a 26-year prison term on her conviction in the death of British student Meredith Kercher.



Read more: http://news.yahoo.com/s/ap/20101108/ap_on_re_eu/eu_italy_knox

[alp227]

1. May be a cover-up; cops usually press charges whenever accused of brutality

not a surprise here.

[jancantor]

2. A major difference in law

In the US, you cannot be sued for "slandering the police", let alone convicted of a crime for doing so. This is the case in Italy. In France, you can also be prosecuted for insulting a police officer. The US has rather strict rules for suing for slander, etc. when compared to many other countries. That's good or bad, depending if you are the subject OF the alleged slander or the one accused of doing it.

[BillH76]

3. The US has 'rather strict' rules for suing for slander?

Bwahahahaha!

In the US, anyone can sue anyone for anything, and the judge assumes the pleadings of the plaintiff are true. In other words, in civil cases, you are presumed guilty. Italian and French courts would throw out almost all of the 100 million lawsuits filed in the US each year.

[jancantor]

4. Yes, it does. You are wrong

you can TRY to sue for anything. Winning a slander (or libel) suit is more difficult. It's defined differently. In the UK, for instance it is MUCH easier to sue tabloids. In the US, not so much. Any attorney who studies this area of law will agree on this. It's oft remarked, and it's also notable that celebrities are MUCH more successful at suing brit vs. US tabloids.

In France, as I said - it's a CRIME to insult a police officer. Not merely a civil tort, but actually a crime.

There is not even an analogue in US where Amanda Knox could be sued, let alone tried for a crime (as was done in italy) for claiming the cops beat her. Please show me an example where a criminal defendant was INDICTED for slandering the police based upon such a defense in a criminal case. Put it right

HERE:

hint: the police cannot "press charges" for slander since there ISN'T a criminal slander charge to use. and even suing (a civil tort) isn't going to work.

Again, Knox faces CRIMINAL penalties for "slandering the police". It's a FELONY

No such crime in the US.

Sorry, but you are wrong. I am right.

[pnwmom]

5. When have you EVER heard of a U.S. cop suing a suspect

because the suspect claimed a cop hit her? (Although Knox didn't even file a claim against the police -- all she did was say that she was rattled in her interrogation because she was overtired, she didn't speak Italian very well, and one of the cops rapped her in the back of the head.)

But even if that ever happened (which it doesn't) that would be a civil case, because slander is a civil offense in the U.S. In Italy, slandering the police is a CRIMINAL offense with real jail time. Quite a different situation.

[jancantor]

6. Exactly

And again, remember - she isn't being CIVILLY SUED. This is a CRIMINAL SLANDER indictment. She can actually face (extra) prison time for "slandering the police."

Whatever one can say about the US Justice System, and cops, one is free in the US to say almost anything about police without risking getting sued, let alone CRIMINALLY INDICTED.

There are some limits when a person makes accusations against a specific police officer, but even then - it's NOTHING like Italy (or France) etc.

Now, if you go into a police station and make a signed statement accusing a police officer of X, and they can prove beyond a reasonable doubt that the claim is false, then you could face charges of filing a false police report (a misdemeanor) but even that is sketchy in some states. In some states, even making a false statement IF it is a complaint against an officer has been ruled essentially "unsuable" because the officers are public servants, etc.

But you're point is exactly correct. You will not find a case of a criminal defendant claiming police brutality as part of their defens who was subsequently sued for slander, let alone indicted for criminal (felonious) slander as is the case here.

[pnwmom]

8. Welcome to DU, jancantor! n/t

[jancantor]

10. Thank you

This is hardly an area of law I am an expert on, but I *did* sue somebody successfully last year, so it's something I have personal experience with. In my defense, I did try every way to solve it before taking it to court, but the defendant absolutely refused to even consider any sort of resolution. He just denied any responsibility whatsoever, and I was not about to get bilked out of thousands of dollars.

[pnwmom]

11. Congratulations

on your successful venture into the legal system! And may you never need to do it again!

[pnwmom]

7. People found guilty of slander in the U.S. are never sent to prison.

Unlike in Italy.

[jancantor]

9. Correcy

and part of my point. There have been a few jurisdictions in the US where there actually were "criminal libel" statutes, but they are rarities and generally an anachronism.

Furthermore, they almost exclusively apply to NON-Public Servants. In this instance we are talking about accusations leveled against public servants (and US law gives those who defame/slander/libel public servants much greater protection than those who do the same towards "private" citizens) in the course of a criminal defense that has resulted in FELONY indictment. Again, you are correct, the previous poster wrong - the US doesn't allow this kind of chicanery.

[Supply Side Jesus]

12. .

:eyes: :crazy: :dunce: