Posts Tagged ‘Giuliano Mignini’

World’s sickest joke ends

March 28, 2015

Raffaele Sollecito and Amanda Knox have been acquitted of the murder of Meredith Kercher, a crime there was never any serious evidence they were involved in. The process took more than eight years (quite quick for Italy); they were convicted, acquitted, convicted, acquitted, and spent four years in prison.

Meanwhile Rudy Guede, who did kill Meredith Kercher, and in the most brutal, painful manner after first sexually assaulting her, is already enjoying day release from prison.

There will be no enquiry into the handling of the case by prosecuting magistrate Giuliano Mignini, whose bizarre theories and lack of professionalism had convinced two journalists to write a book about his ‘investigative’ techniques long before the Kercher case. Nor will there be an enquiry into the conduct of elements of the Perugia police that operated with total unprofessionalism and outside the law during the investigation.

Some people on the Knox side are so relieved the torment is over that they are saying their faith in Italian justice is restored. This is a terrible thing to say. The only useful purpose the case has served is to advertise to the world just how hopeless the Italian justice system is and perhaps give a tiny push towards it one day being reformed.

I have cited European Union reports on the Italian justice system in previous blogs under the ‘Italy to Avoid’ category. One other pointer I noticed recently is that the World Bank, as of 2015, ranks Italy 147th in the world for enforcement of contracts.

 

More:

Amanda Knox’s account of her trial and incarceration is well worth a read. It isn’t perfect, but it is a serious book, much more serious than many others that have been written about her and Sollecito. (By a curious coincidence, the Capanne prison where she and Sollecito were held is the same one where the carpenter on our house in Italy died; a hippy, arrested for marijuana possession, there is a good prima facie case that he was beaten to death. Needless to say, his friends who tried to pursue legal recourse will not be getting any.)

 

Later:

The first media to have put the boot into the Italian legal system that I have seen is The Economist. Bless.

Ferguson versus Perugia

November 27, 2014

Ferguson 2

 

 

 

 

 

Ferguson 3

Ferguson 4

 

 

 

 

 

 

As Ferguson, Missouri smoulders (literally and figuratively) following the decision not to indict a police officer who shot an unarmed black man dead, it is interesting to read Joshua Rozenberg’s opinion piece about the systemic failings of the arcane grand jury system that is still used in around 20 American states. It was a grand jury that decided not to indict the police officer.

What leaps out at me are the similarities between the functioning of grand juries (which only decide if there is a case to answer) and the functioning of Italy’s actual court system, as seen in the Sollecito-Knox satanic ritual murder trial in Perugia, about which I have blogged a great deal (see the ‘Italy to avoid’ tab).

The basics of a grand jury are that the prosecutor decides which witnesses to call and which witnesses to grant immunity from potential prosecution. There is no screening of jurors for potential bias and no objections can be raised about the choice of jurors. Proceedings, framed by the prosecutor who asks the questions (there is a theoretical right for jurors to ask questions at the end of testimony), are held entirely in secret and the grand jury decision is final. A longer outline of grand jury rules is here. Mostly it is the good ole boys of the south who still use grand juries, but a good number of supposedly more liberal states in the north-east do too; see here.

Well, if you look at the Sollecito-Knox satanic ritual murder trial in Perugia, several things that shocked me were: no capacity to screen jurors for bias, prosecution framed by the prosecuting magistrate (Giuliano Mignini) without any independent oversight, and jury deliberations framed and overseen in camera by the presiding judge rather than taking place independently. I am not saying this is a perfect analogue, but the excessive power granted to prosecutors and the lack of transparency do appear to be commonalities.

Of course in America the problem afflicts the indictment system in some states. In Italy it afflicts the entire national judicial process.

 

Later:

Here is another recent grand jury, in New York, failing to indict police officers over the death of a black man who was put in a choke-hold, and kept in one despite saying ‘I can’t breathe’. It was all captured on video. Coverage from the FT (sub needed). And here is coverage from The Guardian of protests in many US cities against the decision not to indict; again, the video of the police action is embedded.


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