Knox and Sollecito — Not Just an Italian Problem
| Author | Scott Crosby |
| Date | 01 September 2014 |
| DOI | 10.1177/203228441400500310 |
| Published date | 01 September 2014 |
| Subject Matter | Article |
New Journal of Eu ropean Crimina l Law, Vol. 5, Issue 3, 2014 425
KNOX AND SOLLECITO – NOT JUST AN
ITALIAN PROBLEM
S C
For a lucid, eminently readable and memorable account of t he Italian criminal ju stice
system I can recommend Irene Wieczorek ’s feature article in the May 2014 issue of the
Arc hbold Revi ew (ww w.a rchbo lde-up date .co.u k) ent itle d “Ama nda K nox – e Truth
(About the Law)”.
For an account and well-art iculated criticism of the whole Knox/Sol lecito process,
albeit probably the sort of article with which Wieczorek takes umbrage, I can
recommend “Trial by Osmosis: Amand a Knox, Ra aele Sol lecito and the Nightmare
of Italian Justice” by And rew Gumbel (https://lareviewo ooks.org).
Wieczorek explains the logic of and defends the Italian justice system whereas
Gumbel questions the logic of t he trials a nd criticises not only the system as applied
to Knox and Sollecito but its workings i n general.
Wieczorek argues that t he system strives to be fair to the acc used and so concludes
that one may have faith in the system.
Gumbel argues that in the Knox/Sollecito trial, fairness to the accused is not a
consideration, because the process continues despite the fact that having been
acquitted once – on the basis th at the forensic evidence did not link the co-accused to
the murder –, there is, to say the least , a reasonable doubt. On this basis and looking
at the system as a whole, Gumbel a rgues that one can have no faith in the sys tem.
Where does this leave us?
Many would tend to distrust a s ystem which allowed the state to prosecute accused
persons to the point of exhaustion, wh ich disregarded judicial ndings of no evidence
and which singu larly failed to curb or prevent media speculat ion. But does that mean
that the Italian system is awed to the point of being discredited entirely or is this
simply an example of a hard case ma king bad law?
at can be le for future d iscussion.
What the Knox/Sol lecito case does emphasise is that our crimi nal justice systems
in the EU are not so similar as to allow the sweeping generalisation that, given the
principle of mutual recognition and the fact that all Member States are members of
the Council of Europe a nd are bound by the ECHR, all justice systems i n the EU are
equivalent.
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