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Casey Greenfield

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Amanda Knox: Why She Won

Posted: 10/04/11 09:34 AM ET

The failure and the triumph of Amanda Knox's story are both specific to an American woman in a foreign justice system whose framework differs critically from our own. If Knox were homely, or modest, or male, she'd probably never have been charged to begin with. But it's also likely that, once convicted, a different Amanda Knox wouldn't have held the interest of the court long enough to be freed. The passions of the investigators and, arguably, of Knox herself, led to her conviction and, paradoxically, to her acquittal and release.

Yesterday morning, American 24-year-old Knox addressed an Italian jury, in the final phase of her murder appeal. Knox and her boyfriend Raffaele Sollecito were convicted in 2009 of murdering Knox's roommate, British student Meredith Kercher, when the young women were foreign exchange students in Perugia, Italy in 2007. Knox was initially sentenced to 26 years and faced the possibility of serving life. In yesterday's statement to the eight-member appeals panel, Knox spoke with the confidence of someone who has been served well by authority. Of the days-long interrogation that led to her murder confession and conviction, Knox told the panel that "I had a sense of duty before justice. I had a sense of duty before authority which I trusted...I blindly trusted them wholly, completely, absolutely." This has been described everywhere as a veiled attack on the Italian legal system, but that's not really what Knox delivered. Instead, her appeal showed a credulous belief that if she got her story across, justice would be served and she would be freed.

Amanda Knox is not "Hunger Games" heroine Katniss Everdeen, the young adult novels' scrappy rebel leader who, with little to lose, confronts and humiliates her oppressors. On the contrary, Knox had every reason, until her arrest in November 2007, to believe that cops and judges existed to protect her. Why wouldn't she? A gorgeous middle-class white American college student on a study year abroad is someone by whom society has done pretty well. Hers is the passion of a comfortable kid who can't quite believe things aren't working the way they're supposed to. And the most peculiar and riveting aspect of the appeal statement that helped free her is the persistence of that faith. She punctuated her points with respectful, but assertive, gesticulations. It's the way you dream (literally, in nightmares) about appealing to captors. "I'm not escaping truth. I never escaped. I'm not fleeing from justice," Knox said. No, guys, don't you get it? I'm on your side!

It worked. Well, her statement worked, following years of international pressure and a damning report in which court-appointed experts found 54 errors in the original investigators' procedure and handling of evidence. Hours after Knox spoke, the panel -- made up of two judges and six lay jurors -- rendered its verdict, acquitting Knox and Sollecito of murder (Knox was convicted and sentenced to time served for slandering her former boss during the murder investigation).

In Italy, investigators propound a single, supposedly objective story in order to establish the absolute truth of a crime. Their purpose, at least in theory, is to determine truth, not to prosecute a defendant. Defense lawyers' ostensible role is not to present an opposing story, but to support the defendant in the investigation. The judge is not neutral, but is a member of and guiding presence on the jury, which renders its verdict by simple majority. This "inquisitorial" process stands in contrast to the American adversarial system, in which two sides -- prosecution and defense, in a criminal trial -- present competing stories. An impartial jury must reach a unanimous verdict, and a presiding judge approves it.

The single-narrative structure of the Italian system lends itself to the kind of runaway train that was Amanda Knox's legal journey. First she was a Satanic ritual orgy killer; then she was jealous; at one point she was said to have slaughtered Kercher in a marijuana-induced rage. The case stuck because it was interesting to the investigators, and it survived the 2008 conviction of a third defendant, Rudy Guede, because the investigators shifted their version of Knox's (and Sollecito's) role as the evidence changed. They weren't necessarily looking to railroad her, but they couldn't look away from the case that involved a beautiful girl, foreign college kids, and DNA on a bra clasp. Knox's own lawyers notoriously characterized her as "Jessica Rabbit" at one point, to distinguish the sexy and warm defendant from the diabolical murderer the investigators saw.

American litigators are constantly accused of being too aggressive, of picking fights, of acting like pit bulls. Our two-sided system of zealous advocacy has serious flaws. But supposed impartiality has more insidious effects than does frank opposition. Amanda Knox's own zealous participation -- in fun, in adventure, in guileless cooperation with investigators -- ensnared her in legal and personal horror. "I insist on the truth," Knox said yesterday. "It deserves to be defended and acknowledged." She respectfully challenged authority to correct itself and to do its job. An admittedly privileged, American woman expected no less.

 
The failure and the triumph of Amanda Knox's story are both specific to an American woman in a foreign justice system whose framework differs critically from our own. If Knox were homely, or modest, o...
The failure and the triumph of Amanda Knox's story are both specific to an American woman in a foreign justice system whose framework differs critically from our own. If Knox were homely, or modest, o...
 
 
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12:23 PM on 10/13/2011
What does the word "modest" mean in the above post? I am confused because for some people that means "modest" dress. For the majority of women and men, it means not boasting about your accomplishments. If someone could clarify the usage of "modest" in context of this article I would appreciate it.
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sophie M
ANTI WAR./animal rescue
04:43 PM on 10/08/2011
amazing how : the DNA of Rudy was respected.
and that of knox and her boyfriend was refuted..
Karma will meet up with her.
RIP Meredith.
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jackbutler5555
09:36 AM on 10/14/2011
I can not assume any of the DNA work done by the Rome Scientific Police is worthy of my respect.  They have demonstrated gross ineptitude in this case.

I believe all of their work -- which has had a critical bearing on convictions -- should be sampled.  If a pattern of pro-prosecution "mistakes" emerges, then all of their work should be reexamined.

If the police lab has been poorly managed, there's a price Italy must pay.
01:19 PM on 10/07/2011
Amanda Knox will be a millionaire within a year because she is a WOMAN and the Female Pity Market is a Huge millions dollar market for media companies.

The Book Deal, The Movie Deal, the Barbara Walters/Diane Sawyer interview, the Oprah Channel Special, Talk Show are Talk Show appearance, magazine covers and photo spreads, selling the photo rights to her weeding photos, tabloid reports of her every move and on and on.

Now compare all that to what the 2 MEN who were just freed from jail in Iran after 2 years in prison will get. THEY WILL GET NONE OF THE ABOVE!

Nobody feels sorry for MEN, so there is no MARKET for all the above.

Women are SUCKERS for a sob story and have an overwhelming need to emphathize with other women who they feel have been wronged and the media exploits that to make millions.
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Leper
Giving the finger to intolerance
01:53 AM on 10/11/2011
>>Amanda Knox will be a millionaire within a year because she is a WOMAN and the Female Pity Market is a Huge millions dollar market for media companies.

Maybe. There is no denying that if she had not served three years in an Italian prison, her story would not have gotten any attention. If she is not guilty (and I don't believe she is), then I don't have a problem with her getting any compensation for the injustice done to her.

What is sad is the failure of the police to determine the murderer of Meredith Kercher, whose name is mentioned only twice in this blog.
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10:49 PM on 10/06/2011
It's not a secret - she is a good looking woman.
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StrawHat
Eat veggies, don't vote for them
08:57 PM on 10/06/2011
The denial on these threads is mind boggling.

Hint: the person who raped and killed Ms Kercher is behind bars. His DNA and bloody prints - as well as his own actions and confessions after the fact -- prove it.

It's over. Done. Get over the witch hunt.
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michelleobamaok
Tampa Crookpalooza 2012!
10:11 PM on 10/06/2011
“Knox and her Italian boyfriend, Rafaele Sollecito, were initially convicted and imprisoned for the 2007 sexual assault and murder of British student Meredith Kercher. Now those conviction¬¬s have been overturned on appeal. Tears of joy in the courtroom for the Knox family, but not for the Kercher clan.

Meanwhile Rudy Guede, an immigrant from Ivory Coast who had been tried separately and convicted of abetting Knox and Sollecito in their crime, remains in jail. If Knox and Sollecito were not guilty, whom was Guede abetting?”
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StrawHat
Eat veggies, don't vote for them
07:16 AM on 10/07/2011
His DNA was ON her and IN her.

His bloody hand print was on a pillowcase UNDER her dead body.

He wasn't "abetting" anyone -- he is convicted of raping her and of murdering her.

The only reason ANYONE is talking about him "abetting" anyone is the insane ravings of a conspiracy obsessed prosecutor.

Use your brain to think this one through: how many women are raped and murdered by a lone assailant world-wide in any given year.

When you hear hoofbeats in Perugia, expect horses, not zebras.
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jackbutler5555
09:42 AM on 10/14/2011
If Guede was abetted, the appeals court declared it wasn't Knox and Sollecito. 
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jackbutler5555
11:30 AM on 10/06/2011
"If Knox were homely, or modest, or male, she'd probably never have been charged to begin with."

I don't see any argumentation in the article that supports this.  Maybe I missed it.

I believe the authorities were simply looking for some low hanging fruit.
10:07 PM on 10/05/2011
Can someone please define a "marijuana-induced rage" for me? LOL
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Dianne Jarreau
12:09 AM on 10/06/2011
Yes, I had a room mate who had no control over it. As a result, she died very early compared to others her age. Lots of people have the experience of cooling out but apparently there are some who have the opposite effect take place where they just get madder and madder and fly off the handle so to speak. In other words, they become "enraged". I don't know how many people this involves , theoretically "in the total population". I have also never heard of any medical studies; considering that I spent many years cross-file referencing syndrome for my father who was a physician. After about seven years of that, I was a definite job applicant where ever transcribing was a benefit, usually in hospitals where I last transcribed in Pathology laboratory. So, perhaps, you see my point by now?
07:06 PM on 10/05/2011
She won because there was no evidence to prove she was there. The JUDGE "These two did not COMIT this crime"
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michelleobamaok
Tampa Crookpalooza 2012!
06:24 PM on 10/05/2011
In another example of what he considered their puzzling behavior, he said that he had been told that before they were arrested, "Amanda did a cartwheel or a split in one of the rooms at the police station, and then that she burst into tears at the end of her interrogation."

The head of Perugia's homicide squad Monica Napoleoni testified that all of Kercher's friends were horrified by the news of her murder as they waited to be interviewed at the police station.

"All were terrified except for Amanda and Raffaele. They seemed indifferent. They were making faces and kissing," Napoleoni told the court.
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Dianne Jarreau
12:17 AM on 10/06/2011
So, what would you say that psychologially is?
RTIII
Poster of over 0.0135% of all HufPost comments
01:14 PM on 10/05/2011
I don't particularly like this contention, "If Knox were homely, or modest, or male, she'd probably never have been charged to begin with."

However, except for support of the idea I cite above, this is otherwise one of the best written articles on this subject I've ever read. Well Done Ms. Greenfield.
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Dianne Jarreau
12:25 AM on 10/06/2011
I think you might enjoy a little cross-file referencing yourself. There is plenty out there describing different facets of this murder and the peculiar psychology witnessed. I realized as I participated in the posts for this: Amanda Knox,Why She Won (that this is also kind of tongue in cheek. Not the logic of it, not what happened legally but exactly the opposite. I am astonished that her family never did something about this many, many years ago. I gather that they thought she was special. So, there you go!
RTIII
Poster of over 0.0135% of all HufPost comments
01:13 PM on 10/05/2011
Congradulations, Amanda, on securing your freedom. Party Away - not spending the rest of your life behind bars is like winning life in the first place, and the best reason to party is to celebrate life.

Of course, when the moment comes, because this was so public, be sure to publicly celebrate the life of Meredith that she lost so tragically, even though you barely knew her.
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leorangerie
01:03 PM on 10/05/2011
It is frightening how a prosecutor in Italy could steal four years of this girl's life with a comical theory and worse evidence. What a black eye for Italy. This story needs to be pursued. Italy has much to answer for, in my opinion.
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Dianne Jarreau
12:28 AM on 10/06/2011
It amazes me that the general response above, is so positive that she was within her rights. It is rather shocking.
04:26 PM on 10/07/2011
Are you aware that she was convicted to three years in prison for calunnia? The same judge who pronounced her innocent of murder increased her calunnia sentence from one to three years. Her conviction for slander is pending, just like her acquittal for murder, until the Supreme Court confirms or rejects it.

No one "stole" any years from her life - she served a sentence for a felony.

If Italy has to answer to anyone, it's to the Kercher family, whose sister and daughter was brutally murdered by a pack of animals (not my opinion, but the Supreme Court's opinion in their ruling on Rudy Guede).
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leorangerie
01:05 PM on 10/08/2011
She was convicted of slandering the cops and prosecutor. In retrospect, what she had to say seems appropriate, rather than slanderous. The killer is in jail. The innocent have been freed. And that is the correct outcome.
lovelybunchofcoconuts
It's nice, to be nice, to the nice
11:37 AM on 10/05/2011
I think you're right that her respect had something to do with her winning. But if you are saying that is the only reason, then you are also subtly saying that they have no legal system worthy of the term.
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Dianne Jarreau
11:31 AM on 10/05/2011
["I insist on the truth," Knox said yesterday. "It deserves to be defended and acknowledged." She respectfully challenged authority to correct itself and to do its job. An admittedly privileged, American woman expected no less.]
ARE You Kidding? The world is not particularly fond of us; they are fond of our President but not us. The news that comes pouring out of here day after day, showing the world exactly what we are, does not make the rest of the world admire us for our sagacity or any other virtues.
But if you were delivering that statement with a wry private smile about the difference of vaunted expectations compared to reality, I am not going to say that she learned her lesson. Because she hasn't. I await the next shoe to drop because it will.
12:57 PM on 10/05/2011
They really aren't too fond of our President anymore.

I think that wry private smile was a smile since she's finally home, grateful that she is in america, to see how many people were on her side, to have her feet in the grass. Go through something like that, have people cheering for you and try not to smile. If you didn't, I would be worried!

I watched one interview with an Italian lady who believed she was guilty b/c of her drug use and s*xual nature. Thats no reason to convict someone of murder. DNA evidence wasn't there, what evidence they had was mishandled. Stuff like that is thrown out on a daily basis here.
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Dianne Jarreau
12:32 AM on 10/06/2011
Believe it or not plenty of people are killed because of someone else's sexual nature.
08:35 AM on 10/06/2011
No one in the world is FOND of our President. What they are is of the belief he is someoene who can be pushed around and or molded to their desires. He has frequently espsoused selling the US out in deed and action, actually completing task on multiple occasions. If the rest of the world was actually that FOND of him, his administration would have heald more sway over the events that lead to this legal abonomation. Wake to the fact we have a leader that no one is following.
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Susan Shaffer
watching you...
08:54 AM on 10/06/2011
no the world is fond of the president. There are lots of reasons. To start there is the fact that he can string a sentence together that is coherent and cogent.
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clinttamm
09:47 AM on 10/06/2011
I beg to differ and many others do too.If you can not see leadership as my mama said you "are to blind to see."If he could not intervenve in the situation for Troy Davis in our country
have you checked to see what the implications are for a standi ng president to intervene
in a matter of international justice?
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tall coolone
Professional know-it-all
07:55 AM on 10/05/2011
She "won" because the court system realized that having an American locked up in jail is probably hurting their level of tourism.
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ReadMyLipstick1
It can't be that hard.
11:04 AM on 10/05/2011
This is the only comment on this string that makes sense! :)
RTIII
Poster of over 0.0135% of all HufPost comments
12:36 PM on 10/05/2011
Add to that "almost certainly innocent" and I'd say "maybe."

The prosecution narative made no sense, and if it makes no sense, most of the time it isn't true.

Also, it's not clear at all that the appeals court jury was interested in tourism.