private_messaging comments on Amanda Knox Guilty Again - Less Wrong

7 Post author: christopherj 31 January 2014 04:12AM

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Comment author: private_messaging 31 January 2014 05:55:23PM 0 points [-]

The important question here is, can the supreme court say that the evidence does not meet the standard of reasonable doubt? Is that a matter of interpretation of the evidence, or a matter of the application of the law?

Comment author: komponisto 31 January 2014 06:17:55PM *  3 points [-]

The important question here is, can the supreme court say that the evidence does not meet the standard of reasonable doubt?

Yes, they can. (But they probably won't.)

Is that a matter of interpretation of the evidence, or a matter of the application of the law?

Trick question! In Italy, interpretation of the evidence is a matter of the application of the law, because the law specifies that the evidence has to be interpreted "logically". See how that works? If they want to overturn a verdict, they simply say that the lower court's motivation document was "illogical"; but if they don't, they can hide behind "far be it for us to enter into the merits of the case, which is reserved to the lower courts". It's perfect!