The U.S. and Italian Criminal Justice System: Through the Lens of the Amanda Knox Trial

Abstract

The inquisitorial criminal justice systems prevalent in continental Europe derive their characteristics not only from their written codes but also from their culture and history. In this paper, I compare a few key differences between the system of Italy and that of the United States, using examples from the Amanda Knox and Raffaele Sollecito trial. In particular, I discuss differences in jury voting, the appeals process, the concept of guilt beyond a reasonable doubt, and non-formalized aspects of each court system. I conclude that the United States criminal justice system is the more pro-defendant of the two, at least when defendants are not limited by access to legal representation.