Tuesday, May 17, 2011

The rescue of Strauss-Kahn

The IMF Managing Director Dominique Strauss-Kahn, has spent his first hours in the largest U.S. prison, Rikers Island. This will remain in an isolation cell expected until next Friday when I return to be face to face with the law after being accused of seven charges following a complaint of sexual assault of an employee of the hotel where he stayed this weekend in New York.

On Monday, Judge Melissa Jackson denied the opportunity to release him on bail of one million dollars. But why? What was the reason for not being granted freedom on bail? The 'case Polanski' is an example of why Strauss-Kahn has ended in prison, the U.S. Justice will not give the possibility that a foreign citizen accused of a crime to leave the country, complicating his return to face a U.S.

court . Certainly the judge could have imposed other security measures such as electronic bracelets or withdrawal of the passport, however, the crimes are so serious that has opted for his imprisonment. The document detailing the charges against DSK includes two counts of criminal sexual act in the first degree, attempted first-degree rape, sexual assault, second-degree kidnapping, third-degree sexual assault and molestation.

[Read the complaint against DSK] And now what will happen to the director of the IMF. What will be his judicial journey? How do you address the defense lawyer? And prosecutors? What is the American Justice? According to French newspaper 'Le Monde', the defendant, who yesterday pleaded not guilty, decide whether to have a jury process or opt for a judge's ruling.

Dominique Strauss-Kahn can be interrupted at any time this process for a "conviction" means a judicial figure that allows the defense to shorten the procedure, reaching an agreement 'court' with prosecutors. As acquitted prosecutors must present evidence to ratify the charge in camera and before a grand jury composed of a group of not less than 16 and no more than 23 people.

The aim of this jury not to decide on guilt or innocence but whether there should be a formal indictment. But all this will be from day 20, where the Supreme Court of New York State will formally notify the prosecution. In a case like this, the American judicial system can be based simply evidence of guilt in the statement of the prosecution, without further testimony.

If the jury opted for the indictment then begins the trial being held in a court of the Supreme Court of New York. And here is where you start the 'game' of lawyers, depositions, testimony and evidence to the already started to prepare the parties. The physical evidence and DNA will be an important part in this sexual assault case, to identify the defendant as the attacker.

On Monday, in fact, researchers court appearance delayed Strauss-Kahn to find more evidence that could incriminate such as scratches, traces of DNA, blood ... In addition, we must add the complaint and the testimony of the victim, a woman of African origin and 32 years, according to people close to her, now is in a state of shock.

It is therefore clear that the prosecution played cards. But what are the defenders? How to prepare the defense in a case with such large media? Much has been spoken of the alibi that they seek out of this impasse to DKS. According to several French media published yesterday, Strauss-Kahn was allegedly having lunch with her daughter at the same time that the crime is (12.30 hours).

However, after police said the crime was committed at 12.00, so the director of the IMF itself that could match the room with the clerk of Sofitel. The other argument that deck, French radio said "RMC", is to question the credibility of the victim, which was identified as Ophelia, a Guinean woman living in New York and a three year old daughter.

To this end, the defense will try to scupper presumably good reputation, focusing in which a woman is "very attractive", with which the defendant was surprised, and so try to prove that behind his claim is a material interest. If you add up all charges that have been charged, Strauss Kahn could face 74 years and three months in prison, in 'Le Monde', although the penalties vary greatly in U.S.

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