I'm curious about something. In the Jason Young trial (NC) there was a civil ruling independent of a criminal ruling. The civil ruling came first. I'm wondering if Italian law permits that someone can be found responsible for the death and not be found guilty - like OJ Simpson. That is, can the fine of 25M be awarded even if they are deemed not guilty? Guede is guilty, so he can be fined, but what about Knox/Sollecito. Perhaps, in hearing both cases simultaneously, the upside is that the ruling can be one or the other, but not both - as we have seen in cases in the US. I don't know enough about Italian law, but having a simultaneous and consistent ruling seems far more just to me.
I am not well versed in Jason Young's case. I did a bit of reading. Do I have it correct that his wife's family filed a wrongful death suit before he was indicted, and that he never responded to the suit? Is it correct that this suit was then used in his trial? If this is the case, that sounds bad. I do not know if I have that correct, however.
As far as wrongful death suits, it seems to me that they are not that common. I can't think of any others besides the aforementioned OJ. I don't have information about how common they are in Italy. My best guess is that they only occur when there is a defendant with big pockets. Otherwise, it seems like it would be a waste of time and money for most victim's families.
I do have a few problems with having them run alongside a criminal trial.
For one: in most justice systems, there are different standards of proof, as well as different standards on the admittance of evidence between criminal and civil courts. This seems fair to me -- criminal convictions must be beyond a reasonable doubt, but there is no need for civil suits to meet the same standard.
As far as evidence, I think it is a problem to allow evidence that would not normally be allowed in a criminal trial, but would be admissible to a civil trial. It would be near impossible to segregate the evidence.
Specifically in this case, I think that the civil trials running concurrently create a bigger problem in that you have an effect of piling on. AK and RS have to defend against not only the prosecution, but Maresca, Pacelli, and the landlord's lawyer. ( not sure if the landlord had representation past the first trial.)
In my opinion, this creates a trial that is unfair to the defendants. If they are found guilty, confirmed by the Supreme Court, this may be one of the reasons the ECHR uses to vacate the conviction. MOO and all that.