allan
Cabrón
"But wouldn't the military tribunal court provide this?"
Actually I do not know yet how these will be run, but generally military tribunals don't allow counsel, don't have juries, don't require proof of guilt, and are basically set up to provide a stamp of official approval before an execution, in an assembly-line kind of process. They are used extensively in military dictatorships, like in old Latin American regimes. They are quite different from even a standard court-martial.
If there is any sort of press coverage of these proceedings, I'll watch closely (or read closely) and make further determinations. However I have a feeling there won't be such coverage....
"Allan, I know I am wrong here. I probably couldn't argue with you about this. I just feel"
And you know, I pretty much "feel" the same way. But what is right isn't always based on what we "feel"--and we cannot assume that a person is guilty if he's merely accused, and maintain a free society at the same time. We cannot blindly trust that the accusers are always right--the accusers, like everyone in any position, need to be accountable. Accountable to facts, and the rigorous tests of evidence.
Humans are fallable, imperfect, and in some cases even ruthlessly corruptible. Any rational system must first acknowledge that. People DO get railroaded, even with our normal judicial system. But our normal judicial system makes this much harder to happen, since it provides a system of accountability to facts.
"if we nab any of the Al Queda, justice should be expedient and unmerciful."
I agree it should be unmerciful, but not so expedient that the person's guilt can't be a certainty. It's not like some extra terrorists on trial are going to significantly dig into our tax dollars--I doubt they would even account for one-tenth of one percent of our total criminal court proceedings. No, the expedience desired is more for our emotional "needs" than anything else.... Closure or whatever.
Besides, why make it quick for them? Why not let them languish in a cell with "Bubba" for awhile, while they wait for their judgment day? Certainly suspend bail in such cases....
"And I just fear some liberal bench judge is going to find some technicality, with the help of the ACLU, and the bums are going to get off."
I hate when people complain about the ACLU about this, rather than rest the blame for these failings squarely where they belong--on the prosecutors. "Technicalities" are where THEY f*ck up, after all.... A good, competent and thorough prosecutor will make sure he doesn't make stupid mistakes.
"We can both agree this won't happen in a military court."
I wouldn't mind a sort of "compromise" to this: giving these alleged war criminals a court-martial, where mistakes like what you describe VERY rarely happen (and actually such mistakes even in our civilian courts are pretty rare--that's why they're "news"), and yet full rules of evidence are still used. However, since courts-martial are reserved for military personnel, I'm not sure if extending them to these accused would be legally possible....
"So whether or not it is right or legal, I personally don't care. That is the beauty of being a citizen versus an Attorney General. I don't have to be right. He does."
Yes, he certainly does. And it IS the duty of the citizen to hold such officials (including the Attorney General) accountable, so that they DO do the right thing. That's what I'm trying to do here....
Actually I do not know yet how these will be run, but generally military tribunals don't allow counsel, don't have juries, don't require proof of guilt, and are basically set up to provide a stamp of official approval before an execution, in an assembly-line kind of process. They are used extensively in military dictatorships, like in old Latin American regimes. They are quite different from even a standard court-martial.
If there is any sort of press coverage of these proceedings, I'll watch closely (or read closely) and make further determinations. However I have a feeling there won't be such coverage....
"Allan, I know I am wrong here. I probably couldn't argue with you about this. I just feel"
And you know, I pretty much "feel" the same way. But what is right isn't always based on what we "feel"--and we cannot assume that a person is guilty if he's merely accused, and maintain a free society at the same time. We cannot blindly trust that the accusers are always right--the accusers, like everyone in any position, need to be accountable. Accountable to facts, and the rigorous tests of evidence.
Humans are fallable, imperfect, and in some cases even ruthlessly corruptible. Any rational system must first acknowledge that. People DO get railroaded, even with our normal judicial system. But our normal judicial system makes this much harder to happen, since it provides a system of accountability to facts.
"if we nab any of the Al Queda, justice should be expedient and unmerciful."
I agree it should be unmerciful, but not so expedient that the person's guilt can't be a certainty. It's not like some extra terrorists on trial are going to significantly dig into our tax dollars--I doubt they would even account for one-tenth of one percent of our total criminal court proceedings. No, the expedience desired is more for our emotional "needs" than anything else.... Closure or whatever.
Besides, why make it quick for them? Why not let them languish in a cell with "Bubba" for awhile, while they wait for their judgment day? Certainly suspend bail in such cases....
"And I just fear some liberal bench judge is going to find some technicality, with the help of the ACLU, and the bums are going to get off."
I hate when people complain about the ACLU about this, rather than rest the blame for these failings squarely where they belong--on the prosecutors. "Technicalities" are where THEY f*ck up, after all.... A good, competent and thorough prosecutor will make sure he doesn't make stupid mistakes.
"We can both agree this won't happen in a military court."
I wouldn't mind a sort of "compromise" to this: giving these alleged war criminals a court-martial, where mistakes like what you describe VERY rarely happen (and actually such mistakes even in our civilian courts are pretty rare--that's why they're "news"), and yet full rules of evidence are still used. However, since courts-martial are reserved for military personnel, I'm not sure if extending them to these accused would be legally possible....
"So whether or not it is right or legal, I personally don't care. That is the beauty of being a citizen versus an Attorney General. I don't have to be right. He does."
Yes, he certainly does. And it IS the duty of the citizen to hold such officials (including the Attorney General) accountable, so that they DO do the right thing. That's what I'm trying to do here....