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Today's Poli-Poll: 9/11 TrialsFollow

#52 Mar 05 2010 at 2:29 PM Rating: Decent
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That's just stupid. Or naive.

I'll go with stupid.


Right, because the terrorists could just attack the courthouse. Forgot about the fear aspect.

With proper security and in-depth screenings of all involved, there is very very minimal risk. So tell me what's so stupid or naive about it.
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#53 Mar 05 2010 at 3:59 PM Rating: Decent
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Grandfather Driftwood wrote:
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That's just stupid. Or naive.

I'll go with stupid.


Right, because the terrorists could just attack the courthouse. Forgot about the fear aspect.


That's not the extent of the harm which said trial could cause. It has a lot more to do with the precedent set in terms of enemy combatants, specifically ones which don't follow the "rules" of war. You're essentially telling them that they will receive better results if they conduct terrorist attacks against civilian targets than if they conduct above-board military operations. What you'll see as a result is an increase in state's sponsoring terrorism as a means of conducting warfare.

Obviously, this doesn't all hinge on one trial for one guy, but it's about the legal direction of the issue itself. Each decision we make pushes our response to future situations in a given direction. And the direction we're going with this one isn't the direction we should be taking.
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#54 Mar 05 2010 at 4:30 PM Rating: Good
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The only way that could make less sense is if it was said by the Swedish Chef.

But I'm out the door so I'll leave it at that so you can whine about how unfair it is for me to criticize and not meet the Gbaji Standards for Posting.
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#55 Mar 05 2010 at 4:35 PM Rating: Good
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Interestingly, we are pretty evenly divided. I brought the civilian court vote to 16, but before that it was 50/50.

Of course, there's the one person who wants to hold them in a cell indefinitely.
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#56 Mar 05 2010 at 6:00 PM Rating: Decent
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Samira wrote:
Also the whole thing of finding an unbiased jury at this point. Yeah.

This. It's likely you'll only be able to get jurors on either end of the bias extreme at this point. It'd just end up being a mistrial if you go civilian courts, IMO.
#57 Mar 05 2010 at 6:09 PM Rating: Decent
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I went civilian because it is, presumably, more just.
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#58 Mar 05 2010 at 6:23 PM Rating: Decent
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The One and Only Poldaran wrote:
Samira wrote:
Also the whole thing of finding an unbiased jury at this point. Yeah.

This. It's likely you'll only be able to get jurors on either end of the bias extreme at this point. It'd just end up being a mistrial if you go civilian courts, IMO.
And a Tribunal would give a less biased jury?

In any event, there does exist among the population a subset whom could weight their guilt or innocence on the evidence offered at trial, albeit the likelyhood of that subset corresonding with the subset in this specific jury is slim.
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#59 Mar 05 2010 at 6:36 PM Rating: Decent
Timelordwho wrote:
The One and Only Poldaran wrote:
Samira wrote:
Also the whole thing of finding an unbiased jury at this point. Yeah.

This. It's likely you'll only be able to get jurors on either end of the bias extreme at this point. It'd just end up being a mistrial if you go civilian courts, IMO.
And a Tribunal would give a less biased jury?

In any event, there does exist among the population a subset whom could weight their guilt or innocence on the evidence offered at trial, albeit the likelihood of that subset corresponding with the subset in this specific jury is slim.


Man, those words sound familiar.
#60 Mar 05 2010 at 6:43 PM Rating: Good
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Kavekk the Ludicrous wrote:
Timelordwho wrote:
The One and Only Poldaran wrote:
Samira wrote:
Also the whole thing of finding an unbiased jury at this point. Yeah.

This. It's likely you'll only be able to get jurors on either end of the bias extreme at this point. It'd just end up being a mistrial if you go civilian courts, IMO.
And a Tribunal would give a less biased jury?

In any event, there does exist among the population a subset whom could weight their guilt or innocence on the evidence offered at trial, albeit the likelihood of that subset corresponding with the subset in this specific jury is slim.


Man, those words sound familiar.


Set theory?
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#61 Mar 05 2010 at 8:31 PM Rating: Decent
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Jophiel wrote:
The only way that could make less sense is if it was said by the Swedish Chef.


It doesn't make sense to you that actions we take today set precedents which will guide future actions in similar situations?

Or is it that you're unable to understand how reducing the penalties for engaging in warfare by getting poor disenfranchised people to strap bombs onto themselves and blow up random citizens will tend to result in those things happening more often?

It is not about whether or not they're getting a "fair trial". That's just a giant red herring. Both civilian trials and military tribunals have a long and legal history in this country. Both are "fair". And both have a specific set of conditions in which they should be used. But for some unfathomable reason, some people seem to think that one is more "fair" than the other, and to not apply civilian trials in situations where military tribunals are clearly the correct venue is some kind of rights violation.

It's the secondary aspect of the issue that is the danger. Not the specifics of a single trial. It's the ability to play on the ignorance of the public by first insisting that only civilian trials are "fair", and then leveraging that assumption to argue that all combatants being detained must therefore be granted a trial or be released. As I stated in my last post. It's not about the specifics of this trial, but what the reasoning behind the decision about this trial means down the line.


I get how the whole "cause and effect" thing is complicated for you... ;)
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#62 Mar 05 2010 at 8:39 PM Rating: Good
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gbaji wrote:
Jophiel wrote:
The only way that could make less sense is if it was said by the Swedish Chef.


It doesn't make sense to you that actions we take today set precedents which will guide future actions in similar situations?

Or is it that you're unable to understand how reducing the penalties for engaging in warfare by getting poor disenfranchised people to strap bombs onto themselves and blow up random citizens will tend to result in those things happening more often?

Except, if you aren't a raging moron, you could understand how that isn't what's happening at all. The idea that this guy is being tried in a civilian court doesn't mean China is going to go ********** armies, let's provoke terrorists". How is it any more enticing for the state which sponsors the act? The only people it makes jack **** difference to are the people in danger of being put on trial, who are already ideologically convinced to do these things and aren't going to make their decision based on whether they end up in civilian or military court.
#63 Mar 05 2010 at 10:00 PM Rating: Good
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gbaji wrote:
Or is it that you're unable to understand how reducing the penalties for engaging in warfare by getting poor disenfranchised people to strap bombs onto themselves and blow up random citizens will tend to result in those things happening more often?

What "reduced penalties"? And you honestly think that a military tribunal is going to cow governments that were otherwise planning on supporting terrorists? Really? Did you huff paint before typing that?

Quote:
I get how the whole "cause and effect" thing is complicated for you

I'll admit that I have a hard time following along when you just make up unsupported shit.
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#64 Mar 05 2010 at 10:03 PM Rating: Decent
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Majivo wrote:
The only people it makes jack sh*t difference to are the people in danger of being put on trial, who are already ideologically convinced to do these things and aren't going to make their decision based on whether they end up in civilian or military court.


It makes a difference when attempting to convince the next group of people to do those things.

It makes a difference when we extend the concept of civilian trials beyond just where the venue is to whether or not subjects can be questioned, whether they must be read their Miranda rights, whether or not they must be granted a speedy trial, and a host of other things. The argument for civilian trials is linked with the argument for demanding that combatants who don't match the definition of "soldier" in the Geneva Conventions must be treated to the full benefits of civilian law (which go well beyond venue). Surely you noticed this debate over the last 8 years or so?

One goes hand in hand with the other. As I said. It's not so much about this specific trial, but the standards it sets for treatment of the next batch of guys caught trying (or succeeding) in conducting a terrorist attack. It leads us into an awkward legal state where those who conduct warfare via terrorist attack are actually given *better* treatment than those who put on uniforms and follow the rules.


That's a pretty horrible mistake to make.
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#65 Mar 05 2010 at 10:47 PM Rating: Good
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Timelordwho wrote:
The One and Only Poldaran wrote:
Samira wrote:
Also the whole thing of finding an unbiased jury at this point. Yeah.

This. It's likely you'll only be able to get jurors on either end of the bias extreme at this point. It'd just end up being a mistrial if you go civilian courts, IMO.
And a Tribunal would give a less biased jury?

Okay, I may be misunderstanding this, and if I am, then I'll admit that I'm wrong. But I'm under the impression that a military tribunal uses officers with some legal background as the jury. Do I think someone with legal background can be more capable of making a judgment based on the presented case than personal feelings? Yes. If it were between a civilian trial by judge or a tribunal, then I wouldn't care, but I have far too little faith in the average juror to believe that the guy would get a fair trial with a civilian jury.
#66 Mar 05 2010 at 11:30 PM Rating: Decent
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gbaji wrote:
Majivo wrote:
The only people it makes jack sh*t difference to are the people in danger of being put on trial, who are already ideologically convinced to do these things and aren't going to make their decision based on whether they end up in civilian or military court.


It makes a difference when attempting to convince the next group of people to do those things.

Wrong. It's like you didn't even read what I wrote.

Quote:
It makes a difference when we extend the concept of civilian trials beyond just where the venue is to whether or not subjects can be questioned, whether they must be read their Miranda rights, whether or not they must be granted a speedy trial, and a host of other things.

So it makes a difference in your own mind and nowhere else? Just checking. 'Cause any rational person has already realized that denying certain basic rights - rights which we have defined as being for all men, not those for whom it's most convenient - to enemies, whether those enemies fight as civilians or in uniform, makes our nation safer in no way at all. I don't think you realize the sort of ideological dedication we're talking about here. These aren't people who are deterred by the thought of pain or death. ****, they're already blowing themselves up for their cause.

Quote:
One goes hand in hand with the other. As I said. It's not so much about this specific trial, but the standards it sets for treatment of the next batch of guys caught trying (or succeeding) in conducting a terrorist attack. It leads us into an awkward legal state where those who conduct warfare via terrorist attack are actually given *better* treatment than those who put on uniforms and follow the rules.


That's a pretty horrible mistake to make.

The standards for treatment have already been established - that's why we wrote that Constitution, you know. Funny how much stock you put in it when it supports your point, but toss it to the side as soon as it runs counter to your own ideas.
#67 Mar 05 2010 at 11:49 PM Rating: Decent
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A precedent for civilian trials for suspected terrorists needs to be set considering the amount of people being held without charges or even evidence to back up the claims of terrorism by the US.

Why not use this opportunity to show that even those being held when they didn't do anything have a chance to prove their innocence?
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#68 Mar 05 2010 at 11:53 PM Rating: Good
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gbaji wrote:
It leads us into an awkward legal state where those who conduct warfare via terrorist attack are actually given *better* treatment than those who put on uniforms and follow the rules.

The people who put on uniforms are doing so for different reasons than the guys strapping themselves with explosives. Iran, to grab a random example, is about one hundred billion times more likely to attack the US via dynamite strapped goon than via flotilla of Iranian battleships headed for New York. For that matter, so is China or Russia. Want to guess why?

Hint: It has fuck-all to do with your asinine comments about tribunals vs civilian courts.
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#69 Mar 05 2010 at 11:53 PM Rating: Good
Grandfather Driftwood wrote:
A precedent for civilian trials for suspected terrorists needs to be set considering the amount of people being held without charges or even evidence to back up the claims of terrorism by the US.

Why not use this opportunity to show that even those being held when they didn't do anything have a chance to prove their innocence?


Why would a military trial not give the suspect a chance to prove their innocence?
#70 Mar 06 2010 at 12:00 AM Rating: Good
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Samira wrote:
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Another is fact that to millions of Americans the bestowing of Constitutional Protections to non-citizens who plotted and carried out the largest attack on American soil since Pearl Harbor is an anathema.


This to me is not a problem. We're the good guys. If our laws are fair for us, they're fair for everyone. Our principles can stand, or they can fall, but they cannot be applied only to some people some of the time, whenever it's convenient for us.

The way we treat others has, or should have, less to do with them than it has to do with us.

This.

There has always been a perfectly good law to try the 9/11 people under, and that one is "Murder in the 1st degree". "Conspiracy to Murder." Premeditated murder.

It doesn't matter that these guys had a political or religious motive. At the time of the attack, they weren't uniformed soldiers under the command or pay of any particular nation state. There may have been some various government funds that made their way to them via murky ways, but no government came out after the 9/11 attack and claimed it as the first strike in a military war.

I fail to see why trying these men for 3000 murders and giving them 3000 consecutive life sentences isn't strong, nasty and poetic justice.

Edited, Mar 6th 2010 3:17am by Aripyanfar
#71 Mar 06 2010 at 12:00 AM Rating: Decent
I fail to see why it matters where he's tried, just as long as he gets a trial.

You should have added another option: I don't give a shit.
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#72 Mar 06 2010 at 12:24 AM Rating: Good
Aripyanfar wrote:
I fail to see why trying these men for 3000 murders and giving them 3000 consecutive life sentences isn't strong, nasty and poetic justice.

A slow and painful shuffling loose the mortal coil is much more appropriate, that's why. You can't serve 3000 life sentences, and 3 hots on my ticket for the next 50 years or so seems like a slap in the face to the victims of the attack, which includes more than just those who dies and their families.
#73 Mar 06 2010 at 12:49 AM Rating: Good
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His Excellency MoebiusLord wrote:
Aripyanfar wrote:
I fail to see why trying these men for 3000 murders and giving them 3000 consecutive life sentences isn't strong, nasty and poetic justice.

A slow and painful shuffling loose the mortal coil is much more appropriate, that's why. You can't serve 3000 life sentences, and 3 hots on my ticket for the next 50 years or so seems like a slap in the face to the victims of the attack, which includes more than just those who dies and their families.

We, collectively, have surrendered personal revenge, so that the state can extract justice, and keep innocent people as safe as possible, instead.

If you do what the bad guy has done unto you, then you become no better than him.
#74 Mar 06 2010 at 1:03 AM Rating: Good
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Islamic terrorists were just a red herring in the 911 attacks anyway.

Oh yeah. I just became that guy.
#75 Mar 06 2010 at 1:27 AM Rating: Good
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His Excellency MoebiusLord wrote:
Aripyanfar wrote:
I fail to see why trying these men for 3000 murders and giving them 3000 consecutive life sentences isn't strong, nasty and poetic justice.

A slow and painful shuffling loose the mortal coil is much more appropriate, that's why. You can't serve 3000 life sentences, and 3 hots on my ticket for the next 50 years or so seems like a slap in the face to the victims of the attack, which includes more than just those who dies and their families.




But he wouldn't get a slow, painful shuffling loose the mortal coil. He'd get put to sleep. I'd rather spend less money and see him bouncing off the walls of an 8X10 cell for the next 40 years or so.
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#76 Mar 06 2010 at 1:44 AM Rating: Decent
Aripyanfar wrote:
His Excellency MoebiusLord wrote:
A slow and painful shuffling loose the mortal coil is much more appropriate, that's why. You can't serve 3000 life sentences, and 3 hots on my ticket for the next 50 years or so seems like a slap in the face to the victims of the attack, which includes more than just those who dies and their families.

We, collectively, have surrendered personal revenge, so that the state can extract justice, and keep innocent people as safe as possible, instead.

If you do what the bad guy has done unto you, then you become no better than him.

We, collectively, have done no such thing. Some people have decided that we should be more "civilized" and rise above such "petty" notions as revenge. We like to call you people bleeding-heart liberals and dismiss such notions as Utopian and childish. We understand that punishment must be punitive and should hurt. Giving people like KSM a pulpit for the rest of his natural born life, able to publish, able to be interviewed, able to speak to other prisoners, can do no good for the species or the country.

We are no better than the people we punish, except in as much as we follow the law (which, I hate to break to you, includes military tribunals and execution).
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