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Today's Poli-Poll: 9/11 TrialsFollow

#77 Mar 06 2010 at 1:45 AM Rating: Decent
KingJohn wrote:
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.

That's cute. The military doesn't do expensive executions.
#78 Mar 06 2010 at 2:08 AM Rating: Good
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His Excellency MoebiusLord wrote:

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).

You know, if I was into that kind of thing, I'd pray for your soul.

The hijacking pilots on 9/11 were very sure that they understood that punishment for injustices must be punitive and should hurt.
#79 Mar 06 2010 at 8:16 AM Rating: Good
Quote:
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.


1) You can't isolate groups like "those guilty of terrorism" before you have the trial because that is the fucking purpose of the trial. It's the same as killing anyone suspected of murder because murderers don't deserve trials. Completely nonsensical. Trials are not some favour to the accused, they are imperative in deciding if they are actually guilty. Everyone should want the fairest trial possible.
2) I thought a military tribunal as fair as a civilian court? How, then, is it better to have a civilian trial?
3) Also, this is not the case. Soldiers are protected by the Geneva convention and are likely to be released on the cessation of hostilities, unless they committed a war crime. Being a soldier is not a crime in and itself, terrorism is.

If military tribunals are as fair as civilian courts, why not model our courts on the same system? It is, after all, much quicker and cheaper. Is that what you're in favour of, Gbaji?
#80 Mar 06 2010 at 8:28 AM Rating: Good
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Why does this matter?
It's not like he's going to get a fair trial either way.
Barring a miracle he's going to be executed anyway.
#81 Mar 06 2010 at 8:44 AM Rating: Good
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His Excellency Aethien wrote:
Barring a miracle he's going to be executed anyway.
Why would you want a miracle? The only reason to not execute him would be if he were innocent. And that's a different point altogether.
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#82 Mar 06 2010 at 9:16 AM Rating: Excellent
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His Excellency Aethien wrote:
Why does this matter?
It's not like he's going to get a fair trial either way.
Barring a miracle he's going to be executed anyway.


Nonsense. I'm sure he'll get a fair trial followed by a first-class hanging.

Seriously, the fairness of the trial won't change the facts. As to the disposition, I'm not as sure as you are.

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#83 Mar 06 2010 at 9:17 AM Rating: Decent
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His Excellency MoebiusLord wrote:
KingJohn wrote:
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.

That's cute. The military doesn't do expensive executions.

How much is a .45 cartridge for a 1911?

I missed my opportunity earlier to promote upside-down naked crucifixions during half-time of the Monday Night Football game.
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#84 Mar 06 2010 at 9:50 AM Rating: Good
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Quote:
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).


It has nothing to do with whether or not people decided to be "civilized." It's the simple fact that there is nothing you can do to him that will even remotely sate your need for revenge.

You can't kill him, because then he doesn't suffer (and, in his mind, he's going to be rewarded upon death anyway).

You could lock him in a cell for the next 50 years. But even the most dank dungeons in the world don't seem bad enough that this would be sweet revenge.

You could torture him. But either you do it too much and he goes insane, which makes any future revenge impossible, or you do it too little and you still feel that he hasn't been punished enough.

The fact of the matter is that people don't feel any better after an eye-for-an-eye treatment of the guilty party as they do for one that just puts him in a cell for the rest of his life. It has nothing to do with civilization. It has everything to do with the fact that we cannot punish him in any way that would sate our hate. And, if you do want revenge, a bullet to the head is the worst option.

[EDIT]
Quote:
Why would you want a miracle? The only reason to not execute him would be if he were innocent. And that's a different point altogether.


That IS his point. As seen in the line above it where he won't be getting a fair trial.

And I have to agree. There is no chance whatsoever that this guy, if innocent, will be found as such--in civilian OR military court. The fact that it is happening 9 years after the fact doesn't help. Especially when we have lived in the aftermath of the attack all this time.

Edited, Mar 6th 2010 10:52am by idiggory
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#85 Mar 06 2010 at 9:57 AM Rating: Good
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Quote:
That IS his point. As seen in the line above it where he won't be getting a fair trial.
Let's just skip the trial then and eecute him.
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#86 Mar 06 2010 at 3:39 PM Rating: Decent
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Why would a military trial not give the suspect a chance to prove their innocence?


To be honest, I just don't trust the US Military to be even the slightest bit interested in allowing any suspected terrorists the chance to adequately prove their innocence.
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#87 Mar 06 2010 at 5:28 PM Rating: Good
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Meh, I say military trial. Either way there is no chance in hell of a fair trial.
#88 Mar 06 2010 at 11:38 PM Rating: Good
Uglysasquatch, Mercenary Major wrote:
Quote:
That IS his point. As seen in the line above it where he won't be getting a fair trial.
Let's just skip the trial then and execute him.
Right, trial by firing squad.
#89 Mar 06 2010 at 11:41 PM Rating: Good
His Excellency MoebiusLord wrote:
We understand that punishment must be punitive and should hurt.
Which isn't the case if we have to abide by the (to my mind, anyway) ridiculous idea that punishments may not be unusual.

I can understand the prohibition on cruel punishments, such as drawing and quartering, immolation, and the like, but "unusual"... seriously, is there a reason why it's bad that the punishment you receive for a given crime cannot be necessarily predicted with accuracy?
#90 Mar 07 2010 at 12:37 AM Rating: Decent
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The attack was an act of war. While it may not have been an act backed by a Nation (if you believe that) that doesn't change the nature of it. As such, it should be conducted by a military tribunal. You can hem and haw about which is more fair, or more just, or whatever you like. But putting a saddle on a hog doesn't make it a horse.
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#91 Mar 07 2010 at 4:27 PM Rating: Excellent
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Kakar wrote:
The attack was an act of war. While it may not have been an act backed by a Nation (if you believe that) that doesn't change the nature of it. As such, it should be conducted by a military tribunal. You can hem and haw about which is more fair, or more just, or whatever you like. But putting a saddle on a hog doesn't make it a horse.


It's like you guys have forgotten what real war is.

When it's safer to be a soldier than say, a truck driver or a fisherman, well...

And by your metric, things like homicides should be taken to the 'ole kangaroo court. Based on our position as a "free society" giving fair trials shouldn't be thrown out the window the second you get scared.

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#92 Mar 07 2010 at 7:02 PM Rating: Good
Timelordwho wrote:
Based on our position as a "free society" giving fair trials shouldn't be thrown out the window the second you get scared.



I say again, why aren't military trials considered fair trials?
#93 Mar 07 2010 at 7:40 PM Rating: Decent
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Quote:
I say again, why aren't military trials considered fair trials?



They are secret. It is difficult or sometimes impossible for the defense to get access to evidence. No right to a conventional appeal...
#94 Mar 08 2010 at 12:35 PM Rating: Good
Belkira the Tulip wrote:

I say again, why aren't military trials considered fair trials?


Parts of the original act:

http://en.wikipedia.org/wiki/Military_Commissions_Act_of_2006

were deemed unconstitutional:

http://en.wikipedia.org/wiki/Boumediene_v._Bush

So the method of military trial has existed a long time - but an entirely new thing was created in 2006 to address current circumstances.

It is as if whenever a particularly heinous crime is committed, an entirely new court is created to deal specifically with that case. In principle, this could be done fairly. In reality, it begs the question why such a new thing is needed and the existing mechanisms are not enough.

Initially, the rights of the detained were stunningly limited. Neither they, nor their lawyers could see the evidence against them. Nor could the lawyers meet their clients before the trial. This is, of course, insane. And to the great credit of the US military, they by and large threw these cases out. They know that the way we treat others will be returned to us, in time.

#95 Mar 08 2010 at 12:37 PM Rating: Good
Thank you, Yossarian.
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