Wednesday, July 11, 2007

Another Idea for Terrorist Courts

Personally, I think the present system is just fine. I really could care less how the world sees us with regards to those who would murder us. It's fairly simple. Maybe the EU wants to understand the Terrorists pain, me I'd rather see them locked up or just plain dead.

Well, if they are going to have the discussion again, this isn't too bad, though it is a bit vague on exactly what rights would be handed to terrorists.
Such a court would have a number of practical advantages over the current system. It would operate with a Congressionally approved definition of the enemy. It would reduce the burden on ordinary civilian courts. It would handle classified evidence in a sensible way. It would permit the judges to specialize and to assess over time the trustworthiness of the government and defense lawyers who appear regularly before them. Such a court, explicitly sanctioned by Congress, would have greater legitimacy than our current patchwork system, both in the United States and abroad.

Criminal prosecutions should still take place where they can. But they are not always feasible. Some alleged terrorists have not committed overt crimes and can be tried only on a conspiracy theory that comes close to criminalizing group membership. In addition, the evidence against a particular detainee may be too difficult to present in open civilian court without compromising intelligence sources and methods. And the standards of proof for evidence collected in Afghanistan might not meet every jot and tittle of American criminal law.

It's interesting at least.

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