Stuuuuuuu wrote:
My feeling on tribunals vs. civilian trials is simple: tribunals are more secretive, and thus give the appearance of less fairness. Defense attorneys are not given the same resources they are in a civilian trial. The government can hide its evidence much more easily by claiming releasing it would violate national security. It's my belief that no corners should be cut in trying to convict these criminals if the US is trying to maintain that it is on the "right" side of this conflict. Open the proceedings up and let the sun shine in.
Question: If by your logic military tribunals are less fair, less just, and less credible than civilian trials, should we not be doing away with military tribunals altogether?
It seems to me that if it is more fair, more just, more transparent, and more favorable in the eyes of those nations who don't like us to handle matters of national security under the jurisdiction of the criminal justice system than why don't we?
If by extending all the rights given in our constitution to enemy combatants and terrorists captured around the world, wouldn't we ingratiate ourselves and make our country safer by subtracting enemies and winning hearts and minds?
Wouldn't we be far better served on the world stage if we decided to replace our military branches with divisions of police? The military way is less compassionate, less fair, and less transparent than the public law enforcement way, and America should be able to shine our light among the nations, no?
The military way includes fighting battles where innocent civilians often are lost as collateral damage. Well, this would not happen if those who were dropping the bombs, firing the weapons, and giving orders to shoot would understand that they may be subject to murder charges themselves for any innocent lives that are taken, just as they would be if they smart bombed a building where suspected criminals were hiding out and killed innocent people in the process who just happened to get in the way.
All we need to do is remember that in this new "just war" there are no terrorists to hunt down, only suspects to apprehend and bring forward before a civilian jury with the full presumption of innocence.