Here are my over-due thoughts upon the preposterous idea of suspending due process for the Boston terrorist. If you don't want to read this boring blog post about boring legal issues, just read the last paragraph. It's short and sweet. I promise that I'll try to be less nerdy. It's just that I care about due process.
Just in case you didn't know, due process of law, means that a person is given all the required processes that the government is legally obligated to give the person. This includes telling them about a possible trial, telling the accused about his miranda rights, allowing the accused the opportunity to get a lawyer, the right to go to a court, for criminal trials- the right to a trial by jury... There are other due process rights, but these are pretty big ones. Without these rights, you take the "justice" out of the justice system. It's that simple.
While in my saturday classes, my professor asked an interesting question. What do you think about suspending due process?
There are two popular, but eventually wrong answers floating about. 1. We should try Jafar as an enemy combatant. Also, I know it's not his name, but I can't resist calling him Jafar. It's just such a good name for a Villan. Anyways, I'm digress. 2. Reciprocity should be instituted, so we're capable of denying due process and miranda rights to people that would not normally get them.
1. An enemy combatant is a.
1. combatant
2. a combatant from an Enemy nation, (nation we're at war with)
Let me point out that Jafar is a citizen. Not only is it troublesome to deny Jafar due process simply because he's a citizen, it's downright ridiculous to label Jafar as an enemy combatant. Unless there is a nation of terrorists out there, Terrorista-stan, I refuse to believe that we're at war with terror. Consequently, I'm not buying this enemy combatant idea. It's completely ridiculous. It's not founded in law.
Now let's get to the more popular argument.
2. Reciprocity should be instituted, so we're capable of denying due process and miranda rights to the people that would not normally get them.
Basically what these people are saying is, "In whatever land these people are coming from, they don't enjoy the same level of rights as Americans do. Why should we give them rights? Let's treat them like they're at home."
Here is why this is stupid.
As fred say, "When you look in the abyss, the abyss gazes back into you. When fighting monsters, take care that you don't become a monster yourself." It seems so apropos, doesn't it? Just because these people came from a barbaric, tyrannical country, doesn't mean that they're homesick, and the only remedy is a steady dose of barbarism and tyranny. In essence, Reciprocity means that we're lowering the standards of our country in order to a few bad apples.
Here is the gist of my reasoning. Sacrificing the rule of law in order to ensure security, is a terrible trade. Can anyone ever be secure without the sound rule of law? Moreover, you can't lower your standards of law to match the barbarism and tyranny present elsewhere. One cannot trade his dignity just so he can fall asleep easier at night. Worse off, if YOU DID sacrifice your dignity, and YOU CAN sleep easier at night, perhaps security shouldn't have been your biggest concern.
Just in case you didn't know, due process of law, means that a person is given all the required processes that the government is legally obligated to give the person. This includes telling them about a possible trial, telling the accused about his miranda rights, allowing the accused the opportunity to get a lawyer, the right to go to a court, for criminal trials- the right to a trial by jury... There are other due process rights, but these are pretty big ones. Without these rights, you take the "justice" out of the justice system. It's that simple.
While in my saturday classes, my professor asked an interesting question. What do you think about suspending due process?
There are two popular, but eventually wrong answers floating about. 1. We should try Jafar as an enemy combatant. Also, I know it's not his name, but I can't resist calling him Jafar. It's just such a good name for a Villan. Anyways, I'm digress. 2. Reciprocity should be instituted, so we're capable of denying due process and miranda rights to people that would not normally get them.
1. An enemy combatant is a.
1. combatant
2. a combatant from an Enemy nation, (nation we're at war with)
Let me point out that Jafar is a citizen. Not only is it troublesome to deny Jafar due process simply because he's a citizen, it's downright ridiculous to label Jafar as an enemy combatant. Unless there is a nation of terrorists out there, Terrorista-stan, I refuse to believe that we're at war with terror. Consequently, I'm not buying this enemy combatant idea. It's completely ridiculous. It's not founded in law.
Now let's get to the more popular argument.
2. Reciprocity should be instituted, so we're capable of denying due process and miranda rights to the people that would not normally get them.
Basically what these people are saying is, "In whatever land these people are coming from, they don't enjoy the same level of rights as Americans do. Why should we give them rights? Let's treat them like they're at home."
Here is why this is stupid.
As fred say, "When you look in the abyss, the abyss gazes back into you. When fighting monsters, take care that you don't become a monster yourself." It seems so apropos, doesn't it? Just because these people came from a barbaric, tyrannical country, doesn't mean that they're homesick, and the only remedy is a steady dose of barbarism and tyranny. In essence, Reciprocity means that we're lowering the standards of our country in order to a few bad apples.
Here is the gist of my reasoning. Sacrificing the rule of law in order to ensure security, is a terrible trade. Can anyone ever be secure without the sound rule of law? Moreover, you can't lower your standards of law to match the barbarism and tyranny present elsewhere. One cannot trade his dignity just so he can fall asleep easier at night. Worse off, if YOU DID sacrifice your dignity, and YOU CAN sleep easier at night, perhaps security shouldn't have been your biggest concern.