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Old 01-22-2009, 08:33 AM
 
121 posts, read 225,783 times
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I knew it was going to be a legal mess when I first heard reports that we captured some of these fellas. We should have just put a bullet in their heads or strapped them on pallets and dumped them out of C-130s over the ocean and been done with it.
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Old 01-22-2009, 08:38 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,868,498 times
Reputation: 2519
Historically speaking that is what would be done with such people....they do not fall under the protection of the laws governing war due to their choosing to not follow those laws.

Fighting out of uniform was normally grounds to be shot.
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Old 01-22-2009, 08:38 AM
 
4,586 posts, read 5,477,737 times
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Jughead conservatives will never understand that we put our own freedoms in jeopardy by stripping others of their rights. To imprison someone indef. without charges or trial is unconstitutional. If we can't prove that they're terrorists they must be released. How would you(jughead conservatives) feel if you were overseas and another government decided to "deam" you a terrorist without evidence, charges or trial. They proceed to torture you for info you don't have then decide to keep for the sake of keeping you..Sucks wouldn't it but jugheads rarely step outside themselves. They only look out and pretend to be tough. If they were in that situation they would be the first person hoping for diplomacy. If we have proof of terrorism and can convict these people then you can do whatever you want to them but if not they should be deported to their native country. If MLK would've lead the civil rights movement with the same attitude as the jugheads (stoop to the oppositions level) we would have never experienced a day like Tuesday.
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Old 01-22-2009, 08:39 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,868,498 times
Reputation: 2519
Quote:
Originally Posted by Tank1906 View Post
Jughead conservatives will never understand that we put our own freedoms in jeopardy by stripping others of their rights. To imprison someone indef. without charges or trial is unconstitutional. If we can't prove that they're terrorists they must be released. How would you(jughead conservatives) feel if you were overseas and another government decided to "deam" you a terrorist without evidence, charges or trial. They proceed to torture you for info you don't have then decide to keep for the sake of keeping you..Sucks wouldn't it but jugheads rarely step outside themselves. They only look out and pretend to be tough. If they were in that situation they would be the first person hoping for diplomacy. If we have proof of terrorism and can convict these people then you can do whatever you want to them but if not they should be deported to their native country. If MLK would've lead the civil rights movement with the same attitude as the jugheads (stoop to the oppositions level) we would have never experienced a day like Tuesday.
What rights do the inmate at Gitmo have?
What laws would you try them under?
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Old 01-22-2009, 08:55 AM
 
Location: Oxford, England
13,026 posts, read 24,626,809 times
Reputation: 20165
Quote:
Originally Posted by oz in SC View Post
What rights do the inmate at Gitmo have?
What laws would you try them under?
Unless you are willing to let them be tried at the Hague for crimes against humanity in an International court of Law ( and I know many Americans despise that institution), I would have thought US law has to be the one which applies as even though they were seized in different countries they were seized by the US. You could argue that their being seized in any sovereign nation is illegal as strictly speaking a process of extradition should have been seeked and pursued. Some were handed over as far as I know by some governments so for those the issue does not apply. There was a few cases of British citizens, those should have been handed over immediately and dealt with by the UK court system.

One thing is sure though they do have rights, exactly the same you and I would expect to have. Not the right to get away with murder, the right to be found guilty by a proper court and to have transparency in all judicial dealings on the matter.

If we are going to mistrust any local/foreign legal systems to render justice then we must be prepared to pass judgement ourselves, following our own legal system to the letter, BUT in a legal and even handed manner, pre-judging a case without proof is hardly the way to go.

Society is not ruled by morality but by Laws. Ignore the law and you descent into chaos and become a caricature of a democracy and it weakens any case we have against those people.

I find it really odd that we presume to teach certain Nations about Freedom and pretend to bring "democracy" to them when we are so bloody inconsistent.
One can be firm and fair.

As I said before let the bastards rot in hell for all I care if they are proven guilty , until then nobody has the right to presume their guilt simply because it makes us feel better about having exacted revenge .


Justice must not only be done but seen to be done.


Justice not blind furious revenge. It is an extremely emotive issue which makes it all the more important for us to behave above board.
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Old 01-22-2009, 09:00 AM
 
4,586 posts, read 5,477,737 times
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Quote:
Originally Posted by oz in SC View Post
What rights do the inmate at Gitmo have?
What laws would you try them under?
That's excatly the point!! We can't simply hold people under NO rule of law..By doing so, we present ourselves as being above international law. Just because we say you're a criminal doesn't make you a criminal. Do we operate our own justice system in this manner? We've reduced ourselves to their level and given them the moral high ground as well as wonderful recruiting tool. "Americans will imprison and torture just because".

Luckily this will be remedied very soon and we can begin to find long term viable solutions to this problem.
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Old 01-22-2009, 09:01 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,868,498 times
Reputation: 2519
Actually the inmates do not have the same rights as you and I...they are not US citizens and committed no crime on US soil that I am aware of.

They were captured on various battlefields around the world,why would US law apply to them?

Does military laws apply to them or civilian laws?

Are they criminals?
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Old 01-22-2009, 09:04 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,868,498 times
Reputation: 2519
Quote:
Originally Posted by Tank1906 View Post
That's excatly the point!! We can't simply hold people under NO rule of law..By doing so, we present ourselves as being above international law. Just because we say you're a criminal doesn't make you a criminal. Do we operate our own justice system in this manner? We've reduced ourselves to their level and given them the moral high ground as well as wonderful recruiting tool. "Americans will imprison and torture just because".

Luckily this will be remedied very soon and we can begin to find long term viable solutions to this problem.
I don't think it will be remedied soon at all....

Unlike the first WTC bombers,the inmates at Gitmo were not IN the USA committing crimes.

They were mostly in a nation with no internationally recognised government at the time.

I would suggest sending them back to whatever nation they were captured in....the Afghan government will simply shoot most of them right away.

Problem solved.
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Old 01-22-2009, 09:07 AM
 
4,586 posts, read 5,477,737 times
Reputation: 943
Quote:
Originally Posted by oz in SC View Post
Actually the inmates do not have the same rights as you and I...they are not US citizens and committed no crime on US soil that I am aware of.

They were captured on various battlefields around the world,why would US law apply to them?

Does military laws apply to them or civilian laws?

Are they criminals?
Even prisoners of war have rights..But we aren't detaining them as prisoners of war..We are basically detaining them based on Executive Order which is why Obama just ordered it closed by Executive Order. Bush used his authority to userp the constitution and international law. It gets worst the more I think about it!
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Old 01-22-2009, 09:11 AM
 
4,586 posts, read 5,477,737 times
Reputation: 943
Quote:
Originally Posted by oz in SC View Post
I don't think it will be remedied soon at all....

Unlike the first WTC bombers,the inmates at Gitmo were not IN the USA committing crimes.

They were mostly in a nation with no internationally recognised government at the time.

I would suggest sending them back to whatever nation they were captured in....the Afghan government will simply shoot most of them right away.

Problem solved.
Really, problem solved. That's "Bush" thinking..All that would do is make them martars and encourage more radicals to attack us in an attempt to find the same fate. The worst thing you can do to a radical muslim is send a home with a pat on the back telling him that he's nobody. These people dream of death at our hands.
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