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If we try them in a civilian court how do we account for the way in which things were handled on the battlefield? Do we ignore the lack of Miranda rights, and his right to remain silent? What about all the evidence gathered without a lawyer present, not to mention the use of coercive interrogations.
I don't think it's missing your point at all. A trial in absentia handles the matter of a lack of Miranda rights, evidence gathered without a lawyer present and so on.
Certainly the use of coercive interrogation methods will be brought up, and will have to be defended, but the facts of the case are not in question. Khalid Sheikh Mohammed's confession may be tossed because it was obtained under coercion, but other terrorists have named KSM as the mastermind, and unless their statements were the result of coercion, they will be allowed, on top of all the evidence the government has amassed against KSM.
We have tried terrorists before in civilian courts, and have convicted those terrorists. There is NO reason to believe that trying KSM will have different results.
I don't think it's missing your point at all. A trial in absentia handles the matter of a lack of Miranda rights, evidence gathered without a lawyer present and so on.
Certainly the use of coercive interrogation methods will be brought up, and will have to be defended, but the facts of the case are not in question. Khalid Sheikh Mohammed's confession may be tossed because it was obtained under coercion, but other terrorists have named KSM as the mastermind, and unless their statements were the result of coercion, they will be allowed, on top of all the evidence the government has amassed against KSM.
We have tried terrorists before in civilian courts, and have convicted those terrorists. There is NO reason to believe that trying KSM will have different results.
I don't think it's missing your point at all. A trial in absentia handles the matter of a lack of Miranda rights, evidence gathered without a lawyer present and so on.
Certainly the use of coercive interrogation methods will be brought up, and will have to be defended, but the facts of the case are not in question. Khalid Sheikh Mohammed's confession may be tossed because it was obtained under coercion, but other terrorists have named KSM as the mastermind, and unless their statements were the result of coercion, they will be allowed, on top of all the evidence the government has amassed against KSM.
We have tried terrorists before in civilian courts, and have convicted those terrorists. There is NO reason to believe that trying KSM will have different results.
the PROBLEM with having a civilian trail is the rules that go with it
as you said he 'admitted' his guilt....was this before or after the miranda that wasnt given???
evidence is overwhelming???? was there a warrant????
can he get a 'fair' trail with 12 IMPARTIAL jurors???
sorry but e should never be brought onto US soil, and tried in a civilian court....he should have a military tribunal, then a military hanging...period
btw I am a 9/11 survivor and lost friends and family that day
Got it. You want a trial with a predetermined outcome? You want to lower the amount of due process depending on who it is and what they are suspected of doing?
Location: In a Galaxy far, far away called Germany
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Not only does this creep wish harm on us, but now we have to foot his bill as he goes to trial? How is that justice? He pays with his life (good riddance) and we pay with our taxes, just so some smug ass can waive a banner of pretend-justice.
Nothing like this has ever been done before, of course there will be differences
While there are unique qualities to this case, as there are to every case, terrorists have been tried before in civilian courts, so there are precedents that will be followed, and precedents that will be set.
I feel deeply for the people who lost friends and family to 9/11, and who don't want KSM to be tried in civilian court. I can see that there were reasons to have him tried by military tribunal. I can also see that there were reasons to have him tried by civilian court. Compelling reasons on both sides.
I'm sure that AG Holder consulted with military lawyers and with the federal prosecutors that will be involved in this case, and considered the merits and drawbacks of both alternatives. He chose the civilian court path. Maybe he should have chosen the military path, but he did not.
However, many of the complaints about this choice really don't have legal merit. Both military prosecutors and civilian prosecutors seem to agree that the evidence against KSM is insurmountable. That evidence will be the crux of the case.
the meaning of life is not "fair trial" the meaning of life is justice. he killed them, unless he is certified nuts, time to execute him, not in 10 years--- now. do you know how long he would stay alive in the old country for this? he would be already dead. i love america i was born here but we gota real problem with justice and punishment we dont do it. that is why we have the highest prison population on earth.
One was a popular sports and entertainment figure, with a lot of supporters. Who always denied any involvement with the crime.
One is a self-admitted terrorist, who confessed, possibly under duress, to killing thousands of people to further a political agenda.
The only similarity is that, like OJ Simpson, KSM will be tried by a jury, and juries can be unpredictable. And that's true for EVERY jury trial, so the OJ Simpson trial has no real relevance, but was brought up purely for the emotional reaction it engenders.
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