Originally posted by Flubber
This one seems pretty simple-- If there is clearcut evidence, try him and hold him.
The more difficult scenario are the folks that you are "pretty sure" are terrorist but you don't have enough evidence for anywhere near "beyond reasonable doubt"-- Then you have competing interests of trying to protect your populace with the interest of not incarcerating innocent people for no reason.
In regular domestic situations we let the worst scummy gangbanger and drug lords go free if we don't have enough evidence. Sometimes I don't like that result but compared with the possibility of the state determining who to jail without any evidentary requirements I'll live with that result.
With terrorists, the result of making such a call could be hundreds or thousands dead . .. so jailing people without trial or hearing seems seductive, almost palatable. But it shouldn't be.
What all this highlights is the inadequacy of a court or criminal justice system to deal with what will likely be an ongoing, almost perpetual "state of war". These systems are not designed to deal with the likes of terrorism. I just don't know what model would work better
This one seems pretty simple-- If there is clearcut evidence, try him and hold him.
The more difficult scenario are the folks that you are "pretty sure" are terrorist but you don't have enough evidence for anywhere near "beyond reasonable doubt"-- Then you have competing interests of trying to protect your populace with the interest of not incarcerating innocent people for no reason.
In regular domestic situations we let the worst scummy gangbanger and drug lords go free if we don't have enough evidence. Sometimes I don't like that result but compared with the possibility of the state determining who to jail without any evidentary requirements I'll live with that result.
With terrorists, the result of making such a call could be hundreds or thousands dead . .. so jailing people without trial or hearing seems seductive, almost palatable. But it shouldn't be.
What all this highlights is the inadequacy of a court or criminal justice system to deal with what will likely be an ongoing, almost perpetual "state of war". These systems are not designed to deal with the likes of terrorism. I just don't know what model would work better
As things currently stands it seems they can jail as many as they like in this way and don't seem to have the slightest incentive to ever go the route of a formal trial ample evidence or no

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