I'm responding to a short class discussion in a criminal law class:
The topic was as the title states. I just wrote this up and got to thinking what some of you think about the topic. It is a much debated one, to say the least. Gitmo brings up some issues; but, so does the fact that the 'suspected terrorists' also want my family to burn with fire!
We cannot take a serious stand for our nation and not counter aggressors against our nation with a simple process of law. Simply adding another prisoner to our cells will not stop the ingress of terrorism towards our nation.
The argument that each jihadist detainee is under the umbrella of our system of justice automatically upon arrest or surrender, is a false one. They are not immigrated, naturalized or free born citizens. Their interests lie in the very destruction of our nation as a whole; and, they are willing to trade their own lives for ours---quid pro quo.
There must be a stopping point. How can we automatically draw in a terrorist, who desires to bomb our nations capital, taking him into the criminal justice and ‘hope’ that he decides to do the right thing and confess his plan of mayhem?
The assumption is a naïve one at best. At worst, the terrorists’ lawyer can offer the terrorist a way to fight the system. Torture, extracting information with the purpose of saving lives and fighting against the cell of terrorists, provides that medium.
Simply eliminating our nation’s protectors or the sheepdogs that provide a barrier of protection for the sheep will not benefit us. How, if desperate information is needed in a desperate time frame are we to obtain such information if we wait for due process?
I think the major areas that can be addressed about the processes of interrogation, if they must be addressed, could be in the areas of regulation. As judicial studies way in the balance the viable idea of torture versus due process; so should we look into ways of more closely adhering to the Geneva Conventions policies and seek more humane ways of interrogation.
As mentioned, the CIA has found that the threat of coercion often leads to compliance; new and more humane ways can be sought. If the United States is to continue life as a free nation, sovereign and unique, it will have to continue improving, but not give up that sovereignty and right to defend itself.
The topic was as the title states. I just wrote this up and got to thinking what some of you think about the topic. It is a much debated one, to say the least. Gitmo brings up some issues; but, so does the fact that the 'suspected terrorists' also want my family to burn with fire!
9/11 changed thing.
We cannot take a serious stand for our nation and not counter aggressors against our nation with a simple process of law. Simply adding another prisoner to our cells will not stop the ingress of terrorism towards our nation.
The argument that each jihadist detainee is under the umbrella of our system of justice automatically upon arrest or surrender, is a false one. They are not immigrated, naturalized or free born citizens. Their interests lie in the very destruction of our nation as a whole; and, they are willing to trade their own lives for ours---quid pro quo.
There must be a stopping point. How can we automatically draw in a terrorist, who desires to bomb our nations capital, taking him into the criminal justice and ‘hope’ that he decides to do the right thing and confess his plan of mayhem?
The assumption is a naïve one at best. At worst, the terrorists’ lawyer can offer the terrorist a way to fight the system. Torture, extracting information with the purpose of saving lives and fighting against the cell of terrorists, provides that medium.
Simply eliminating our nation’s protectors or the sheepdogs that provide a barrier of protection for the sheep will not benefit us. How, if desperate information is needed in a desperate time frame are we to obtain such information if we wait for due process?
I think the major areas that can be addressed about the processes of interrogation, if they must be addressed, could be in the areas of regulation. As judicial studies way in the balance the viable idea of torture versus due process; so should we look into ways of more closely adhering to the Geneva Conventions policies and seek more humane ways of interrogation.
As mentioned, the CIA has found that the threat of coercion often leads to compliance; new and more humane ways can be sought. If the United States is to continue life as a free nation, sovereign and unique, it will have to continue improving, but not give up that sovereignty and right to defend itself.
