Monday, April 22, 2013

Civilian Court is Draconian Enough for Terrorists

Draco was the first legislator of Ancient Greece. He wrote their legal code. It was considered "harsh" and "unforgiving."
The outcry to deprive people of rights when they are accused of a crime, even the crime of terrorism, is a new meme in our country. Senators, Congressmen, opinionated people on the Internet, all crying out at the injustice of refusing to toss out our core beliefs and principles so we can make some accused - but not yet convicted - terrorist of walk the plank (or ship out to Gitmo). When did we become a nation of vigilantes instead of a nation of laws?

Anyone who has ever dealt with the criminal justice system knows that it is inherently weighted in favor of the city/county/state/federal government investigating or prosecuting. They have resources that individuals don't. They have knowledge of the system that individuals don't. They have the discretion to effectively ruin your life simply by making an accusation. I promise you, there is no need for a tribunal that is more harsh, or more oppressive, more unforgiving than the one we currently have.


"Draconian" means "exceedingly harsh; very severe."  Our civilian criminal justice system is Draconian enough to handle terrorists.

In our system, you have the right to an attorney, but if you can't afford one, chances are you will be taking a plea bargain, whether guilty or not. And if you can afford one, you will probably be bankrupt by the time your case is over (unless you take a plea bargain).

You might even be acquitted, but once accused, you are forever branded. Do you think anyone charged with a terrorist act, or with child sex abuse, is ever able to fully recover, to convince people of their innocence?

This entire melodrama over Dzhokhar Tsarnaev being Mirandized or not, or being treated as an "enemy combatant" or a civilian charged with being a terrorist, is STUPID. I wish the media would treat this crap like the useless dreck it is instead of talking it up. History shows us that the system we have is more than capable of ending Dzhokhar's life (if he is convicted). But be honest: his life is ruined already.

I'm not saying this to be sympathetic. This isn't about Dzhokhar at all, or any other defendant. It never is. It is about us, and what we believe in, what we stand for, what rights we truly believe are "human rights." If we toss them aside in fear or anger, we are just another angry mob, a group of terrorists using a bureaucracy instead of a pressure cooker. We have gone down this path enough and we need to step back into the light.

Bad people do bad things. If we allow their bad acts to undermine who we are and what we stand for, they truly have destroyed America, regardless of the flag flying overhead. Bravery isn't showing how badass we are by torturing people or locking them away without due process. Bravery is sticking to your beliefs in the face of the very human temptation to be that badass.

Get Above Your Raisin', people, and cheer for justice done the proper way, respecting people's rights, including the right to remain silent, to have an attorney, and to confront one's accusers, testing evidence, and making damn sure we have the right person and sufficient evidence to convict. This process alone is a heavy weight for any defendant to bear. We don't need to make it worse to get justice.

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