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What Constitutes a Fair Trial?

Walter1776 Wrote: May 12, 2012 8:03 AM
Prisoners of War are not criminals. That is why they are treated differently. They are held to keep them out of the war and are released after the war. These men are criminals and need to be brought to justice. Bringing them to justice includes a fair trial. A fair trial includes the protections of the Constitution. The Constitution does not protect only US citizens, it protects everyone. Even the Nazis were given fair trials.
shubi_ Wrote: May 12, 2012 8:13 AM
They are not common criminals and can be summarily executed by firing squad or any other means whenever we want. They do not get a fair trial and to do so violates every principle of justice we have and the Constitution.
Gilchrist Wrote: May 12, 2012 11:59 AM
"They are not common criminals and can be summarily executed by firing squad or any other means whenever we want"

Really? On what authority? Executing an individual IS a crime under the UCMJ, and any military individual is subject to arrest and courts martial for summarily executing someone. As pointed out by Walter1776, the Constitution does not protect only US citizens, but everyone subject to our jurisdiction. In as much as the terrorists are held by the American government, they are entitled to rights afforded by our Constitution regardless of where they are being held.

The trial of the alleged masterminds of 9/11, which began last week at the U.S. Naval Base in Guantanamo Bay, Cuba, will address some of the most profound issues of our era. Are natural rights truly inalienable, as Thomas Jefferson wrote in the Declaration of Independence, or can the government take them away from those it hates or fears? Does the Constitution protect the rights of all persons who come in contact with the government, or does it protect only certain Americans, as the government argues? Can the government deny a person due process by changing the rules retroactively, or...