Free Essay

Terrorists Tried in Military Courts

In:

Submitted By pilotuh60
Words 397
Pages 2
Give your personal opinion in an essay response: "Should Suspected Terrorists Be Tried in Military Courts or Ordinary Criminal Courts?" Give your reasons for your opinion.
From a human-rights perspective, I believe it is perverse to reward alien mass murderers with the enhanced due process of civilian courts. This would afford them with the same rights as the Americans they kill. Our jihadist enemies are not entitled to the rights that U.S. Citizens are entitled to under our Constitution that was designed to protect our civilians.
Also, these terrorists plot their mayhem in their overseas hide-outs where American law does not apply and American law-enforcement cannot operate. I think there are terrible downsides to using the U.S. civilian justice system to prosecute our wartime enemies because of the above issues.
As a statutory matter, Congress has enacted military commissions for enemy combatants. But I think in many cases, they seem to be more lenient than federal courts. One case and point was when a military commission’s handling of Salim Hamdan, a bodyguard and confidant of Osama bin Laden. After years of helping the al-Qaeda chief run his network, Hamdan was captured in possession of missiles intended for use against American troops. Military prosecutors asked for a 30 year term. The commission instead, handed down a stunning five and a half year sentence that resulted in Hamdan’s release and repatriation, since he had already spent more than five years in custody.
In the news yesterday, Omar Khadr was transferred from the U.S. terrorist prison at Guantanamo Bay, Cuba to Canada. Omar Khadr is an Al-Qaeda terrorist who killed one American soldier and maimed another. In a military-commission proceeding, he was permitted to plead guilty in a deal that capped his sentence at a mere eight years. The agreement is what provided Khadr to be returned to his native Canada.

In Canada, the law is very favorable to convicts who commit their offenses as juveniles. Khadr, who is now 24, was 15 when he threw the fateful grenade. On Canadian soil, his incarceration will be governed by Canadian law, not the U.S. military-commission sentence. The likelihood is that the terrorist will be released in a year or two. He is an unrepentant jihadist who is plenty young enough for another decade or three of plotting against Americans.

Similar Documents

Free Essay

Army of God

...I have chosen to do my paper on the Army of God. This domestic terrorist group is against abortion. They are a US based Christian fundamentalist group. The Army of God encourages the use of brutality and violence against abortion clinics and homosexual groups of people. They choose to be a domestic terrorist group because they are against abortion and homosexuality. They are a highly into the Christian values and critical towards the government for not upholding or observing the Christian values. This group believes that abortion is murder and if you look up the Ten Commandments, number 6 states that you shall not murder. This terrorist group targets abortion clinics and gay or lesbian gathering places. Eric Robert Rudolph Eric Rudolph used the name Army of God in one of his bombings and police charged that he was probably persuaded by the group’s extreme right Christian identity. On July 29, 1988 Eric Rudolph admits to placing a bomb in an abortion clinic in Birmingham, Alabama. During this incident one security guard was killed and one staff member was injured. As quoted by Rudolph “I did not target them for who they were - but for what they did” (RUDOLPH, 2012). Rudolph believes that abortion is murder and also believes that deadly force is justified to stop abortion. Eric Rudolph was sentenced on July 18, 2005. He received life in prison without the possibility of parole. Rudolph pleaded guilty to attacks in Georgia and Atlanta to avoid the death penalty. This included...

Words: 962 - Pages: 4

Premium Essay

Habeas Corpus and Civil Liberties

...Habeas Corpus and Civil Liberties Rick Green POL 201 Professor Hass January 21, 2013 Habeas Corpus and Civil Liberties Imagine living life without the rights and liberties that Americans have always enjoyed. There are people all over the world that do not enjoy those rights that were cherished by the Framers of the United States Constitution. Some even say there are people under the jurisdiction of the United States that do not enjoy those rights. The War on Terror has brought a new debate to the forefront of American public discussion; what do we do with detained terrorists? Can the United States prove that they are terrorists? Are detainees afforded the same rights as American citizens and what role does the writ of habeas corpus play? The Supreme Court has decided on a few cases and has answered a few questions, but the debate still rages. Under the precedent set by Ex Parte Quirin and the Military Commissions Act of 2006, combatants captured in the War on Terror are unlawful combatants against the United States and therefore do not have the right of habeas corpus. To begin the argument on how habeas corpus and civil liberties relates to the War on Terror, we must first look at the history and the meaning of habeas corpus. Very simply defined, many people view the writ of habeas corpus, “as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers,” (Lobban & Paul, 2010, p.257). This simply...

Words: 3003 - Pages: 13

Premium Essay

Ex Parte Milligan Case Summary

...Invasion the public safety may require it.” during the Civil War, President Lincoln tried to lessen the amount of sympathizers of the South in the Union. He did this by suspending habeas corpus and allowing military trials to take place. Civilian Lambden Milligan was charged with conspiracy against the U.S. government by assisting the Confederates and inciting rebellion. He was tried and convicted in a military tribunal and was sentenced to death. He filed for a writ of habeas corpus. Since he was charged in the state of Indiana, he believed that his case should be held in civil court instead of military court under martial law. The Supreme court agreed with Milligan with a 9-0 vote. Therefore Milligan should have been tried by a jury of his peers instead of a military court....

Words: 567 - Pages: 3

Premium Essay

Help

...This man should be tried by the federal court. The Supreme Court of the United States has the highest federal court in the United States. It has final jurisdiction over all other courts in the nation. The congress found a solution to which was the Authorization for Use of Military Force or AUMF. This organization allowed the president to use all necessary and appropriate forces against any nations, organizations, or persons that plans, authorizes, commits, or aided in the September 11, 2001 attack. After this al Qaeda attack the president ordered the Armed Forces to Afghanistan to straighten out al Qaeda and control the Taliban regime. On September 11, 2001 approximately three thousand people were killed in those terrorist attacks. Yaser Esam Hamdi was born an American citizen in 1980 in Louisiana. He moved with family to Saudi Arabia while he was a child. By 2001 he resided in Afghanistan. He was seized by a military group who opposed the Taliban government and then was turned over to the United States military. After which he was transferred ultimately to Charleston, South Carolina. They want to detain him in the United States jail indefinitely. They however don’t have formal charges but in hopes to make the determination that access to counsel or further process is necessary. Hamdi’s father filed an habeas petition on his behalf alleging that the government was holding his son in violation of the fifth and fourteenth Amendments. He believed that the United States was not abiding...

Words: 545 - Pages: 3

Free Essay

Writ of Habeas Corpus

...September 24, 2012 Writ of Habeas Corpus Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman, 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why the liberty of that person is being taken away and to let the person know what they are being charged with. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint (http://www.slate.com). History of Habeas Corpus The history of Habeas Corpus is an ancient law that has been used since the middle ages. It appears to be predominately of Anglo-Saxon common law origin but the exact origins are not really known. Even though the origin of Habeas Corpus is unknown it has been used in Europe for centuries. Its principle that has been used since the middle ages by various writs (http://www.slate.com). Habeas Corpus has evolved and changed a bit over the years, but it has basically remained the same. Habeas Corpus states that a person who has been arrested or in custody be brought before a court. Habeas Corpus has been used in the United States since the beginning...

Words: 1905 - Pages: 8

Free Essay

Guantanamo

...station. That’s when we saw scrolling at the bottom of the screen, “Breaking News: THE UNITED STATES OF AMERICA HAD BEEN ATTACKED BY TERRORIST.” Some students were sitting in the classroom confused and afraid, some began to cry, some prayed, and some were silent. This was actually my first time fully understanding what terrorism was and what it looked like and I learned a lot of respect for the term “habeas corpus.” In this paper, I will discuss how habeas corpus came into existence, the case involving the detainees at Guantanamo Bay, and the revellance of habeas corpus with the commander-in-chief. Habeas corpus is an issued order of legal action for which unlawful detainees and prisoners can seek relief for unlawful imprisonment. (http://www.law.cornell.edu/wex/habeas_corpus ) Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization; which was signed by King John. He stated, "No man shall be arrested or imprisoned...except by the lawful judgment of his peers or by the law of the land.” (http://truth-out.org) The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free. (http://www.rutherford.org/constitutional ) One question that automatically pops up in my head is, why should terrorist be given the right to go to a U.S. courtroom and have a fair trial? Does it...

Words: 1196 - Pages: 5

Free Essay

The Jurisdiction of Rights Allotted to Prisoner of War

...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such as...

Words: 1937 - Pages: 8

Premium Essay

Kate Martin Summary

...serious threat to civil liberty. This speech addresses the offense of the adoption to preventative detention resulting in the secret imprisonment of Arabs and Muslims where there has been no evidence following that they are terrorists. Martin argues that such arrests are unethical in a democratic society. If the government were to implement targeted investigations that focused on actual terrorists activity, but respected the political and religious activity of citizens and non- citizens, it would result in a much more effective approach versus hundreds of secret arrests. Martin begins her speech by pointing out an observation she has made after the post 9/11 attacks. She notes that since September 11 there has been an enormous shift in the eyes of Washington D.C. It has now been made possible that nuclear devices could be set off in any American city bringing up the question and difficult responses of not knowing how to take action. If this event did occur the Bill of Rights could possibly be suspended. The argument could then be made that suspending the Bill of Rights would be an inappropriate and ineffective response to the event. There is now a huge responsibility on the United States government to prevent the terrorists attacks. Unfortunately, the United States is in a predicament to decide which liberties we are willing to give up for an enhanced measure of safety. Martin argues that this analysis of the situation is neither accurate or helpful...

Words: 1000 - Pages: 4

Free Essay

Free Primary Education

...Liberals  Believe in government action to achieve equal opportunity and equality for all.  It is the duty of the government to alleviate social ills and to protect civil liberties and individual and human rights.  Believe the role of the government should be to guarantee that no one is in need.  Liberal policies generally emphasize the need for the government to solve problems. Liberal. There is injustice still. But look at how much we've accomplished in the last 50 years. We just have to keep working at it. Both the liberal and the radical positions seek to make the infrastructure more effective in the equality of access to resources and rights. For Jeanne, the liberal sees many of the problems with the system and the injustice it produces. She wants to change the system to make it more just, more equal. She does not want to examine deeply those aspects of our culture that have not changed: such as "economic growth achieved by corporate politics." But she also fears that radical change brings chaos, and has a vested interest in the system that exists. Thus, she is less critical than a revolutionary, and more pleased with results that make the system just a little better. The liberal is more likely to see improvements in race, class, and gender issues, while still recognizing that much more needs to be done. Libertarianism view •          Variation of conservatism that believes government should be small and should play only the most minimal possible role in social life •         ...

Words: 1898 - Pages: 8

Free Essay

Terrorism

...Types of terrorist groups: Al-Shabaab- Somalia Al-Queida Tehrik e Taliban- Pakistan Jamaah Islamiyah Abu sayyaf Lashkar-e-tayiba Islamic Jihad union As sahab—al quaidas media wing connect with Adam Gadahn * released videos promoting lone ranger (individuals) to commit terrorists acts alone * use of weapons * Arabian Peninsula (al queida affiliate) uses a magazine to promote vehicle violence running over victoms * U.S born Anwar al-Awkali and Saudi born American citizen Samir Khan (died in Yemen air strike) Najibulla Zazi and Adnan el- shukrijumah – recruited Zazi for new york city subway bombing Small groups are harder to detect- less known bombing skills, formal organization, home grown plots, can travel out of state easily 2011- Colleen LaRose )Jihad Jane)—ability to blend in and travel to plan attacks 2010- David headley Gilani- guilty to attacks in 2008 in Mumbai, india, and newspaper for Copenhagen denmark. Radicalism- extreme beliefs Extremist- these beliefs lead to violent acts or terrorism Salafism Anwar al-Awlaki was a radical imam and key international charismatic figure in jihadist circles prior to being killed in a U.S. air strike in Yemen in September 2011. Awlaki allegedly served as a leader in the terrorist group known as Al Qaeda in the Arabian Peninsula (AQAP).57 He was a U.S. citizen born in New Mexico in 1971 and had been linked to a number of domestic jihadist plots.58 U.S. officials have said that he directed foreign...

Words: 895 - Pages: 4

Free Essay

Habeas Corpus

...Habeas Corpus POL 201 Instructor Burrus May 5th, 2014 Habeas Corpus Habeas Corpus has been around a very long time and has been very controversial as of late. With the war on terror and the many debates about the rights of said terrorists, it has become the spotlight amongst those who demand reform or better clarification of Habeas Corpus in terms of those deemed as enemies “without borders.” In this paper I hope to explain how Habeas Corpus came about as well as its historical purposes. Along those lines I hope to generally define the term/topic as well as how it protects civil liberties other than those aforementioned in this paragraph. Along with some specific examples and how it was suspended in certain scenarios, I will also analyze its relevance to terrorists, or those marked as enemy combatants. I will also shed some light on a few perspectives from scholarly resources. Habeas Corpus has been around since the 16th century back in England when there were still monarchies in power. It was created in order to get rid of what was called the “STAR chamber.” They were “controlled by the crown and held sessions in secret, meting out severe punishments.” (Funk & Wagnalls 2009) Habeas Corpus writs came about in 1641 due to unfair and unjust imprisonments in England. In America, we adopted habeas corpus from Europeans when we broke away in independence. It is a piece of our Constitution and is very clear to whom it applies to. The writ of Habeas Corpus was amended...

Words: 1887 - Pages: 8

Free Essay

Fifth Amendment

...The Fifth Amendment under Attack Angela Bordonaro POL 201 American National Government Instructor Matthew Szlapak July 21, 2012 Rasul V. Bush The Fifth Amendment is made up of five specific parts containing six different clauses. This Amendment’s best known clause is recited on every crime show on television it is where the Miranda warning is derived from. It is also the Amendment that guarantee’s a person indictment by a Grand jury. This Amendment gives us the assurance the justice is indeed blind, and everyone is entitled this justice. So what happens to people that do not fit into the framework of “blind justice”. This paper looks at the Fifth Amendment as it relates to Rasul V Bush. Fifth Amendment-Part 1 “No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment of indictment by the grand jury. Fifth Amendment-Part 2 “No person shall be subject for the same offence to be twice put in jeopardy of life or limb Fifth Amendment - Part 3 “No person shall be compelled in any criminal case to be a witness against himself” Fifth Amendment-Part 4 “No person shall be deprived of life, liberty, or property, without due process of law Rasul V. Bush The events of September 11 changed the United States forever. We had always been a nation proud to say on the world stage that we believed in humanity and the humane treatment of all. The events of that day brought out vengeance on a national level. We became a...

Words: 2080 - Pages: 9

Premium Essay

Civil Liberties

...Intro: After the terrorist attacks of September 11th, 2001, President Bush and Congress reacted quickly and within one week of the attacks had adopted a joint resolution that gave the President the authority to use military force against any group or individual that was deemed to have any association with the al Qaeda terrorist network; specifically, any group or individual across the globe who was suspected of helping to aid in the planning of the attacks on the United States was now subject to the policing of the United States government (Jackson, 2010). This resolution and vow by President Bush and Congress to take on the war against terrorism resulted in massive military, law enforcement, and intelligence missions being launched in the Middle East and around other parts of the globe. These military and policing efforts resulted in thousands of detentions of citizens and non-citizens as potential suspects, however, in many cases, individuals being detained did not have formal charges placed against them, and they were merely being held on "suspicion" (Jackson, 2010). The most prominent example of indefinite detention of individuals is seen at Guantanamo Bay Naval Base in Cuba (GITMO). This pattern of indefinite detention of individuals who in many cases have never been charged with a crime has led to a multitude of legal challenges as prisoners have attempted to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010)...

Words: 2111 - Pages: 9

Premium Essay

Civil Liberties

...Intro: After the terrorist attacks of September 11th, 2001, President Bush and Congress reacted quickly and within one week of the attacks had adopted a joint resolution that gave the President the authority to use military force against any group or individual that was deemed to have any association with the al Qaeda terrorist network; specifically, any group or individual across the globe who was suspected of helping to aid in the planning of the attacks on the United States was now subject to the policing of the United States government (Jackson, 2010). This resolution and vow by President Bush and Congress to take on the war against terrorism resulted in massive military, law enforcement, and intelligence missions being launched in the Middle East and around other parts of the globe. These military and policing efforts resulted in thousands of detentions of citizens and non-citizens as potential suspects, however, in many cases, individuals being detained did not have formal charges placed against them, and they were merely being held on "suspicion" (Jackson, 2010). The most prominent example of indefinite detention of individuals is seen at Guantanamo Bay Naval Base in Cuba (GITMO). This pattern of indefinite detention of individuals who in many cases have never been charged with a crime has led to a multitude of legal challenges as prisoners have attempted to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010)...

Words: 2111 - Pages: 9

Free Essay

November 17 Terrorist Group

...Assignment IR 6629 The Theory and Practice of International Relations NOVEMBER 17 TERRORIST GROUP INTRODUCTION: Terrorism has been one of the hottest topics in the current world affairs. The whole world is threatened by terrorist attacks of different types by different terrorist organizations. The terrorist groups have been using various strategies to pressurize the world to fulfill their demands. Their strategies include bomb blasts, murders, kidnapping and damage to property. Currently Al Qaeda is the most talked about Islamic terrorist organization that has changed the face of the world since September 11, 2001. The group has forced many countries to change their foreign policy. However to think that terrorists are always Muslims is wrong. There are a number of non Muslim terrorist organizations that are using destructive tactics to accomplish their goals. Among the non Islamic groups the most deadly terrorist organization is considered to be November 17 which has its bases in Greece. In this paper I aim to discuss the origins of the November 17 terrorist group. My reason for selecting this group is that it is interesting to know that the group has been declared the most deadly terrorist group in Europe despite the fact that it has a very small strength. I intend to discuss the aims, objectives, strength and strategies of this group. I will try to compare it with other non terrorist organizations in Greece seeking similar goals. I will discuss the reasons which have...

Words: 4699 - Pages: 19