Tuesday, April 14, 2009

Should the failed bomber from the Northwest flight to Detroit be given rights and tried under our Constitution

Should the failed bomber from the Northwest flight to Detroit be given rights and tried under our Constitution?
Should Mutallab be given rights as afforded under our Constitution and be tried like a common criminal, or should he be tried as an enemy combatant?
Law & Ethics - 5 Answers
Random Answers, Critics, Comments, Opinions :
1 :
He should be tried like the criminal he is. The shoe bomber Richard Reid was tried that way under Bush and I didn't hear a peep out of conservatives. He was convicted and is in a supermax prison. Now that Obama is in office they start whining...
2 :
I certainly hope so, as a Supreme Court Case in 2004 determined that even enemy combatants should be given due process rights.
3 :
He committed a crime in the US, and will be tried and convicted without a problem under regular US law. His situation is completely different from the Gitmo terrorists who were captured under arms in a foreign country. There are VERY severe doubts about the likelihood of obtaining their conviction under US law of a US crime. First is the problem of if what they did was even a violation of any US criminal law at all, given that it all took place overseas, and second is the problem that the evidence against them was gathered by soldiers and intelligence agents, not cops, and accordingly the strict rules governing chains of custody to preserve it's admissibility at trial may not have been followed. If the defense lawyers are able to point to a break in the chain of custody (Documents left in an unlocked APC while the soldiers fought a gun battle outside, to use one actual example) then any evidence that is affected may not be admissible in court. Richard
4 :
No. He should be arrested and executed on the spot. These people do not respect OUR constitution. so why should we expand ours to peotwct them? Kill the -- all of them!
5 :
He should be administered all constitutionally guaranteed due process prior to receiving his death sentence.

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