Tuesday, August 16, 2011
Which constitutional rights should and should not be guaranteed to non citizens suspected of being terrorists?
The Military Commission Act was ped in 2006. The law created a different system of trial and punishment for non-citizens who have been designated "unlawful enemy combatants" by the Executive Branch as part of the War on Terror." The Act among other things strips these individuals of the right to habeas corpus (the right of a detainee to challenge their imprisonment), limits their right to legal councel, does not grant a jury trial or a speedy trial, permits the use of hearsay evidence and coerced evidence (i.e. obtained through the use of torture), does not provide a right to remain silent or a presumption of innocence, and permits the use of clified (secret) evidence without having an obligation to show this evidence to the defendant beforehand.
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