M
Matt25
Guest
Cestusdei advocated threatening bin Laden with death as a response to his supposed “Letter to America”. I think that responding to fire with fire is never going to be a victory for freedom, democracy, justice or Catholic values.I am not a lawyer, but this doesn’t sound right. He admitted to the crime of his own volition. We have evidence of the crime. That is all that is needed. Frankly, I think, for whatever reason, you are putting much more into this than need be.
I agree that he is guilty, and I am against the death penalty. But he is also an enemy combantant who is still out to cause us harm. If we have to kill him to stop him, so be it. It is justified.
Not sure what that has to do with this thread though.
journal.houseonahill.net/index.php/journal/entry/the-right-against-self-incrimination/
Code:
You may have come across the cliche in law practice that in order to convict an accused in a criminal case, the prosecution should rely on the strength of its own evidence and not on the weakness of the defense. That is the essence of the right against self-incrimination. Fishing expeditions, such as most Senate and Congressional inquiries, cannot be a substitute for the proper gathering of *real* evidence. In much the same way that the law frowns on convictions based purely on the accused’s confession. In other words, a man cannot be charged and convicted if all the prosecution has is the word of that man that he is indeed guilty.
Code:
Legally, the right against self-incrimination is meant to protect the individual against arbitrary prosecution and conviction. It mandates that the government (prosecution) do its job, and do it well, in order to bring a criminal to justice by making it clear that sloppy evidence will result in either a dismissal or an acquittal even if the accused admits his guilt.
There are a number of factors why it is difficult to gather sufficient evidence against a suspect. One, the suspect covered his tracks so well (Did someone say Marcos?) Two, the suspect is being protected by very powerful people. Three, the prosecution does not have the sufficient resources (manpower and financial) to do its work. Four, the prosecutors are incompetent. Fifth, the prosecutors have been corrupted by the suspect and his protectors