@Cycloptichorn,
Our Criminal Justice System Is Not Appropriate For Terrorists
Crona and Richardson point out that for this type of crime, military tribunals, which are composed of a panel of trained military officers who serve as jury and judge, have many practical advantages over our criminal justice system, which was never designed to deal with war crimes or crimes against humanity. Such tribunals are more efficient, less costly, and more likely to provide swift and sure justice.
As examples, they cite the two criminal trials of the terrorists indicted in the 1993 bombing of the World Trade Center. The first trial required five months of testimony, 207 witnesses, and 1,003 exhibits " not to mention many days of legal arguments and four days of jury deliberations. The second trial, involving the remaining defendants, required over eight months, 200 witnesses, and hundreds of exhibits.
Most troublingly, however, such criminal trials placed the lives of the American citizens who serve as jurors, and their families, in jeopardy of harm from other terrorists. While jurors are purportedly anonymous, in fact they could easily end up living in fear, which would not be unfounded. Witnesses in such cases are, if necessary, placed in the federal witness protection program.
None of these problems exist with military tribunals. Trials without juries are always more efficient. And military officers have accepted the risk of personal harm as a concomitant of their work.
Our criminal justice system, which requires a unanimous finding of guilt beyond a reasonable doubt by twelve jurors, Crona and Richardson note, "is designed to err on the side of letting the guilty go free rather than convicting the innocent. However, when this nation is faced with terrorist attacks that inflict mass murder or hundreds of millions of dollars of damage in a single instance, we can no longer afford procedures that err so heavily on the side of freeing the guilty. Protection of society and the lives of thousands of potential victims becomes paramount."