Beyonder wrote:You're missing the point. If he was "clearly" involved in terrorist activities, then why not charge him and have him convicted, thus offering him his right to habeus corpus, and a fair/impartial trial as a U.S. citizen? What is the benefit to "countless lives" saved and the federal government to not give Padilla his right to be charged and stand trial? I'll answer for you: there is no benefit, not to Padilla, to the U.S. government, nor to innocent people. If Padilla is convicted, then he can be incarcerated. Same result. If he's innocent, then he can be released. To drive the point home: if he's truly guilty, then the U.S. government hasn't saved a single additional life by limiting Padilla's rights, and they've also hindered their credibility to combat terrorism, thus subjecting "countless lives" to potential peril.
You're not getting it. They couldn't allow him habeas corpus, because they considered he was holding valuable information, inside a prison, he would have been basically untouchable. By the count of charges, it seems he really was connected with Al'Qaida. They deliberately ran over his rights. I'm also pretty sure he was tortured, if not physically, then at least mentally.
If he is guilty, then it should be easily demonstrable in a court of law by bringing formal charges against Padilla, and convicting him.
The charges have been filed. I guess U.S intelligence has no more use for Padilla.
So unless you can think of an obvious benefit of illegally detaining someone, I don't understand how there has been any benefit to anyone regarding the way Padilla has been treated. It damages the U.S. government's ability to execute the war on terror, and does not "save countless lives" over the option of charging and trying him.
Well I cannot know, but I suspect that Padillas aprehension helped to prevent a terrorist attack, or at least it helped U.S officials to close in on a terrorist cell. It was done at the cost of Padillas rights.
So far, the only price of illegally detaining Padilla seems to be his sanity and the government's credibility.
Government's credibility? War against terrorism isn't a PR campaign. European socialist elite doesn't need excuses like Padilla to hate the USA, so nothing is lost. For the rest of us? It sends a message USA ain't doing any half measures.
You seem to think there's some benefit to the way Padilla is being treated, but it's absolutely non sequitur: if he's guilty, then let it be demonstrated, and let him be incarcerated. If not, he should be set free. In any event, it would result in Padilla not going insane, "countless lives" being saved, and the government not undermining their credibility.
The benefit doesn't lie in the way he is treated per se. It's the motives behind the treatment. His case is now in the court and he will most likely be sentenced shortly.
This same princible is what morally justified the use of atom bombs in Hiroshima and Nagasagi, great human tragedies, that served greater purpose in preventing even greater human tragedies. For me, the limit is a just one person. I'd trade a criminal for an innocent any day.
Again, this is totally besides the point. What you're advocating is more analogous to dropping a third or forth bomb on Japan to
really drive the point home (we won't even get into the discussion of whether or not the second bomb was needed).
It's easy to speculate, that the second bomb wasn't needed, when you have perfect hindsight.
Or another example of "extreme" punishment gone wrong within the context of a bastardized historical perspective would be the Versailles Treaty. The "punishment" did nothing but worsen an already exacerbated position.
I actually think this is a pretty good example. Although I don't think you can apply the same princible to a country, that can be applied to an individual. I think mankind has learned from their mistakes. That's why only Saddam was sentenced to death, instead of burdening Iraq with the same kind of unpayable debt France forced on Germany in the treaty of Versailles.
In any event, these historical comparisons are getting away from your idea that solitary confinement is a swell idea. What I'm arguing is that your proposed "correctional" methods are:
1. Contrary to what correctional experts suggest (and please: do find evidence contrary)
2. Likely to make things worse than better.
My argued idea of solitary confinement doens't exist in real world. You cannot draw conclusions from the current info on solitary confinement, because:
1. The solitary confinement used today is far more harsher then the one I propose.
2. Currently it is used as a further punishment in prisons. That means people sitting in solitary confinement already had problems to adjusting in the prison system and very likely already had mental problems. Saying solitary confinement makes things worse, is like saying prisons make people rob and steal.
You seem to think there's this obvious benefit to harsher punishments, which is what I'm contesting. Taking your "execution for parking illegally" example, do you agree that this policy would ultimately hurt society?
In this case, without a doubt. Like Jaganath said earlier punishment has to fit the crime.
That's the only point I'm making: just because a punishment is severe does not make it effective or practical.
Here's where you are wrong, it would be effective, but the practicality and sensibility can be questioned. Of course the severe punishments would be spared for only the severest of crimes, violent crimes.
...that's not what I'm saying. I'm saying that jail shouldn't be making criminals into hardened and/or insane criminals. Seems like your current plan is "hey, let's toss them in prison, drive them insane via solitary confinement, and then not allow them to be released because they're insane!" If you don't see the obvious conflict of interests with the overall welfare of society (i.e. not having correctional system spend obscene amounts of money jailing people, and not having people be made worse in prison), then we have little left to discuss.
Yeah I knew, what you meant from the beginning, I just answered to it with a bad joke.
The thing is that I don't really believe, that people who commit crimes ever truly change, therefore you'd be better just to keep them locked in forever, I'm talking about the violent ones. Today I read from the news, that a 22-y.o Somali was convicted here for 3 years and 9 months for commiting 4 rapes and for assaulting one guy who tried to help one of the victims. He commited the first rape just after he had been released from the prison where he had been serving 22 months sentence, also for rape (So I guess 11 months as a first timer). He was also ordered to pay damages to the victims, from 400 euros to 7000 euros. Personally, I think the 400 euros damages to a rape victim only adds to the insult, especially because she won't ever see even a cent of that money. I'm 100% sure, this guy will rape again when he is released.
I hold our lawsystem at least partially responsible for the fact that my country held the infamous #1 rank for murders per capita in European Union, before the Baltic countries joined in.