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Old 03-04-2004, 05:12 PM   #2
Davros
Takhisis Follower
 

Join Date: January 7, 2001
Location: Mandurah, West Australia
Age: 62
Posts: 5,073
I am all for a fair trial and I am all for the convistion of the guilty. Some queries on due process TL that you might help me out with. If these same 2 were tried in a US court with the same evidence withheld do you think they would be convicted and the convictions stick (ie is the legal process likely to turn up any different result in the US - assuming all the emotion could be taken out of the cases). If the result would be different, why would that be? I guess I am assuming they would have equal access to the legal system but maybe they would betried in a military court as an enemy non-combatant.

One option for the Germans that might have stopped the appeal [img]smile.gif[/img] is telling the prisoners that if their own legal system couldn't convist them they would extradite them over to the US and let them have a go. They havethe detah penalty over there, so they might have dropped the appeals right there and then [img]smile.gif[/img] .

The other comment I would add on the sentence (and I admit I haven' seen the evidence or judgment) is that 15 years may not be unreasonable when you cannot accurately determine (by lack of evidence) a persons degree of culpability. They barely believed they had enough evidence to convict - hpw do you get to throw the book at them in that case.

I would have to ask why the US didn't make the guy available to give testimony. Surely there are enough options like video link-ups or even taking the trial to the US for a week?
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