New Model Of Justice: Conviction Without Proof Of 'Concrete Conduct' By Suspect

[babylonsister]

http://www.nytimes.com/2007/08/18/us/nationalspecial3/18legal.html?ex=1345089600&en=a8de43e765bbbca1&ei=5088&partner=rssnyt&emc=rss

Padilla Case Offers a New Model of Terrorism Trial


By ADAM LIPTAK
Published: August 18, 2007

There were two perfectly predictable schools of thought being expressed after the conviction of Jose Padilla on Thursday on terrorism-related charges. Supporters of the Bush administration said the conviction justified the more than three years Mr. Padilla spent in military detention before his criminal prosecution, while the administration’s opponents said the verdict proved that the criminal justice system should have handled the case in the first place.

But the real innovation in Mr. Padilla’s case, some legal experts said yesterday, was more subtle than those dueling talking points suggested. The Justice Department’s strategy in the trial itself, using a seldom-tested conspiracy law and relatively thin evidence, cemented a new prosecutorial model in terrorism cases.

The central charge against Mr. Padilla was that he conspired to murder, maim and kidnap people in a foreign country. The charge is a serious one, and it can carry a life sentence. But prosecutors needed to prove very little by way of concrete conduct to obtain a conviction under the law.

“There is no need to show any particular violent crime,” said Robert M. Chesney, a law professor at Wake Forest University and the author of a recent law review article on conspiracy charges in terrorism prosecutions. “You don’t have to specify the particular means used to carry out the crime.”

Indeed, the strongest piece of evidence in Mr. Padilla’s case was what prosecutors said was an application form Mr. Padilla filled out to attend a training camp run by Al Qaeda in Afghanistan in 2000.

“It is a pretty big leap between a mere indication of desire to attend a camp and a crystallized desire to kill, maim and kidnap,” said Peter S. Margulies, a law professor at Roger Williams University who has also written on conspiracy charges in terrorism prosecutions.

The conspiracy charge against Mr. Padilla, Professor Margulies continued, “is highly amorphous, and it basically allows someone to be found guilty for something that is one step away from a thought crime.”

more...

http://www.nytimes.com/2007/08/18/us/nationalspecial3/18legal.html?ex=1345089600&en=a8de43e765bbbca1&ei=5088&partner=rssnyt&emc=rss

[hobbit709]

1. We're all just "one step away from a thought crime"

Especially for my thoughts about this misadministration.

[Gman]

2. Legal wiretapping of US citizens, legal satellite surveillance of US citizens

flimsy burden of proof for conviction of conspiracy charges...

Sounds like the US government is getting ready for the second American Revolution in this country.

[tom_paine]

4. And yet, somehow I think they have little to worry about

At least until the House of Cards economy crashes or gas reaches $8.00 a gallon or an NBC "terrorist" attack, God Forbid (by which I mean MIHOP/LIHOP by Royal Bushies).

Even then, the Royal Bushies have a plan for their Loyal Bushies. To futher whip up their anger and cultish minds at their New Circumstance at those who are responsible: Liberals, Homosexuals, Brown People (Jews won't be mentioned because, well, someone might notice what this all resembles), people hwo oppose Bushler and the Republic Party.

And it will work, at least for a time.

Haven't you noticed? It ALWAYS works (at least for a time).

And I see nothing in myself or my fellow Imperial Subjects of Amerika to suggest that we have it in us to replicate 1776.

We will, however be able replicate Lebanon 1975 if somehow something really gets going, which it won't most likely.

Most likely, Imperial America in 2050 will be like Soviet Russia in 1970, with some different details and probably not as much overt state-sanctioned murder.

[Gman]

6. I think you have it exactly right

Lebanon 1975 at best. All empires end eventually. America will be no different, having rotted from the inside out.

[L. Coyote]

3. BUSH and CHENEY "conspired to murder, maim and kidnap people in a foreign country."

And they are not just "one step away from a thought crime.”

[Solly Mack]

5. ...

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