0
idrankwhat

How low can the bar go?

Recommended Posts

Bill would allow hearsay in terror cases

WASHINGTON, July 26 (UPI) -- The Bush administration has drafted a bill that would allow hearsay evidence to be used in terrorism trials unless it was found to be "unreliable."

The 32-page bill would also allow the government to delay a trial and punishment "without limitations," hold defendants found not guilty until the end of hostilities, allow the government to exclude defendants from trials to prevent the suspects from hearing classified evidence against them, and allow for the admission of evidence obtained during interrogations where coercion was used, The New York Times reported Wednesday. However, the bill outlaws the use of "statements obtained by the use of torture."

The provision on hearsay, evidence in the form of statements a witness has heard but does not personally know to be true, would allow such statements to "be admissible if the military judge" rules that it has "probative value."

The legislation was being circulated this week to various military lawyers and legal experts, the Times said. If given final approval by the administration, the bill would need a member of Congress to bring it to the floor.

Share this post


Link to post
Share on other sites
My issue with this isn't the supposed "slippery slope", it's the two-way street it creates. :S

All the cool thinking to give a prosecutor an edge, and then it could just as easily bite them in the @ss... :|
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

Share this post


Link to post
Share on other sites
Its okay, if you haven't done anything wrong your rights aren't affected...if you are on trial you are obviously a terrorist and you shouldn't have any damn rights anyways....

(Obviously I am kidding, just making sure the pro-Bush crowd has something to rally behind:P)

Share this post


Link to post
Share on other sites
Quote

Its okay, if you haven't done anything wrong your rights aren't affected...if you are on trial you are obviously a terrorist and you shouldn't have any damn rights anyways....

(Obviously I am kidding, just making sure the pro-Bush crowd has something to rally behind:P)



Darn, and I was about to say, "You've been saved!! I'll vote for you..." :P:D
So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

Share this post


Link to post
Share on other sites
Hearsay evidence can already be used in military hearings to an extent. This is because of the logistics required in dealing with issues occurring on foreign soil. Calling a general home from Afghanistan to testify just isn't practical in many situations.

That said...I'm uncomfortable with this. Under the Constitution, it clearly states that an accused has a right to face his accuser. (6th amendment). In this era of technology, there's no reason to accept hearsay evidence beyond the classic hearsay exceptions allowable in civilian courts. We have teleconferencing technology. We should use it.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

0