Thursday, April 10, 2008

How Trials Operate in the New Torture Regime

What purpose does a trial serve when it's conducted by a state claiming the power to torture confessions from a suspect, or "evidence" from a witness?

Obviously, an exercise of this kind isn't carried out in the interest of establishing the truth beyond a reasonable doubt: Torture is a very effective means of compelling someone to submit to an official story, but entirely unreliable as a method of learning the truth. Thus it follows that a legal system in which torture is practiced is devoted to protecting and glorifying a ruling elite than in pursuing justice in any sense of the expression.

In the Military Commission system created by the Bush Regime, "evidence" can be obtained through torture -- whether in the form of testimony or confessions. The prosecution is permitted to introduce sealed evidence, and to insulate "expert" witnesses from impeachment by the defense. Defendants are presumed guilty; indeed, the entire exercise is defined by the assumption that those tried in such forums are guilty by definition, the "worst of the worst." With guilty verdicts a foreordained conclusion, the default sentence is death.
 
 

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