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18 November 2010
By Jacob G. Hornberger The statists are upset over the jury's verdict in
the federal court trial of former Guantanamo prisoner
Ahmed Khalfan Ghailani. After hearing and considering
all the evidence, the jury returned a verdict of
acquittal on 276 counts of murder and a verdict of
guilty on one single count of conspiracy. It's not enough for the statists that Ghailani
faces a potential life sentence on the conspiracy
count. To them, the fact that the jury failed to
return a verdict in which he would be facing 277
possible life sentences proves what a failure
America's federal criminal justice system under the
U.S. Constitution is. When a nation is mired in statism, sometimes it's
important to return to first principles. The purpose of a trial in a criminal justice system
is not to convict whomever the government accuses of a
crime. If that were its purpose, then what would be
the point of having a trial? All the government would
have to do is simply accuse and punish, without any
obstacles or impediments. The purpose of a trial is not even to determine if
an accused is guilty or innocent. Instead, its purpose
is to determine whether the government can provide
sufficient, competent evidence to convince a jury
beyond a reasonable doubt that a person has, in fact,
committed a criminal offense. Suppose John Robber commits an armed robbery of a
local church minister. The only evidence the state has
is the minister's word, but everyone knows that he is
an honest and credible person. On the day of trial,
the minister starts to take the witness stand to
testify that John Robber robbed him, but the minister
dies of a heart attack before he gets on the witness
stand. The state is left without any evidence at all
to convict John Robber. What happens? Under our criminal justice system
John Robber goes free. Since the state cannot prove
his guilt beyond a reasonable doubt, he walks out the
courtroom a free man, even though it is clear to
everyone that he committed the offense. That is what statists hate about our constitutional
system. They say: Punish John Robber anyway. Deep down, statists hate our jury system, they hate
our presumption of innocence, they hate our heavy
burden of proof placed on the state (i.e., beyond a
reasonable doubt), and they hate our exclusion of
incompetent evidence (e.g., confessions acquired by
torture) to convict a person. To the statist, all that should be needed to punish
a person is the state's accusation. That's all. Once
the state accuses a person of being a murderer, a
terrorist, a drug dealer, a robber, or a rapist, that
should be the end of the matter, according to the
statist. We just need to trust the state. After all, the
statist reminds us, the state is our daddy. It takes
care of us. It is our provider and our protector. It
provides our retirement, our children's education, our
health care, our jobs, our food, our housing, our
money, and our welfare. So, why shouldn't we just trust the paternalistic
state when it comes to protecting us from the bad
guys? Our daddy wouldn't let us down. He knows
everything. He knows a terrorist when he sees a
terrorist. After all, what do we need a trial for when it's
obvious that a person is a terrorist? Isn't that what
the statists are saying? Isn't that why they're
objecting to trials for the terrorists? How do they
know that the terrorists are terrorists, especially
without a trial? Because the government says they're
terrorists. For the statist, that's the end of the
matter. The Framers bequeathed us a system of criminal
justice that doesn't place faith in the state.
Instead, it says to the state: No matter how convinced
you are that a person has committed an offense, you
will have to prove it. And you'll have to use only
competent evidence to do it. And you'll have to
convince every single person on a jury beyond a
reasonable doubt that the person you're accusing
really is guilty of the offense. Haven't statists done enough damage to our country?
Look at what they've done to our nation with their
socialist, interventionist, and imperialist programs.
Look at what they've done to our economic,
educational, and monetary systems. Look at what
they've done to our civil liberties and privacy. Must
we permit them to destroy our criminal justice system
too? Jacob Hornberger is founder and president of The
Future of Freedom Foundation. |