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Old 06-18-2005, 03:17 PM   #696
sgtclub
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Join Date: Mar 2003
Location: Survivor Island
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Does the Holocaust Rule Apply

Quote:
Originally posted by Tyrone Slothrop
We got here from sebby's suggestion that non-citizens lack the rights that citizens possess. You don't seem to be arguing that anymore; it's not clear to me whether club is, since the distinction he's drawing between individual and constitutional rights is opaque to me.*
I'm drawing a distinction between human rights and constitutional rights. Non-citizens retain their human rights, but should not be entitled to rights under our constitution. Those human rights include the right to generally be free of torture, but do not necessarily include the right, for example, to a speedy trial.

So the Gitmo prisoners should not be tortured absent a really good reason to do so. But those same prisoners are not entitled to a jury of their peers and the government should not necessarily have the same proof standards as it would in a criminal action against a citizen.
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