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IWORD FOR MPRISONMENT WITHOUT TRIAL TRIAL
The trial by “military commissions” would also be a blatant violation of the Sixth Amendment's requirement of trial by jury of peers as well as its requirement that the “district shall have been previously ascertained by law.” In the case of the military tribunals, the district will be created eight years after the offense and specifically to get convictions in alleged crimes that occurred years earlier. An additional 30 Yemeni detainees were deemed to be eligible for repatriation to their home country when the Yemeni government stabilizes. The Task Force concluded that 126 detainees should be approved for repatriation to their home countries (of which 44 have already been released), 44 should be prosecuted (prosecution of six in federal court and six more in “military tribunals” has already been announced), and 48 are designated for indefinite detention without trial. The “unanimous” but blatantly unconstitutional precedent set by this ruling could mean that these other detainees - or anyone else the Obama administration detains - could also receive life imprisonment without trial under the Obama policy. government holds hundreds of other detainees at other prisons around the world, such as those at Bagram Air Force Base in Afghanistan (which has more detainees than Guantanamo). Of course, the 48 designated for life imprisonment without trial is only the beginning.
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. be deprived of life, liberty, or property, without due process of law.Īnd they also guaranteed an unqualified right to trial by jury in the Sixth Amendment to the U.S.
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Therefore, the Founding Fathers sought to require both due process of law for all those arrested in the Fifth Amendment to the U.S. The untrammeled power of government to throw people into prison without a trial by jury was a key grievance the Founding Fathers cited in their reason for separating from Britain, charging the British with “depriving us in many cases, of the benefit of trial by jury” in the Declaration of Independence. In other words, the Obama administration officials think the detainees might have committed a crime but can't be sure, or they are sure the detainees didn't commit a crime and want to keep them in prison for life anyway. Generally these detainees cannot be prosecuted because either there is presently insufficient admissible evidence to establish the detainee's guilt beyond a reasonable doubt in either a federal court or military commission, or the detainee's conduct does not constitute a chargeable offense in either a federal court or military commission. Most Guantanamo detainees have already languished in prison for eight years without trial, and the commission - consisting of officials from the intelligence, military, Defense, Homeland Security, State and Justice departments - concluded the following of the 48 detainees who would remain in prison without trial indefinitely: President Obama's Guantanamo Review Task Force has “unanimously” concluded that 48 detainees at Guantanamo should be detained indefinitely - in essence, a life sentence - without trial, including lifetime detention for some detainees who, the commission concluded, hadn't committed any crimes that “constitute a chargeable offense in either a federal court or military commission.” The Washington Post revealed May 28 that the Task Force decided to repatriate the majority of the 240 detainees they investigated, while other detainees should be tried in criminal court or by “military commissions” the Obama administration would reconstitute.