Monday, December 15, 2003

Saddam Must Receive a Fair Trial

It is the responsibility of the US and the Coalition, whether we want it or not, to make sure that Saddam gets a fair trial. If there is any question of fairness, and there will be, then any verdict will be questionable.

In the US, lawyers would be asking for a change of venue because he couldn't get a fair trial where the crimes were committed. I can't imagine anywhere in the world that a jury of his peers could be paneled who could set aside their opinions and hear the facts with an unbiased mind.

"Fair" in this case has to be subjective. It's subject to the court he will be tried in. Iraqi courts are different than American courts. There are things required in our courts that are not in Iraq. The trial will be televised and, I predict, will be bigger than the OJ trial. We will see things that we, as Americans, will scream "Objection!" to, that are completely acceptable in Iraqi courts. Perry Mason and Matlock would be hard pressed to defend Saddam in Iraq unless they studied Iraqi courtroom procedures. In the courtroom, sometimes the procedures are as important, if not more so, than the law itself.

I spoke in another post about being "innocent until proven guilty." If you, my favorite reader, will remember, I explained that concept only applies to the judge and jury. They are required to judge the facts of the case and only the facts of the case with a open and unbiased mind. Everyone else in the world is allowed to prejudge the defendant.

I can't imagine a panel of jurors judging the case of The Iraqi People vs. Saddam Hussein. In the first place, I don't know if Iraqi courts even use the jury system. It's my understanding that in some countries, only judges hear cases; juries are non-existent. In the second place, I don't know if he will be tried in the Iraqi courts. He may be tried by a military tribunal - American, coalition, or Iraqi. War Crimes Tribunals are generally heard by a panel of judges. Military tribunals are heard by officers. A tribunal trial may be his best chance to get a fair trial.

In any case, whatever court hears the case has to be as fair as possible. I want the world to know that he received the fairest treatment possible. I don't want any country or person to say that he got less than a fair trial.

It's more than the men, women, and children of Iraq received under his dictatorship.

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