Why Kerry Is WRONG!
via Vodkapundit, http://vodkapundit.com/archives/006943.php
The idea of 'prosecuting' terrorists, never made sense to me. I guess I needed a Harvard professor to spell out the details, an excerpt of the conclusion:
And criminal prosecutions are not a promising option. No one is willing to wait for a nuclear weapon to blow away an American city and then prosecute the conspirators who survived the blast. Nor does it make sense to devote massive resources to building cases for small-potatoes crimes that will put away would-be murderers for a year or two, after which they can resume their homicidal careers.
Perhaps that is why military and intelligence services have played such a large role in the war on terrorism. Some crime problems are intractable. Seen as a crime problem, terrorism is intractable too. It makes sense to redefine the problem, to look for other tools. This war needs to be fought by the Army and the CIA, not merely the Justice Department.
Therein lies the real problem with Kerry's comments. Kerry thinks America's seventy-year-long battle against the Mafia was a success story. He is wrong. Tolerating Mob bosses (which is what we did for most of those seventy years) was very costly. Tolerating terrorism -- or leaving it to police and prosecutors, which amounts to the same thing -- would be a disaster.
William J. Stuntz is a Professor at Harvard Law School.
The idea of 'prosecuting' terrorists, never made sense to me. I guess I needed a Harvard professor to spell out the details, an excerpt of the conclusion:
And criminal prosecutions are not a promising option. No one is willing to wait for a nuclear weapon to blow away an American city and then prosecute the conspirators who survived the blast. Nor does it make sense to devote massive resources to building cases for small-potatoes crimes that will put away would-be murderers for a year or two, after which they can resume their homicidal careers.
Perhaps that is why military and intelligence services have played such a large role in the war on terrorism. Some crime problems are intractable. Seen as a crime problem, terrorism is intractable too. It makes sense to redefine the problem, to look for other tools. This war needs to be fought by the Army and the CIA, not merely the Justice Department.
Therein lies the real problem with Kerry's comments. Kerry thinks America's seventy-year-long battle against the Mafia was a success story. He is wrong. Tolerating Mob bosses (which is what we did for most of those seventy years) was very costly. Tolerating terrorism -- or leaving it to police and prosecutors, which amounts to the same thing -- would be a disaster.
William J. Stuntz is a Professor at Harvard Law School.
posted by Am I Conservative or Lil' Libertarian? | 3:37 AM
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