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In February 2002, he introduced a bill that would have established a system of trials for suspected Al Qaeda detainees.
At Defense, the hastily drawn order must be translated into a system of trials that would not be invalidated by a Supreme Court.
"Criminal justice today," he observed, "is for the most part a system of pleas, not a system of trials".
"Criminal justice today is for the most part a system of pleas, not a system of trials," Justice Anthony M. Kennedy wrote for the majority.
Along with Richard J. Durbin, the Illinois Democrat, Specter introduced the Military Commission Procedures Act of 2002, which would have established a system of trials for the alleged Al Qaeda detainees, with defendants guaranteed, among other things, the presumption of innocence and the right to counsel.
One solution to this problem is to base selection on the most objective grounds possible, and there is no process more objective than the one favoured by the United States Olympic Committee - a system of trials in which athletes compete against each other for a place on the team.
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The law created a separate, substandard and clearly unconstitutional system of trial and punishment for foreigners.
"With Jury Duty, No Trial After All" [Opinion, Nov. 19] reflects the fact that the American system of trial by jury is unique.
The ancestor to the duel is the early medieval system of trial by ordeal – physical tests of endurance which determined guilt and innocence.
But the attack on our justice system by those philosophically opposed to the death penalty should be balanced by a recognition that our system of trial by jury and judicial review is just.
The government also argues at some length that its interests in reducing the process available to alleged enemy combatants are heightened by the practical difficulties that would accompany a system of trial-like process.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com