[Vision2020] Basic American Values

[Tom Hansen]

>From "Character Counts" at:

http://tinyurl.com/4ffy8h

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Basic American Values
By Michael Josephson

A foundational principle underlying the American legal system is “It’s 
better that 10 guilty men go free than one innocent person suffer.” Many 
provisions of the Constitution seek to prevent arbitrary detentions and 
unjust convictions.

Among them are prohibiting coercive interrogation and protecting the 
rights to a trial by jury, a speedy trial, attorney representation, 
witness cross-examination, and remaining silent. In addition, we require 
the government to prove a defendant’s guilt beyond a reasonable doubt.

This imposing array of prosecutorial hurdles is supplemented by habeas 
corpus, the right of every person to a court hearing to determine if 
confinement before trial is lawful. 

Sadly, our commitment to the values underlying these legal procedures 
failed to withstand public fear and anger generated by the attack on Pearl 
Harbor. Under the banner of national security, more than 100,000 people of 
Japanese ancestry were confined in internment camps for three years 
without any hearing.

This is an important context to understand the controversy surrounding the 
recent split decision of the Supreme Court to grant prisoners at 
Guantanamo Bay the right to a habeas corpus hearing to determine whether 
the government has legitimate grounds to continue their confinement.

There are valid legal arguments about the applicability of the 
Constitution in this case, but the root of the issue is an ethical 
question about what we believe and what we stand for. 

I hope we’ll have the courage to overcome our fears and stand by our 
historic commitment that every individual has the inherent right to be 
judged on facts, not fears, and evidence rather than suspicions.

This is Michael Josephson reminding you that character counts.

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho
 
"We're a town of about 23,000 with 10,000 college students. The college 
students are not very active in local elections (thank goodness!)."

- Dale Courtney (March 28, 2007)


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