Page 6 of 44 FirstFirst ... 4567816 ... LastLast
Results 51 to 60 of 440

Thread: New York trial for alleged 9/11 mastermind

  1. #51
    Guru
    Crunch's Avatar
    Join Date
    Mar 2009
    Last Seen
    12-21-10 @ 05:24 PM
    Gender
    Lean
    Conservative
    Posts
    4,063

    Re: New York trial for alleged 9/11 mastermind

    Hmmmmmmm.....

    Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, guaranteed by the Sixth Amendment, is intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial.[citation needed] Violations of the principle, such as where the state has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case.

    In the United States, the length of time can either be defined by statute (for example, in New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law without regard to the merits of the case), or determined by a court under a substantive theory based on the Sixth Amendment; which states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..." This argument is typically made in cases in which a significant amount of time has lapsed between the date of the commission of the crime and the date of arrest.

    Most, if not all, statutes defining the period of speedy trial time also include various exceptions to this rule. Examples of such exceptions are periods of time in which the delay preceding the trial is due to the request of the defense, or if there is good cause shown for the delay.
    [ame=http://en.wikipedia.org/wiki/Speedy_trial]Speedy trial - Wikipedia, the free encyclopedia[/ame]

    What is a "Speedy" Trial?

    A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays. In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.
    Right to a Speedy Jury Trial - Criminal Law

    628 Speedy Trial Act of 1974
    Title I of the Speedy Trial Act of 1974, 88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, is set forth in 18 U.S.C. §§ 3161-3174. The Act establishes time limits for completing the various stages of a federal criminal prosecution. The information or indictment must be filed within 30 days from the date of arrest or service of the summons. 18 U.S.C. § 3161(b). Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 18 U.S.C. § 3161(c)(1).
    Criminal Resource Manual 628 Speedy Trial Act of 1974

    Looks like someone here flunked law school.

  2. #52
    Sage

    Join Date
    Oct 2009
    Location
    Undisclosed
    Last Seen
    03-18-13 @ 02:59 PM
    Lean
    Other
    Posts
    5,544

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by Crunch View Post
    Hmmmmmmm.....

    Looks like someone here flunked law school.
    Wasn't me. I can prove it.

  3. #53
    Girthless
    RightinNYC's Avatar
    Join Date
    Mar 2005
    Location
    New York, NY
    Last Seen
    01-23-11 @ 11:56 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    25,894

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by Agent Ferris View Post
    Oh ya prove it, the entire point of the right to a speedy trial is to prevent lengthy incarceration prior to a trial, it starts once the suspect is detained and infact in some instances kicks in at the point of the commission of the crime itself.
    The sixth amendment right to a speedy trial does not attach until indictment in cases like this. This is exactly what happened with Jose Padilla's trial.

    The reason why the Padilla trial will provide no resolution of this fundamental question is simple enough: Federal district judge Marcia Cooke, who is presiding over the trial of Padilla and his two co-defendants, has made clear over a series of pre-trial rulings that Padilla’s military detention is completely irrelevant for purposes of his criminal trial, so long as the government does not introduce any evidence obtained in conjunction with that detention. All too willing to comply, the government itself has embraced this bifurcated understanding of Padilla’s confinement, going so far as to argue that the Justice Department cannot be held responsible for any unlawful actions of the Department of Defense — that the right hand simply can’t be called to account for the actions of the left.

    Legally, Judge Cooke may well be correct. The government is not attempting to introduce evidence obtained from Padilla during his 1307-day stay in a South Carolina Navy brig, and so the question whether that detention (or any of the government’s actions toward Padilla during it) was unlawful would not seem to implicate any aspect of the criminal charges Padilla now faces. In effect, then, the criminal case against Padilla has proceeded upon the theory that his “incarceration” began the day he was transferred to the custody of the Department of Justice in January 2006.
    JURIST - Forum: The Anticlimactic Trial of Jose Padilla

    For the last few months, Jose Padilla's lawyers and prosecutors have been fighting over what should happen at Padilla's trial. He's charged with supporting terrorism. His attorneys don't think he should have a trial at all. They told the court in Florida that the deadline for a speedy trial has long since passed, and they say Padilla was consistently tortured for nearly the entire three years and eight months of his detention. They say that alone is enough reason to throw the case out.

    Yesterday, the government fired back. They said, as for the speedy trial, the clock starts ticking from Padilla's indictment in 2005, not his detention three years earlier.
    Government Rejects Suspected Terrorist's Speedy Trial Claim : NPR

    The government won on that issue in that case and they'll win on it again here. It's not a close question.

    Ya that was pretty crazy as it directly led to the 9-11 attacks because due to the trial of Ramzi Yousef, Operation Able Danger was not able to contact the FBI with pertinent information regarding the 9-11 attackers.
    Explain exactly how you think this played out.

    Quote Originally Posted by Albert Di Salvo View Post
    Have you ever tried a criminal case in US District Court? If not, how do you know the things you aver?
    I've tried criminal cases in city courts via a student practice order and have worked on several criminal cases from the defense side in the SD and ED of NY. Not sure what that has to do with anything though, as the things I stated would have been just as true even if I'd never set foot in a courtroom.

    Quote Originally Posted by Crunch
    Hmmmmmmm.....

    Looks like someone here flunked law school.
    Great point! Now just show me the date on which Khalid Sheikh Mohammed was arrested or served with a criminal summons.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  4. #54
    Guru
    Crunch's Avatar
    Join Date
    Mar 2009
    Last Seen
    12-21-10 @ 05:24 PM
    Gender
    Lean
    Conservative
    Posts
    4,063

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by Albert Di Salvo View Post
    Wasn't me. I can prove it.
    Does that mean you passed?.... or didn't go.

  5. #55
    Guru
    Crunch's Avatar
    Join Date
    Mar 2009
    Last Seen
    12-21-10 @ 05:24 PM
    Gender
    Lean
    Conservative
    Posts
    4,063

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by RightinNYC View Post



    Great point! Now just show me the date on which Khalid Sheikh Mohammed was arrested or served with a criminal summons.
    Not sure what day he was "detained", but you can bet his lawyers will maintain that was the day he was arrested.

  6. #56
    Girthless
    RightinNYC's Avatar
    Join Date
    Mar 2005
    Location
    New York, NY
    Last Seen
    01-23-11 @ 11:56 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    25,894

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by Crunch View Post
    Not sure what day he was "detained", but you can bet his lawyers will maintain that was the day he was arrested.
    And they will lose on that point, just like they did in the Jose Padilla trial where his attorneys argued the exact same thing.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  7. #57
    Guru
    Crunch's Avatar
    Join Date
    Mar 2009
    Last Seen
    12-21-10 @ 05:24 PM
    Gender
    Lean
    Conservative
    Posts
    4,063

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by RightinNYC View Post
    And they will lose on that point, just like they did in the Jose Padilla trial where his attorneys argued the exact same thing.
    Sure hope you are right... it could get real ugly if you are not.

  8. #58
    Sage

    Join Date
    Oct 2009
    Location
    Undisclosed
    Last Seen
    03-18-13 @ 02:59 PM
    Lean
    Other
    Posts
    5,544

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by RightinNYC View Post
    ....
    I've tried criminal cases in city courts via a student practice order and have worked on several criminal cases from the defense side in the SD and ED of NY. Not sure what that has to do with anything though, as the things I stated would have been just as true even if I'd never set foot in a courtroom.
    ....
    Lawyers are a dime a dozen aren't they.

    Counselor, in US District Court criminal defendants have an absolute right to see the evidence to be used against them. That means the Govt. will have to pick and choose what evidence to use because defense counsel will have a complete opportunity to evaluate it. While the District Court can place protective orders or limitations on the viewing or disclosure of particular items of evidence, non-disclosure of the evidence depends on defense counsel. As a practical matter the loyalty of defense counsel must be to the defendant. As such the information gained by defense counsel will be used as leverage against the Govt. and for his or her client. That's just good advocacy.

    The choice of US District Court (SDNY) is as much a political decision as a legal decision. Please remember that it will be at least five years before these trials are over. Obama throws a sop to his base. There may be convictions on some charges, eg., jaywalking (jk), but there is no certainty that the Gitmo Five will be convicted on the primary charges. The exclusionary rule and fruit of the poisonous tree doctrine create tremendous evidentiary uncertainty.

    Anyway, you sound really smart. Good luck in your career.

  9. #59
    Girthless
    RightinNYC's Avatar
    Join Date
    Mar 2005
    Location
    New York, NY
    Last Seen
    01-23-11 @ 11:56 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    25,894

    Re: New York trial for alleged 9/11 mastermind

    Quote Originally Posted by Crunch View Post
    Sure hope you are right... it could get real ugly if you are not.
    If AG Holder thought that there was even a one in a thousand chance that these people would be acquitted, he would have never allowed this to go forward in the federal court system.

    Hell, even if they were somehow acquitted, that doesn't mean that Obama wouldn't simply exercise his "post-acquittal detention power" to keep them in custody anyway.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  10. #60
    Banned
    Join Date
    Sep 2005
    Location
    Chicago
    Last Seen
    04-02-15 @ 06:08 PM
    Gender
    Lean
    Libertarian
    Posts
    8,211

    Re: New York trial for alleged 9/11 mastermind

    This trial is a giant waste of time and money; money we do not have.

    He's already confessed to the crime and welcomes the death penalty. Do we really need to spend hundreds of millions of dollars in order to have some silly show trial? Just blindfold the ****er and shoot him in the head.

Page 6 of 44 FirstFirst ... 4567816 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •