Non3 Case Study Example | Topics and Well Written Essays - 1500 words

Non3 - Case Study Example The justice system should be cautious when dealing with terrorism cases because most of them pose legal and practical challenges because they have no precedents. In some instances, the criminal justice system has been criticized because it is susceptible to errors such as being too fast or too slow or sometimes providing harsh or lenient punishments. The evolution of statues and courtroom procedures has exhibited a flexible justice system that can be able to deal with the rising unique case of terrorism. The rising cases of terrorism have given rise to the ethical and legal dilemma of whether to use federal courts or military tribunals. In the United States, jurisdiction of military commissions is limited to time of war and only offenses recognized under the law of war are tried. This poses challenges while using the commissions because given the complexity of terrorist activities, some offenses are not recognized under the law of war. Additionally, only aliens are permitted to be tr ied in accordance to the Military Commissions Act. The federal judiciary on the other hand, is a separate branch of the federal government, which is autonomous from the executive and legislative branches charged with the responsibility of interpreting law and deciding disputes that arise under it. Using the federal court has many advantages. Using the United States federal courts shows that United States takes its obligations seriously regarding the anti-terrorism conventions since it has always been at the forefront advocating for implementation of anti-terrorism conventions that requires states to prosecute terrorists in national courts. Using the federal courts guarantees use of the due process rights thus ensuring a fair trial. However, there are disadvantages of using the federal courts. Federal criminal trial of foreigners especially the Islamic terrorist could turn political leading to demonstrations against the United States which could cause security risk for the trial itse lf. The burden of proof in a terrorist trial is usually high and may hinder efforts to bring suspects to justice and this means that a suspect may get freedom more easily in a federal courtroom than in a foreign or international courtroom (Zabel & Benjamin, 2008). Incarceration of terrorist suspects has also raised a heated debate in the United States. Incarceration, which is mainly used as a punishment for a crime serves several purposes that include isolating criminals to prevent further crimes, punishing criminals, deterring others from committing the same crimes and rehabilitating the criminals. However, when suspects are incarcerated for long, it raises questions whether the rule of law is being applied effectively. This further puts doubt in delivery of justice because of the delays in delivering since access to justice is a mutually reinforcing component of the rule of law. States strive to implement the rule of law and therefore, more attention should be given towards achiev ing the rule of law. A poorly functioning justice system allows crime thus demeaning the essence of the rule of law. Progress in security, governance, economic development, and social well being are dependent on a good rule of law system, which is the foundation for economic and political success. The legal dilemma, which encompasses