Thoughts on Jose Padilla Verdict
I was out of town today and missed the verdict. Since getting home, the news is all about the miners in Utah. So without benefit of having seen live coverage or later analysis, first let me say I agree with TChris:
Whether or not the verdict is correct, the prosecution proves that violations of the law can be addressed in criminal courts. It was never necessary to treat Padilla as an "enemy combatant" or to attempt to deny his right to a jury and to all the other rights that should attend a criminal prosecution.
Now, let me add: I'm dismayed that a jury would come back with a guilty verdict after a day and a half of deliberation in a trial where the evidence took three months to present.
It took 12 Miami-Dade jurors just 11 hours to reach their unanimous verdicts, despite a complex body of evidence that included hundreds of FBI phone wiretaps introduced during the three-month federal trial.
It takes longer than that to comprehend the jury instructions. The instructions in Padilla's case were 42 pages long and are available here (pdf). The jury's job is to determine whether the government has proved each and every element of the charged crimes against each defendant. The elements of the crimes are contained in the jury instructions. They are to apply the law as given in the instructions to the evidence presented at trial.
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