We Could Always Bring Back the Trial By Ordeal

New at Reason: How much potential is there for abuse of the popular "enemy combatant" designation? Jacob Sullum counts the ways.

Comments

[Anonymous]

Or we could bring back trial by fire. Or trial by water: If they float, they’re innocent; if they drown, well … tough titty on the kitty.

Same difference.

[Frenk]

I strive to maintain a balanced view and give GWB the benefit of the doubt. But this stuff about enemy combatants is just terrible. I mean, Jose Padilla et al ain’t exactly Webelos material, but they deserve a trial–a trial with all rights that an accused American citizen has.

[Scarlet]

Andy, “If they sank they were innocent … and if they floated they were … hung.”

Smart of ’em! That’s sorta like “Heads I win, Tails you loose,” ain’t it?

Those priests of the Middle Ages weren’t as stupid as we make ’em out to be. They’d get their witches no matter what.

[Andy]

Government sponsored assassinations, imprisonment without trial, invading other countries for no good reason… I think the US has lost any moral high ground it may once have held.

In trial by water I thought it was if they sank they were innocent, but tough, and if they floated they were guilty and were hung. I seem to remember it was the silliest possible way of doing it!