No Due Process
Essay Preview: No Due Process
Report this essay
Not long ago the Korea Herald published a letter extolling the virtues of American justice as applied in the case of the two American soldiers who drove a military track vehicle over two Korean middle school girls, killing them. In comparing the American and Korean systems of justice, the writer suggested circumspectly that the American system, being more objective due to its emphasis on process, is superior. The premise of the argument was that if the judicial processes developed over time through planning and trial and error are followed, Americans see justice as having been done, without particular regard to the outcome, whereas Koreans first posit that damage has occurred and base their judgment of whether or not justice has been done on whether or not some reparation has been made. While not stated explicitly, the upshot of this is that Americans presume innocence and Koreans presume guilt. I agreed in many ways with the writers take on the American system, since it appeared to emphasize the role of the constitution and the rule of law but, having almost no knowledge the Korean legal system, I was skeptical of his conclusions, especially given the letters evident nationalist tinges, so it was with interest that I read another writers well-written and thoughtful, though overly emotional response which the paper published not long afterward.
Now, a few months later, the original, presumably American writers letter seems almost laughable in the face American policy. Where is the supposed regard for process, or, if you like, due process? I, an American (surprise!), have read some things that scare the Orwell out of me.
Using a predator drone, the United States military launched a missile that destroyed a carload of terrorists in Afghanistan. Fine. War on terrorism, etc. Maybe, if we try really hard, we can overlook the fact that we, the general public, have no way of knowing whether the people (PEOPLE) in the car were terrorists or wedding party-goers. It turns out, though, that an American citizen was killed in that very same car. In the same article in which I read of this high-tech car bombing, information cited as coming from the Bush administration stated that there was no constitutional issue surrounding the murder of this American. Why not? Because he was an enemy combatant. Therefore, apparently, he was not eligible for, did not deserve, the constitutional protection, the presumption of innocence, guaranteed by the United States Constitution–the same presumption of innocence afforded the American soldiers who ran over two Korean girls on a country road. Although no one knows for sure, I dont doubt that the girls deaths were accidental. Even most Koreans might admit that, despite their disappointment over the failure of the United States to promptly take full responsibility or offer an acceptable apology. The point is that on one hand we have American soldiers killing innocent girls and on the other we have American forces killing an American citizen who may or may not have ever been involved in actual combat. While this all has a kind of sick fairness–the US may let its soldiers off the hook for killing foreign civilians, but it also lets them kill American civilians–I have to wonder about the American who was killed. Where was his due process? What if I am