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Old 06-25-2013, 04:49 PM  
Joe Obenberger
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Join Date: May 2003
Location: Chicago
Posts: 466
Quote:
Originally Posted by theking View Post
L am pretty much aware of all that you have stated and understand what you have stated...but I was being somewhat facetious...for as many people that I have heard complain about how the Patriot Act has trampled on their rights...and the amount of time that has passed...it just seems that every provision would have been challenged in court by now.

BTW what is your thinking about military courts compared to civilian courts.
The comparison between military courts and civilian courts is pretty complicated. While I was in the JAG Corps, young, idealistic, and without experience in civilian courts, I thought that the military system was monstrously unfair. Indeed, there are some elements that I still dislike about it. But, having seen the alternative, the criminal justice system as it works in Illinois and in federal courts, I see that the military system has some areas where it is better and fairer. Especially in the quality of legal defense services provided. I no longer think that the system of courts martial is terrible. Each system has plusses and minuses, somebody's calculus of fairness weighed against other interests, like cost and manpower, and differing ideas of decency and fairness. What I've learned from this is to master the rules and process and use every advantage in each system for the benefit of a client - and those benefits will be different from place to place - and to find ways around the disadvantages of each system. Maybe that's not a great answer but it's the best I can do.
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Extremism in the defense of Liberty is no vice. . . Restraint in the pursuit of Justice is no virtue.
Senator Barry Goldwater, 1964
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