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	<title>Comments on: &#8220;America, You Lost!&#8221;</title>
	<atom:link href="http://www.concurringopinions.com/archives/2006/05/america_you_los.html/feed" rel="self" type="application/rss+xml" />
	<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: yclipse</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59202</link>
		<dc:creator>yclipse</dc:creator>
		<pubDate>Fri, 05 May 2006 01:06:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59202</guid>
		<description>For a fanatic who wanted martyrdom, denying it to him may be the best punishment.

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		<content:encoded><![CDATA[<p>For a fanatic who wanted martyrdom, denying it to him may be the best punishment.</p>
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		<title>By: Ken Arromdee</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59201</link>
		<dc:creator>Ken Arromdee</dc:creator>
		<pubDate>Thu, 04 May 2006 18:05:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59201</guid>
		<description>&lt;i&gt;Perhaps Podhoretz simply doesn&#039;t think it&#039;s a justifiable reason for a juror to make this choice because they think that instead of getting a quick way out by a nice cosy lethal injection, Moussaoui should instead endure the rough justice that I imagine will be meted out out to him by the prison population daily for the rest of his life, while guards turn an appreciatively blind eye to the prisoners&#039; activities. I think it is naive for anyone to think that Moussaoui has gotten off easily.&lt;/i&gt;

He&#039;s going to a Supermax.  No other prisoners to meet with.

And if he does get transfered to a prison where he can interact with other prisoners, he&#039;s probably going to be on the top.  There&#039;s lots of Islamic extremism in prisons today, for one thing.  The other prisoners might consider him a hero.  Likewise, the prisoners who get raped are the weak ones, not the ones who deserve it.

Since he isn&#039;t being executed, we also have to worry about other groups taking hostages in order to force the US to release him.

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		<content:encoded><![CDATA[<p><i>Perhaps Podhoretz simply doesn&#8217;t think it&#8217;s a justifiable reason for a juror to make this choice because they think that instead of getting a quick way out by a nice cosy lethal injection, Moussaoui should instead endure the rough justice that I imagine will be meted out out to him by the prison population daily for the rest of his life, while guards turn an appreciatively blind eye to the prisoners&#8217; activities. I think it is naive for anyone to think that Moussaoui has gotten off easily.</i></p>
<p>He&#8217;s going to a Supermax.  No other prisoners to meet with.</p>
<p>And if he does get transfered to a prison where he can interact with other prisoners, he&#8217;s probably going to be on the top.  There&#8217;s lots of Islamic extremism in prisons today, for one thing.  The other prisoners might consider him a hero.  Likewise, the prisoners who get raped are the weak ones, not the ones who deserve it.</p>
<p>Since he isn&#8217;t being executed, we also have to worry about other groups taking hostages in order to force the US to release him.</p>
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		<title>By: Paul Gowder</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59200</link>
		<dc:creator>Paul Gowder</dc:creator>
		<pubDate>Thu, 04 May 2006 17:33:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59200</guid>
		<description>I think the real idiocy is taking anything Podhoertz says seriously.

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		<content:encoded><![CDATA[<p>I think the real idiocy is taking anything Podhoertz says seriously.</p>
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		<title>By: David S. Cohen</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59199</link>
		<dc:creator>David S. Cohen</dc:creator>
		<pubDate>Thu, 04 May 2006 17:14:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59199</guid>
		<description>I actually thought the jurors sounded quite intelligent in their parsing of the mitigating factors.

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		<content:encoded><![CDATA[<p>I actually thought the jurors sounded quite intelligent in their parsing of the mitigating factors.</p>
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		<title>By: Simon</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59198</link>
		<dc:creator>Simon</dc:creator>
		<pubDate>Thu, 04 May 2006 04:08:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59198</guid>
		<description>Perhaps Podhoretz simply doesn&#039;t think it&#039;s a justifiable reason for a juror to make this choice because they think that instead of getting a quick way out by a nice cosy lethal injection, Moussaoui should instead endure the rough justice that I imagine will be meted out out to him by the prison population daily for the rest of his life, while guards turn an appreciatively blind eye to the prisoners&#039; activities. I think it is naive for anyone to think that Moussaoui has gotten off easily.

Or perhaps, more charitably, the jury didn&#039;t feel like making a martyr out of him? Such sentimentality, I think, is misplaced, but it might be understandable.

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		<content:encoded><![CDATA[<p>Perhaps Podhoretz simply doesn&#8217;t think it&#8217;s a justifiable reason for a juror to make this choice because they think that instead of getting a quick way out by a nice cosy lethal injection, Moussaoui should instead endure the rough justice that I imagine will be meted out out to him by the prison population daily for the rest of his life, while guards turn an appreciatively blind eye to the prisoners&#8217; activities. I think it is naive for anyone to think that Moussaoui has gotten off easily.</p>
<p>Or perhaps, more charitably, the jury didn&#8217;t feel like making a martyr out of him? Such sentimentality, I think, is misplaced, but it might be understandable.</p>
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		<title>By: John Armstrong</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59197</link>
		<dc:creator>John Armstrong</dc:creator>
		<pubDate>Thu, 04 May 2006 02:04:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59197</guid>
		<description>Three moral idiots out of the jury.  Didn&#039;t the prosecutors have some sort of influence on jury selection?  What sort of idiot is it who allows a moral idiot onto a jury? &lt;/sarcasm&gt;

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		<content:encoded><![CDATA[<p>Three moral idiots out of the jury.  Didn&#8217;t the prosecutors have some sort of influence on jury selection?  What sort of idiot is it who allows a moral idiot onto a jury? &lt;/sarcasm&gt;</p>
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		<title>By: Bruce</title>
		<link>http://www.concurringopinions.com/archives/2006/05/america_you_los.html/comment-page-1#comment-59196</link>
		<dc:creator>Bruce</dc:creator>
		<pubDate>Thu, 04 May 2006 01:57:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2006/05/america-you-lost.html#comment-59196</guid>
		<description>I&#039;ve got to wonder why we should bother going through the motions of reading &quot;The Corner.&quot;

Podhoretz seems to have missed that the guilt phase is over.  This was the penalty phase.  The question wasn&#039;t whether there was a &quot;mitigating circumstance regarding Moussaoui&#039;s actual guilt&quot; (a/k/a reasonable doubt?), it was whether he deserved the death penalty for the crime he was found guilty of.

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		<content:encoded><![CDATA[<p>I&#8217;ve got to wonder why we should bother going through the motions of reading &#8220;The Corner.&#8221;</p>
<p>Podhoretz seems to have missed that the guilt phase is over.  This was the penalty phase.  The question wasn&#8217;t whether there was a &#8220;mitigating circumstance regarding Moussaoui&#8217;s actual guilt&#8221; (a/k/a reasonable doubt?), it was whether he deserved the death penalty for the crime he was found guilty of.</p>
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