Wednesday, September 22, 2004

 
Prosecutorial Negligence
Or: Kick one show's producers for me

Watched a bit "Law & Order" tonight. In brief, an Iraqi woman married to an American was prosecuted for the murder of a woman who had "humiliated" her brother at Abu Ghraib. Her brother was released, but subsequently killed by a bomb while "standing in line." She lured the former prison guard to a location in NYC and brought along pig's blood and a white tunic with which to desecrate her corpse. Then jury, nonetheless, brought out a verdict of second, rather than first, murder. Fred Thompson's character then blathered something to the crowd of reporters that the state was satisfied with the verdict.
The Iraqi's attorney played by Ron Silver(who has warned the public that opinions expressed by his characters are not necessarily his own)argued that Iraqis were as justified in murdering Americans as Americans would be in fighting Saddam Hussein's forces had he occupied New York. Sam Waterson, displaying all the backbone of the husband of Kathleen Turner's character of "Serial Mom," whimpered an argument to the jury that they should convict the Iraqi because "blood debts" lead to "chaos."
The prosecutor did not challenge the defence tactic of putting the slain ex-guard on trial. This ficitional character, presumably representing something like the United States on something like planet Earth, did a miserable, half-hearted job. He could have noted that Iraqis cheered the events of 9/11. And that Americans who hoped that they would be welcomed as one might be forgiven to expect after liberating the Iraqis from Saddam, were instead being slaughtered by enemies who wore no uniforms, murdered their military and civilian captives, and murdered those who aided our forces. And that very few Iraqis have lifted so much as a finger (or thanks to Saddam, a stump)to expose those Iraqi war criminals. He also did not note that Abu Ghraib had been frequently shelled. He could have noted all those "provocations"(a word used by the defence in "Breaker Morant")while still granting that the servicewoman was guilty of violating *our* laws. He could have asked why the Iraqi woman did not leave the comforts of our rich land to wreak vengeance on those who murdered, rather than humiliated, her brother.
We can accept, of course, that sometimes our legal system fails to convict or fully convict all criminals because this is the price of a civil society. It is absurd to use a legalistic approach to our enemies abroad, or that it be used by a friendly government fighting(sigh, well, sort of fighting)for its very survival against our enemies. The DA's basset hound face, hangdog demeanor(Arabs go with the "strong horse," of course, and don't think much of actual dogs, either)and downright dhimmitude could have hardly heartened our few friends in such real places as Dearborn or Baghdad.