Aberjhani Quotes
Many may very well continue to ask why more value is placed on technicalities of a law than on a man's flesh and blood life, especially when there is any amount of "doubt" at all regarding his guilt or innocence.
Aberjhani. Journey through the Power of the Rainbow: Quotations from a Life Made Out of Poetry. Bright Skylark Literary Productions, 2014.
This is the first appearance of the principle which guides law enforcement in most of America and the other industrialized democracies around the world. Texas and some other localities have rejected this notion and see the occasional execution of an innocent person the cost we must pay in order to preserve law and order.
Texas executes more people than the rest of the United States does. However, just before the debate an investigation disclosed 56 recent cases in Texas where the “criminals” were completely exonerated based on the work of some volunteer attorneys and law students. They were all released from jail where many had served decades for crimes they did not commit. 5 were released from Death Row—awaiting to be executed. See {635339}.
This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.
He was one of the few “national security hawks” who was willing to place this issue in the public table. In the 21st Century, there were some Muslims living in Democratic countries who were or had just become radical Islamic extremist jihadist by religious belief and philosophy. Some would preach or advocate violence in terrorism against Democracy and the west. Many of these people with radical Islamic beliefs would give material aid and comfort to terrorists and some would themselves engage in terrorist activities themselves. When they did, it was too late to prevent tragedies. So there was this population of emotional and intellectual terrorists who could act on their beliefs at any moment. These are what Hayden referred to as the “not yet guilty”. Preventive detention could protect against serious terrorist attacks. But the legal system of virtually every democracy had no legal bases to incarcerate or move against anyone for his/her beliefs or speech. Criminal charges required action other than thoughts, beliefs or speech. But by waiting until there is terrorist action, the law enforcement authorities give up the ability to prevent the terrorist action. Some were advocating changes in this fundamental and traditional distinction of law enforcement.
Aberjhani is an American historian, columnist, novelist, poet, artist, and editor. Although well known for his blog articles on literature and politics, he is perhaps best known as co-author of Encyclopedia of the Harlem Renaissance and author of The River of Winged Dreams. The encyclopedia won a Choice Academic Title Award in 2004.
