Tag Archives: Guantanamo

Episode 23. Kim Ferzan on Preventive Justice

How can the state protect us from harms that haven’t happened yet? It may be clear that a terrorist or sex offender, for instance, intends to cause harm long before he has actually committed acts of violence. We could try to convict him in criminal court, but by definition, he hasn’t yet caused the harm we’re worried about. So how can we blame and punishment him? We could also try civil law, but civil suits come with a lower burden of proof that doesn’t seem quite right when we consider taking away a person’s liberty.

Our guest today, Kim Ferzan, thinks the answer is to create a third category, preventive justice, that can be used to legally impose restrictions on people who intend to cause harm.
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“The Right to Be Present”

The Washington Post published an article on Thursday, which explained that Guantanamo prisoners were only allowed to attend the first full habeas corpus hearing via audio link. And a nonfunctional link at that. Sensing absurdity, I wrote a letter to the editor, which the Post graciously printed.

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Episode 4. Larry May on Habeas Corpus

Are habeas corpus petitions, as Barack Obama put it, “the foundation of Anglo-American law”? Or are they just nuisance lawsuits, “whether it be about the diet, whether it be about the reading material,” that will just slow down the legal system and leave us “bollixed up,” as John McCain claims? On this episode of Public Ethics Radio, we discuss these issues with Larry May.

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