The rule of law in America becomes meaningless when we lack the courage to use our system of criminal justice. We want the rest of the world to support democracy and the rule of law, but when we are consumed with fear created by terrorism and shrink from our principles like scared rabbits, we set a very poor example.
Terrorism succeeds when we abandon our principles based on the fear created by violence. Remember Franklin Delano Roosevelt's eloquent statement in his first inaugural address: "The only thing we have to fear is fear itself." As a criminal justice professor, I want my students to have confidence in America's system of justice. It is not effective to tell them "Our system only works when the crimes are trivial." I simply ask, "Has the fear created by terrorism conquered America's justice system?"
To show the world, including the Muslim world, we should openly demonstrate the power of democracy and how America's criminal justice system works. We cannot lead the world to democracy when we abandon our collective principles. Torturing suspects and denying judicial process is not a display of leadership. Leadership is displayed when the rest of the world bends under the threat of terrorism and we stand by our principles.
Prosecuting the 9/11 terrorists is a tough decision for leaders. Decisions are "tough" when they have potential consequences. Yes, the terrorist could be found not guilty. Yes, our use of torture could come out during the trial and create an embarrassment and propaganda opportunities for our enemies. Yes, the security cost during the trial will be substantial. It is important to remember that "tough" decisions have risks. Decisions are easy when they don't have consequences. It is easy for leaders to make trivial decisions. If we shrink from our principles and don't make ethical decisions during times like this, terrorism becomes emboldened.
Brave American men and women are in the battle in Iraq and Afganistan -- fighting in support of our principles. We need to demonstrate a little backbone on the home front by standing up for the criminal justice system America has created as a result of democracy. It is the height of hypocrisy to verbally support our military in battle, and in the same breath, deny and block the vary principles they are fighting for.
Wadman is a professor emeritus of criminal justice at Weber State University.
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