The United States is now prosecuting suspected terrorists on the basis of their intentions, not just their actions. But in the case of Islamic extremists, how can American jurors fairly weigh words and beliefs when Muslims themselves can’t agree on what they mean?
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In the wake of 9/11, many Americans will accept, if not applaud, this approach. For us, terrorism possesses unrivaled destructive power, both in the scale of damage it inflicts and the fear and vulnerability it creates. After all, if stopping inner-city or gang violence were as important to us as thwarting terrorism, we could start preemptive prosecutions of young men, based on their race, their familiarity with firearms, and their possession of music that glorifies or encourages violence.
It is "absolutely" better to run the risk of convicting an innocent man than to let a guilty one go. "Too many lives are changed" by terrorism. "So shall one man pay to save fifty? It’s not a debatable question."
