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I dunno. There's got to be some statistical impact on the outcome due to the careful selection of cases, both by type and by individual specificity.

I mean, a domestic terror trial, where a dude tries to detonate a car bomb in Times Square, the NY Cops arrest him, evidence is gathered, the DA prosecutes and achieves a conviction is a 'terrorism' case only on the basis of the charges. It's otherwise identical to any other criminal prosecution, and unless the DA is a full fledged idiot, the conviction rate should be quite high.

But when we think about 'terrorism' cases, with operators picked up around the world while supposedly advancing terror plots (based on evidence of widely varying quality), well, how many of those have we actually tried? David Hicks and Omar Khadr both pled out under a deal, and might have been problematic to try.

Most of the other detainees have either been released or are still being detained without trial. So, when you think about it, we really aren't learning anything from these numbers. I think that it's safe at this point to say that MOST detainees would plead to something to get out of Guantanamo.

If America ever takes responsibility for the people it's holding and allows some sort of due process to determine who might be proven guilty, and of what, and who might only be held on the flimsiest of pretenses, THEN we'll see how the system (whatever system that even turns out to be) functions in terms of fairness and effectiveness...

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