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The purpose of the defence is not to prove innocence nor even to get the client off. The purpose it to make the government prove (under the rules of evidence) that the defendent is guilty. (None of this precludes using Military Tribunals in place of civilian courts.) In the long run, the procedures are more important that the result. It is not enough that justice be done; justice must be seen to be done.

Outcome-based judicial proceedings are no more valid as outcome-based education.

I understand and I agree.

As to this comment - . It is not enough that justice be done; justice must be seen to be done.>

Do you think a secret military tribunal will jeopardize this goal?

the procedures are more important that the result. It is not enough that justice be done; justice must be seen to be done.

That is an apt description of our perfect justice system that another FReeper better characterized as the entertainment industry. One question (among many) is justice must be seen to be done by whom? I think that nowadays justice is seen to be done by fewer and fewer non-participants in the system, and certainly not by the victims of the privileged criminal class. Yes, justice was seen to be done by OJ Simpson who famously said that "the system works!", did he not? Yes, seen! It's a game of tricks, mirrors and perceptions is it not? We'll execute McVeigh after 5 years of appeals to create a perception that justice is being done, when the typical parasite on a death rows lives there for 12 to 20 years.

Let's perhaps start by questioning why procedures are more important than justice, shall we?