Yes, Scott, if Hitler had been brought to trial, that's exactly the premise that British and American jurisprudence would have had to follow.

The proof of Hitler's guilt was ample, but it would have had to have been presented. My biggest question is whether anyone would have been willing to be Hitler's defense attorney, but I'm sure someone would have volunteered, if only for the sake of the process. After all, John Adams defended the British soldiers accused in the Boston Massacre to defend the principle of fair trial.

If there is no trial (should the suspected perp be captured alive), there is only vengeance, and not justice. If there is no presumption of innocence, we have lost who we are, and bin Laden can laugh at us all the way to his execution, which he likely doesn't care much about. Let's not degenerate to the level of show trials.

Regards--
Mary Anne