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Author: Wadie E. Said
Publisher: Oxford University Press, USA
ISBN: 0199969493
Category : Law
Languages : en
Pages : 226
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Book Description
The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute - the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.
Author: David Scheffer
Publisher:
ISBN:
Category : Criminal procedure (International law)
Languages : en
Pages : 16
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Book Description
Author: Wadie E. Said
Publisher: Oxford University Press
ISBN: 0190234164
Category : Law
Languages : en
Pages : 200
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Book Description
The U.S. government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. It establishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on through to sentencing, the book documents the emergence of a "terrorist exceptionalism" to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying and use of informants rooted in the questionable "radicalization" theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at the special sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.
Author: Richard B. Zabel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 190
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Book Description
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism and Homeland Security
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 164
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Book Description
Author: Michael Loadenthal
Publisher: Routledge
ISBN: 1000345823
Category : Political Science
Languages : en
Pages : 227
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Book Description
This volume unpacks the multidimensional realities of political violence, and how these crimes are dealt with throughout the US judicial system, using a mixed methods approach. The work seeks to challenge the often-noted problems with mainstream terrorism research, namely an overreliance on secondary sources, a scarcity of data-driven analyses, and a tendency for authors not to work collaboratively. This volume inverts these challenges, situating itself within primary-source materials, empirically studied through collaborative, inter-generational (statistical) analysis. Through a focused exploration of how these crimes are influenced by gender, ethnicity, ideology, tactical choice, geography, and citizenship, the chapters offered here represent scholarship from a pool of more than sixty authors. Utilizing a variety of quantitative and qualitative methods, including regression and other forms of statistical analysis, Grounded Theory, Qualitative Comparative Analysis, Corpus Linguistics, and Discourse Analysis, the researchers in this book explore not only the subject of political violence and the law but also the craft of research. In bringing together these emerging voices, this volume seeks to challenge expertism, while privileging the empirical. This book will be of much interest to students of terrorism and political violence, criminology, and US politics.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism and Homeland Security
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Jimmy Gurulé
Publisher: Edward Elgar Publishing
ISBN: 1848446063
Category : Political Science
Languages : en
Pages : 433
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Book Description
Jimmy Gurulé knows how to bankrupt terrorists like few others do. As Undersecretary of the Treasury for Enforcement, he spearheaded the fight against al-Qaeda s global bank accounts, helping to earn the highest grade awarded on the 9/11 Commissioners report card. As an author, he performs once again. Unfunding Terror provides policymakers and laymen alike a clear roadmap on how to keep terrorists out of the global financial system. Timothy J. Roemer, Center for National Policy, former US Congressman and member of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) Jimmy Gurulé has given us a superbly comprehensive and well-written assessment of why, regarding terrorism, Deep Throat s principle is bang on: follow the money. R. James Woolsey, venture partner, VantagePoint, and former Director of Central Intelligence, US A detailed study by a true scholar-practitioner, Unfunding Terror explains the legal response to terror finance in language accessible to both the expert and layman. Required reading. Matthew Levitt, Director, Stein Program on Counterterrorism and Intelligence, The Washington Institute for Near East Policy and former Deputy Assistant Secretary of the Treasury for Intelligence and Analysis, US Professor Gurulé is comprehensive: he describes the problem (terrorist funding by those in the free world), analyzes the legal responses (make it a crime, freeze terrorist assets, impose regulations on financial institutions), critiques the administration s and international community s efforts to unfund terrorists (political rhetoric, not in fact backed up with effective strategies or implementation), and outlines concrete legal and administrative remedies. Would that they to whom the recommendations are addressed act on them quickly. Too much is at stake to let terrorists, who condemn the West as corrupt, get their funding to attack the US and its allies from the West itself. That would be a form of social suicide. G. Robert Blakey, Notre Dame Law School, US The September 11, 2001 terrorist attacks that claimed the lives of 2,973 innocent civilians required as much as $500,000 to stage. At the time, al Qaeda was operating on an annual budget of between $30 and $50 million. However, despite the obvious fact that terrorists need money to terrorize, preventing the financing of terrorism was not a priority for the United States or the international community prior to 9/11. Jimmy Gurulé, former Under Secretary for Enforcement in the US Department of the Treasury, provides the first book-length, comprehensive analysis of the legal regime that evolved following the terrorist attacks. The book begins with a discussion of how shutting down the pipelines of funding is as important as dismantling the terrorist cells themselves. Next, the book covers the various means and methods used by terrorist groups to raise money, and examines how money is transferred globally to finance their lethal activities. The principal components of the legal strategy to disrupt the financing of terrorism are then discussed and evaluated. Unfortunately, the author concludes that the legal regime has met with mixed results, and finds that the sense of urgency to deprive terrorists of funding that existed following 9/11 has since dissipated. As a result, international efforts to freeze terrorist assets have dramatically declined. Moreover, the US Department of Justice has suffered several embarrassing and disappointing legal defeats in prosecuting major terrorist financiers. The author provides numerous recommendations to Congress, the Executive Branch, and the UN Security Council for strengthening the legal regime to deny terrorists the money needed to wage global jihad, acquire weapons of mass destruction, and launch another terrorist attack on the scale of 9/11. Unfunding Terror fills an important gap in the literature and will be essential reading for counter-terrorism experts, law enforcement and national se
Author: United States Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781978322967
Category :
Languages : en
Pages : 162
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Book Description
Prosecuting terrorists: civilian and military trials for GTMO and beyond : hearing before the Subcommittee on Terrorism, Technology and Homeland Security [sic] of the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, first session, July 28, 2009.
Author: Marianne F.H. Hirsch Ballin
Publisher: Springer Science & Business Media
ISBN: 9067048429
Category : Law
Languages : en
Pages : 701
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Book Description
The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.
Author: United States Senate
Publisher:
ISBN: 9781698574530
Category :
Languages : en
Pages : 162
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Book Description
Prosecuting terrorists: civilian and military trials for GTMO and beyond: hearing before the Subcommittee on Terrorism, Technology and Homeland Security [sic] of the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, first session, July 28, 2009.
