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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, USA
ISBN: 0199969493
Category : Law
Languages : en
Pages : 226
Get Book Here
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: Jennifer Elsea
Publisher: DIANE Publishing
ISBN: 1437985165
Category : Terrorists
Languages : en
Pages : 51
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Book Description
The purpose of this report is to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. The report will first present an outline of the sources and principles of the law of war, including a discussion of whether and how it might apply to the current terrorist crisis. A brief explanation of the background issues and arguments surrounding the use of military commissions will follow. The report will then explore the legal bases and implications of applying the law of war under United States law, summarize precedent for its application by military commissions, and provide an analysis of the President's Military Order of November 13, 2001. Finally, the report discusses considerations for establishing rules of procedure and evidence that comport with international standards.
Author: Michael Loadenthal
Publisher: Routledge
ISBN: 1000345866
Category : Political Science
Languages : en
Pages : 218
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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: Marianne F.H. Hirsch Ballin
Publisher: Springer Science & Business Media
ISBN: 9067048437
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 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: Jennifer Elsea
Publisher: Nova Publishers
ISBN: 9781594549366
Category : History
Languages : en
Pages : 156
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Book Description
Aims to identify some of the legal and practical implications of treating the terrorist acts as war crimes and of applying the law of war rather than criminal statutes to prosecute the alleged perpetrators. This book also describes the procedures used by the World War II military tribunal to try the eight Germans.
Author: John Francis Murphy
Publisher: Rowman & Littlefield
ISBN: 9780847674497
Category : Law
Languages : en
Pages : 164
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Book Description
This book pinpoints the opportunities and the gaps in the legal system as it applies to political violence.
