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Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Indefinite Material Witness Detention Without Probable Cause: Thinking Outside The Fourth Amendment, Michael Greenberger
Michael Greenberger
A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying new attacks. Since that time, the Department of Justice has used the federal material witness statute (18 U.S.C. Section 3144) to arrest …
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Narco-Terrorism: Could The Legislative And Prosecutorial Responses Threaten Our Civil Liberties?, John E. Thomas, Jr.
Washington and Lee Law Review
No abstract provided.
Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Treason In The Age Of Terrorism: An Explanation And Evaluation Of Treason's Return In Democratic States, Kristen E. Eichensehr
Vanderbilt Journal of Transnational Law
Treason is an ancient crime, but it fell into disuse in most Western democratic states after World War I. Now it is making a comeback with prosecutions or threatened prosecutions against a new type of enemy--accused terrorists--in the United States, the United Kingdom, and Israel. In the postwar period, commentators wrongly argued that treason would no longer be prosecuted because it is antiliberal, too difficult to prove, unnecessary because modern democracies are stable and secure, and premised on an extinct sense of loyalty to the state. This Article begins by debunking these claims and explaining treason's recent reappearance. First, democratic …
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Out Of The Shadows: Preventive Detention, Suspected Terrorists, And War, David Cole
Georgetown Law Faculty Publications and Other Works
This article examines the appropriate and inappropriate role of "preventive detention" in responding to terrorist threats. It offers a constitutional jurisprudence of preventive detention, maintaining that absent a showing that dangerous behaviour cannot be addressed through criminal prosecution, preventive detention is unconstitutional. But criminal prosecution is not always a realistic option, and in those circumstances, preventive detention, carefully circumscribed and meticulously safeguarded by procedural protections, may be permissible. Familiar examples of accepted preventive detention regimes include civil commitment of dangerous persons who because of a mental disability cannot be held criminally responsible, and detention of enemy soldiers in a traditional …