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The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia Oct 2016

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …


The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia Oct 2016

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …


The Terror Exception: The Impact Of The 2001 Authorization For Use Of Military Force On United States Counterterrorism Policy In The Middle East Under The Obama Administration, Benjamin Collinger Oct 2016

The Terror Exception: The Impact Of The 2001 Authorization For Use Of Military Force On United States Counterterrorism Policy In The Middle East Under The Obama Administration, Benjamin Collinger

Undergraduate Student Research Awards

In the traumatic and somber aftermath of the September 11, 2001 terrorist attacks, the U.S. Congress passed a critical piece of legislation to provide the president authority to defend the United States and its interests abroad. The Authorization for Use of Military Force (AUMF), which responded to the horrors of 9/11, began the United States’ longest war—the global war on terror— and serves as its legal basis today. President George W. Bush signed the AUMF into law on September 18, 2001, only a week after the attacks. Congress agreed with the proposition:

That the President is authorized to use all …