Terror in the Courts: Beginning to Assess the Impact of Terrorism-Related Prosecutions on Domestic Criminal Law and Procedure in the USA

Abstract

This article explores some of the possible influences of the "war on terror." It asks whether civilian criminal prosecutions of terrorism-related offenses or suspects may shape or distort domestic criminal law and procedure in the USA. The article identifies issues that may tend to arise in terrorism-related cases and suggests categories of prosecutions that may be more or less likely to influence the development of domestic law and procedure. It explores the issue of whether separate tribunals for terrorism-related offenses can reduce any distortion of domestic law, and ends with several specific suggestions for further research.

Keywords: courts, terrorism, criminal law, criminal procedure

JEL Classification: K14, K40