Download American Terrorism Trials: Prosecutorial and Defense by Christopher A. Shields PDF

By Christopher A. Shields

Given that 1980, prosecutors and security legal professionals dealing with federal terrorism trials have built politicized innovations and counter options particular to terrorism trials, and people recommendations have had an important influence on case results. additionally, case results have been certainly impacted by way of proactive coverage alterations carried out within the wake of 11th of September. development on structural contextual concept and the hydraulic influence, Shields unearths that after prosecutors count much less seriously on hugely politicized prosecution techniques, conviction charges elevated. in truth, his findings point out that the extra prosecutors politicize a case, the much more likely the case is going to trial, expanding the percentages of acquittal.

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Likewise, cases that are the explicitly politicized should result in the lowest conviction rates. By definition, explicit politicality involves motive as an element of the case that must be proved, opening the door to defense tactics and claims that are designed to raise reasonable doubt. Because explicit politicality involves linking the defendant to a terrorist ideology, disassociation should be the most successful defense strategy. H1= A conventional criminality prosecution method and a traditional defense strategy will produce the highest conviction rates.

The database also includes variables that measure whether the defendant received bail, and if not, the reason bail was denied. One set of variables tracks whether a superseding indictment was filed in each case, and another set of variables tracks the number of counts added or dropped from the original indictment. I coded these counts by statute number and by United States Code Chapter. These data also track defense motions and their outcomes. For example: defense challenges to FISA; motions to suppress physical evidence; motions to suppress electronic surveillance; motions to sever counts; motions to suppress statements, and; an entire range of pro se motions.

The first chain of command begins with the President and runs through the National Security Council, which is responsible for implementing international terrorism policy (Perl, 2003). The second chain of command runs from the President though the Director of the Department of Homeland Security (DHS). S. State Department, which contains the Office of the Coordinator for Counterterrorism. S. Attorney General, who heads the DOJ. The FBI and the EOUSA are located within the DOJ. Policies centered on the investigation and prosecution of domestic terrorism are created and implemented in the fourth chain of command.

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