Christopher A. Shields's American Terrorism Trials: Prosecutorial and Defense PDF

By Christopher A. Shields

ISBN-10: 1593324820

ISBN-13: 9781593324827

On the grounds that 1980, prosecutors and security lawyers dealing with federal terrorism trials have constructed politicized ideas and counter techniques special to terrorism trials, and people recommendations have had an important influence on case results. furthermore, case results have been absolutely impacted by means of proactive coverage alterations applied within the wake of September 11. construction on structural contextual conception and the hydraulic impact, Shields unearths that after prosecutors count much less seriously on hugely politicized prosecution concepts, conviction premiums elevated. actually, 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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The Security Council adopted a non-binding definition in 2004, but critics claim that it “fails to remedy the serious difficulties caused by the lack of an operative definition in Council practice” (Saul, 2004 at 41). Defining terrorism in the United States is complicated as well. Each division of the government uses its own definition. S. Department of Defense, 2003 at 1). The Department of State defines terrorism as: “[P]remeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to 14 American Terrorism Trials influence an audience” (Office of the Coordinator for Counterterrorism, 2002 at 4).

Research Question Two: Is there a relationship between shifts in terrorist group organizational structure and trial strategies? While there are a variety of terrorist types that could be examined, the rich data in the ATS on Rightwing groups provides the most intriguing and manageable focus for this project, and prior research (Smith, 1994) 26 American Terrorism Trials has suggested that a fundamental change in the organizational structure of Rightwing terrorist groups may have occurred during the 1990s.

Until the 1980s, prosecutors followed the same philosophy that investigators used: they treated terrorists like traditional offenders. , 2002). Based on an analysis of political crime laws, Turk (1982) suggested that prosecutors used one of two methods, explicit politicality or exceptional vagueness, to prosecute “political” defendants. Explicit politicality was characterized by the government’s use of a terrorist label in trial documents and the portrayal of a defendant as a terrorist to the public through the news media.

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


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