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Crimes of Terror - The Legal and Political Implications of Federal Terrorism Prosecutions (Hardcover)
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Crimes of Terror - The Legal and Political Implications of Federal Terrorism Prosecutions (Hardcover)
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The U.S. government's power to categorize individuals as terrorist
suspects and therefore ineligible for certain long-standing
constitutional protections has expanded exponentially since 9/11,
all the while remaining resistant to oversight. Crimes of Terror:
The Legal and Political Implications of Federal Terrorism
Prosecutions provides a comprehensive and uniquely up-to-date
dissection of the government's advantages over suspects in criminal
prosecutions of terrorism, which are driven by a preventive mindset
that purports to stop plots before they can come to fruition. It
establishes the background for these controversial policies and
practices and then demonstrates how they have impeded the normal
goals of criminal prosecution, even in light of a competing
military tribunal model. Proceeding in a linear manner from the
investigatory stage of a prosecution on through to sentencing, the
book documents the emergence of a "terrorist exceptionalism" to
normal rules of criminal law and procedure and questions whether
the government has overstated the threat posed by the individuals
it charges with these crimes. Included is a discussion of the
large-scale spying and use of informants rooted in the questionable
"radicalization" theory; the material support statute-the
government's chief legal tool in bringing criminal prosecutions;
the new rules regarding generation of evidence and the broad
construction of that evidence as relevant at trial; and a look at
the special sentencing and confinement regimes for those convicted
of terrorist crimes. In this critical examination of terrorism
prosecutions in federal court, Professor Said reveals a phenomenon
at odds with basic constitutional protections for criminal
defendants.
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