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Extreme Measures: Does the United States Need Preventive Detention to Combat Domestic Terrorism?

Touro International Law Review, Vol. 14, p. 128, 2010

52 Pages Posted: 19 Jan 2010 Last revised: 28 Mar 2011

Diane Webber

affiliation not provided to SSRN

Date Written: January 18, 2010

Abstract

The paper deals with preventive detention in the United States, i.e. the detaining of a suspect to prevent a future domestic terrorist offense. Two recent events are examined: the Fort Hood shootings; and a preventive arrest in France, to consider problems in combating terrorist crimes on U.S. soil. The paper demonstrates that U.S. law as it now stands, with some limited exceptions, does not permit detention to forestall an anticipated domestic terrorist crime. After reviewing and evaluating the way in which France, Israel and the United Kingdom use forms of preventive detention to thwart possible terrorist acts, the paper proposes three possible ways to fill this gap in U.S. law, and give the United States the same tools to fight terrorism as the other countries discussed in the paper, within the boundaries of the Constitution.

Keywords: Preventive detention, prevention of future terrorist acts, French, Israeli and British law

Suggested Citation

Webber, Diane, Extreme Measures: Does the United States Need Preventive Detention to Combat Domestic Terrorism? (January 18, 2010). Touro International Law Review, Vol. 14, p. 128, 2010. Available at SSRN: https://ssrn.com/abstract=1538571

Diane Webber (Contact Author)

affiliation not provided to SSRN ( email )

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