Anticipatory Prosecution in Terrorism-Related Cases
THE CHANGING ROLE OF THE AMERICAN PROSECUTOR, Worrall & Nugent, eds., SUNY Press, Forthcoming
27 Pages Posted: 10 Nov 2006
This chapter, part of an edited volume on the changing role of the American prosecutor, discusses the manner in which the Justice Department has implemented the goal of terrorism prevention in the years since 9/11. It will be of interest primarily to those who seek a relatively brief introduction to the various methods by which federal prosecutors may intervene preventively in the terrorism context (and how those methods relate to one another conceptually), with an emphasis on prosecutions under the material support statutes and the tension that such prosecutions may generate between the benefits of harm prevention and the costs of false positives. Those interested in a more sophisticated treatment of these issues should instead refer to the articles posted here (http://papers.ssrn.com/abstract=587442) and here (http://papers.ssrn.com/abstract=932608).
Keywords: terrorism, prosecution, material support
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