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Impact of Terrorism Related Laws on Judges Conducting Criminal Trials

NCJ Number
221254
Journal
The Judicial Review Volume: 8 Issue: 3 Dated: September 2007 Pages: 353-383
Author(s)
A. Whealy
Date Published
September 2007
Length
31 pages
Annotation
This paper examines the impact the new terrorism related laws have on the duties and responsibilities of judges in criminal trials.
Abstract
There is mounting pressure on trial judges, as well as the appellate courts to maintain the reality of a fair trial for persons accused of terrorism offenses. Today, prejudice, delay, and secrecy are the principal problems confronting a trial judge in these matters. It is argued that appropriate directions to jurors should mitigate and diminish the problem of bias and prejudice. Second, sensible cooperation between counsel, and the use of appropriate pretrial procedures should reduce the problem of delay significantly. Thirdly, in the matter of secrecy, there is no magic solution. The increasing presence of the intelligence agency in the investigating and trial processes brings with it an ever increasing appearance of secrecy which may substantially entrench upon the principles of open justice and significantly dislocate the appearance and the reality of a fair trial. The broad range of new antiterrorist legislation has created a range of offenses for acting in a variety of ways in preparation for a terrorist act, even though no terrorist act actually occurred. This new legislation places special demands on the trial judge. This paper attempts to examine some of the reasons why this is so. It suggests a number of practical ways in which a trial judge should seek to confront the legislative difficulties to ensure that the accused is dealt with fairly in the criminal justice system. Appendixes A-B