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NCJ Number: 118438 Find in a Library
Title: Terrorists on Trial: The Legal Dilemmas
Journal: Criminal Justice Journal  Volume:11  Issue:1  Dated:(Fall-Winter 1988)  Pages:235-265
Author(s): J Gardes
Date Published: 1988
Page Count: 31
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article identifies problems associated with U.S. authorities arresting terrorists abroad for subsequent trial in the United States and suggests potential resolutions of the problems.
Abstract: Problems and questions inherent in any arrest abroad and subsequent trial in the United States include whether a search and seizure abroad is legal under the fourth amendment, whether a trial in the United States violates a defendant's right to compulsory process guaranteed under the sixth amendment, and whether the defendant is precluded from presenting an adequate defense in violation of the due process clause of the fifth amendment. One option for addressing these problems is the creation of a Federal court under Article III of the U.S. Constitution to be convened abroad. This court could be empowered to try terrorists alleged to have committed acts against Americans outside the territorial United States and to sentence such terrorists if convicted. Another alternative is to hold the terrorists under the Geneva Convention Relative to the Treatment of Prisoners of War. Although this would entail the ratification of Protocol I thereto, it would allow the United States to hold terrorists without trial. A corollary proposition would be to grant combatant status to terrorist organizations, which would enable the United States to try them by military tribunal under military laws. 144 footnotes.
Main Term(s): Terrorism prosecution
Index Term(s): International terrorism; Rights of the accused
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