American Terrorism Trials: Prosecutorial and Defense by Christopher A. Shields

By Christopher A. Shields

Due to the fact that 1980, prosecutors and safety lawyers dealing with federal terrorism trials have constructed politicized options and counter techniques detailed to terrorism trials, and people thoughts have had an important effect on case results. additionally, case results have been definitely impacted via proactive coverage adjustments applied within the wake of Sep 11. construction on structural contextual conception and the hydraulic impact, Shields reveals that once prosecutors depend much less seriously on hugely politicized prosecution concepts, conviction charges elevated. actually, his findings point out that the extra prosecutors politicize a case, the much more likely the case is going to trial, expanding the chances of acquittal.

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H12= If tightened coupling has occurred, the percentage of plea bargained cases will decrease among pretextual prosecutions in the post- 9/11 era. The hydraulic effect suggests that “get tough” policies implemented in the wake of 9/11 will result in net widening. Net widening occurs in two different ways. First, offenders who engaged in minor offenses that were ignored before the triggering event will receive new attention from investigators and prosecutors. Second, because the level of serious criminal activity is likely to remain relatively unchanged, investigators and prosecutors will seek to prosecute offenders on new or novel charges.

E. no motive element) and the prosecution makes no attempt to link the defendant to a terrorist organization or a terrorist act. The next category, political innuendo (coded 2), is composed of cases in which a defendant has been indicted on conventional criminal charges and in which the prosecution has linked the defendant, expressly or by implication, to a terrorist group or act of terrorism. g. ) and cases where the defendant is publicly linked to a terrorist group. 0 The ATS variable prosmeth contained four categories: the three discussed here, and a fourth, material support, that was coded system missing for this study.

The range for the data set is 1 count to 652 counts. 0 with 16 counts or fewer. There are only 4 court cases in the database where defendants were charged with 60 or more counts. Group Type is a nominal level variable, coded into 6 categories: domestic Rightwing groups (1), domestic Leftwing groups (2), international groups (3), environmental groups (4), single issue (5) and lone wolf (6). Individuals not linked to a group in the FBI list, or in case documents, were coded system missing unless internet searches of media files revealed a link.

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