Law and Terrorism – 6708
This class will focus on how the U.S. legal system has faced-and should face-the challenge of balancing rule of law and civil liberty principles with the unique law enforcement needs of terrorism cases. It will examine how terrorism cases are investigated, prosecuted, defended and punished. It will address how suspected terrorists are targeted and captured, including the efficacy of sting operations; surveillance methods and interrogation techniques; the impact of classified evidence on the adversarial process, the role of the defense lawyer, and her relationship with her client; how offenders convicted of terrorism-related offense are sentenced and confined; the use of military tribunals; and the resort to preemptive measures such preventative detention; freezing of assets, and restrictions on freedom of speech. It will also explore broader questions, such as the use of war imagery to describe anti-terrorism efforts, whether the criminal justice system is sufficient to address the threat of terrorist violence, the need for emergency rules and powers, and lessons that can be learned from the experiences of other constitutional democracies facing terrorist challenges.