By Christopher A. Shields
On the grounds that 1980, prosecutors and security legal professionals dealing with federal terrorism trials have built politicized suggestions and counter innovations precise to terrorism trials, and people innovations have had an important influence on case results. in addition, case results have been absolutely impacted by way of proactive coverage adjustments applied within the wake of 11th of September. construction on structural contextual thought and the hydraulic impression, Shields reveals that once prosecutors depend much less seriously on hugely politicized prosecution options, conviction premiums 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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Additional info for American Terrorism Trials: Prosecutorial and Defense Strategies
Attorneys for prosecution regardless of whether there was evidence linking a defendant to an act of terrorism. Since 1980, the FBI had referred both event-linked cases and pretextual cases for prosecution. After 9/11, however, the FBI began referring cases with no clearly stated link to terrorism – a majority of those cases involved immigration and financial fraud. S. , Porch and Wirtz, 2002). Indeed, one of the key findings of the 9/11 Commission Report focused on the lack of communication between two federal agencies with similar but seemingly competing missions - the FBI and the CIA (National Commission on Terrorist Attacks Upon the United States, 2004).
Defendants who were found to pose a risk to the community were coded 3. Defendants released on bail were coded 0. 08. Of those defendants for which I had information, 66 percent were denied bail. 09. In 73 cases, researchers could not determine a reason for why bail had been denied. Of the remaining cases, exactly half were retained because they were deemed dangerous. 09: Frequency distribution: reason bail was denied. 0 A study by Champion (1989) found that defense attorney type may have an impact on how prosecutors proceed with a case.
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. Damphousse and Shields (2007) found some preliminary support for both of these propositions, but their analysis was limited to cases filed prior to August 2002. If the hydraulic effect does occur, evidence of net-widening should be present. Three Intriguing Questions 29 H13= If net widening has occurred, cases in the post-9/11 era will involve a higher proportion of low-level offenses than cases filed before 9/11.
American Terrorism Trials: Prosecutorial and Defense Strategies by Christopher A. Shields