The Criminal Justice Response to Support Victims of Acts of Terrorism
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Law Research Paper Series Paper #002 2019
Law Research Paper Series Paper #002 2019 Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation Author: Dr Cian C. Murphy, Bristol Law School This paper is drawn from Zumbansen, ed, Oxford Handbook of Trasnational Law (forthcoming 2019). bristol.ac.uk/law/research/legal-research -papers ISSN 2515-897X The Bristol Law Research Paper Series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically, available for free, for download as pdf files. Copyright remains with the author(s). For any queries about the Series, please contact [email protected]. I. INTRODUCTION Since its first invocation, as a criticism of the French Revolution, the term ‘terrorism’ has been used to refer to threats to legal and political order. The Anglo-Irish political philosopher, Edmund Burke, said the French revolutionaries were ‘Hell-hounds called Terrorists’.1 The revolutionaries themselves wore the term with honour. Robespierre declared that terror is ‘nothing else than swift, severe, inflexible justice; it is therefore an emanation of virtue’.2 These two early uses of the term illustrate its role as a site of conflict about the legitimacy of political violence both by and against state order. And, at least until the end of the twentieth century, political violence – even terrorism – was seen as sometimes capable of justification. Today it is the pejorative meaning that has won out. The ‘-ist suggests a philosophy – but one which comes down to spilling guts and hacking off heads’ and so to be a terrorist is ‘to be accused of being cleaned out of ideas’.3 This, to an extent, is oxymoronic. -
Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed. -
Brief of Amici Curiae National Association of Criminal Defense Lawyers and American Civil Liberties Union in Support of Respondent
No. 16-1495 IN THE Supreme Court of the United States CITY OF HAYS, KANSAS, Petitioner, v. MATTHEW JACK DWIGHT VOGT, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND AMERICAN CIVIL LIBERTIES UNION IN SUPPORT OF RESPONDENT Barbara E. Bergman Jeffrey A. Mandell NATIONAL ASSOCIATION OF Counsel of Record CRIMINAL DEFENSE LAWYERS Laura E. Callan 1660 L Street, N.W. Erika L. Bierma Washington, D.C. 20036 Eileen M. Kelley Elizabeth C. Stephens David D. Cole STAFFORD ROSENBAUM LLP Rachel Wainer Apter 222 W. Washington Ave., Ezekiel Edwards Suite 900 AMERICAN CIVIL LIBERTIES Madison, WI 53701 UNION FOUNDATION (608) 256-0226 915 15th Street N.W. [email protected] Washington, D.C. 20005 December 20, 2017 Counsel for Amici Curiae TABLE OF CONTENTS Page STATEMENT OF INTEREST OF AMICI CURIAE .......................................................... 1 STATEMENT .............................................................. 3 SUMMARY OF ARGUMENT ..................................... 9 THE FIFTH AMENDMENT’S GUARANTEE AGAINST SELF- INCRIMINATION APPLIES AT PRELIMINARY HEARINGS. ............................ 11 A. This principle is consistent with the Constitution’s text and with precedent……… ............................................. 11 B. Limiting the Self-Incrimination Clause’s application to the criminal trial itself would severely prejudice defendants…….. ............................................ 18 C. The government’s policy concerns do not withstand scrutiny. ............................ 24 CONCLUSION .......................................................... 29 ii TABLE OF AUTHORITIES Page(s) Cases Best v. City of Portland, 554 F.3d 698 (7th Cir. 2009) ............................ 14, 24 Blyew v. United States, 13 Wall. 581 (1872) ................................................ 13 Chavez v. Martinez, 538 U.S. 760 (2003) .......................................... 13, 27 Coleman v. Alabama, 399 U.S. -
Felony Case Processing Study Phase I Final Report and Recommendations
Cuyahoga County, Ohio Felony Case Processing Study Phase I Final Report and Recommendations Submitted to: The Cuyahoga County Commissioners and The Cuyahoga County Adult Justice Group By The Justice Management Institute May 22, 2005 Contact Person Douglas K. Somerlot 1900 Grant Street, Suite 630 Denver, Colorado 80203 (303) 831-7564 Fax: (303) 831-4564 Table of Contents Item Page Number Summary of Recommendations 1 Impact of Recommendations on Staff and Computer Equipment 8 Background 14 New Proposals and Developments 25 Issues and Recommendations 29 Appendix 1, Description of The Justice Management Institute 63 Appendix 2, Description of The Adult Justice Group 66 Appendix 3, Methodology and Individuals Interviewed 68 i THE JUSTICE MANAGEMENT INSTITUTE Cuyahoga County, Ohio Felony Case Processing Study– Phase I Summary of Recommendations I. GOVERNANCE OF THE CRIMINAL JUSTICE SYSTEM. Criminal Justice Supervisory Committee. Recommendation Number 1: Cuyahoga County should form a county-wide Criminal Justice Supervisory Committee. The Committee should be drawn from key leaders at the county and municipal levels and should have top quality staff. It should be charged with planning for system-wide improvements in criminal justice system operations, monitoring progress toward achievement of goals, acting collectively to address systemic problems, and reporting at least annually to county and municipal governing bodies. II. ARREST TO ARRAIGNMENT. A. Case investigation processing paths should be consistent with the severity and complexity of the crime charged and the possible sentence that could be imposed. Recommendation Number 2: A committee composed of representatives of the police agencies, municipal and county prosecutor’s office, public defender, and probation department should develop a case investigation process which accelerates the law enforcement processing of cases where the charges are lower grade felonies, cases where there is no victim and few witnesses, and cases involving low-level substance abuse. -
A Plea for Discovery of Evidence in Aggravation
Death by Ambush: A Plea for Discovery of Evidence in Aggravation Tamara L. Graham* I. Introduction On February 26, 1997, the Commonwealth of Virginia executed Coleman Wayne Gray for the capital murder of Richard McClelland, the manager of Murphy’s Mart in Portsmouth, Virginia.1 One might argue, however, that he was actually executed for the murders of Lisa and Shanta Sorrell, despite having never been charged with those crimes.2 The Sorrell murders looked somewhat like McClelland’s murder; however, the only direct link that the Commonwealth had between Gray and the Sorrell murders was the testimony of Melvin Tucker, Gray’s accomplice in the McClelland murder.3 Tucker received a life sentence in exchange for, among other things, his testimony that Gray told him that he had killed the Sorrells.4 To convince the jury that Gray would “constitute a continuing serious threat to society,” the Commonwealth introduced testimony from the detective and the medical examiner in the Sorrell case and, in effect, conducted a mini-murder trial within the sentencing phase of the trial of the only crime for which it had actually indicted Gray.5 Gray’s counsel asked the trial court to exclude the surprise evidence.6 The court refused, and the jury * J.D. Candidate, May 2006, Washington and Lee University School of Law; B.A., Hanover College, 1996. I thank professor David I. Bruck for his guidance and wisdom; Jessie Seiden, Meghan Morgan, Max Smith, and Todd Egland for their editorial prowess; Marsha L. Dutton for providing the stylistic foundation for everything I write; my 2006 VC3 colleagues for having my back; and Carrie Herring for her patience and support. -
The Lawbook Exchange, Ltd. 30 Justice of the Peace Manuals
The Lawbook Exchange, Ltd. 30 Justice of the Peace Manuals Primary Source for Many Subsequent Manuals 1. Blackerby, Samuel [fl. 1720-1738]. Blackerby, Nathaniel. The First Part of the Justice of Peace His Companion; Or, A Summary of All the Acts of Parliament, Whereby One, Two, Or More Justices of the Peace, Are Authorized to Act, Not Only In, But Out of the Sessions of Peace. Begun by Samuel Blackerby, Alphabetically Digested, And Continued to the End of the Last Session of Parliament, 1734. With an Exact Table, By Nathaniel Blackerby, Esq. [London]: Printed by E. and R. Nutt, 1734. [xxiv], 540 pp. 12mo. (5" x 3"). Contemporary calf, blind rules to boards, raised bands and lettering piece to spine. Some rubbing to extremities, corners bumped, boards beginning to separate but still quite secure. Early annotation to front pastedown, struck-through signature to front free endpaper. Offsetting to margins of endleaves, rest of interior notably fresh. $400. * Fifth edition. With a digested index. The first edition of Blackerby's Justice of the Peace, His Companion appeared in 1711. A companion volume, Cases in Law, which carries the subtitle "The Second Part of the Justice of Peace's Companion," followed in 1717. Both were held in high esteem, went though several editions and served as primary sources for many subsequent manuals. Justice of the Peace is arranged alphabetically by topic. Such entries as Apprentices, Bastardy, Gaming Houses, Overseers of the Poor, Papists and Popish Recusants and Witchcraft offer a unique perspective on rural English society during the early 1700s. Sweet & Maxwell, A Legal Bibliography of the British Commonwealth 1:225 (11). -
Policing Terrorism
Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel © 2009: The Police Foundation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without the prior permission of The Police Foundation. Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author and do not necessarily reflect the views of the Police Foundation. Enquires concerning reproduction should be sent to The Police Foundation at the address below. ISBN: 0 947692 49 5 The Police Foundation First Floor Park Place 12 Lawn Lane London SW8 1UD Tel: 020 7582 3744 www.police-foundation.org.uk Acknowledgements This Review is indebted to the Barrow Cadbury Trust which provided the grant enabling the work to be conducted. The author also wishes to thank the academics, researchers, critics, police officers, security service officials, and civil servants who helped formulate the initial direction and content of this Review, and the staff at the Police Foundation for their help and support throughout. Thanks also to Tahir Abbas, David Bayley, Robert Beckley, Craig Denholm, Martin Innes and Bob Lambert for their insightful, constructive and supportive comments on various drafts of the Review. Any mistakes or inaccuracies are, of course, the author’s own. Darren Thiel, February 2009 Contents PAGE Executive Summary 1 Introduction 5 Chapter -
The Impact of Counter-Terrorism Measures on Muslim Communities
Equality and Human Rights Commission Research report 72 The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University The impact of counter-terrorism measures on Muslim communities Tufyal Choudhury and Helen Fenwick Durham University © Equality and Human Rights Commission 2011 First published Spring 2011 ISBN 978 1 84206 383 5 Equality and Human Rights Commission Research Report series The Equality and Human Rights Commission Research Report Series publishes research carried out for the Commission by commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website: Research Team Equality and Human Rights Commission Arndale House The Arndale Centre Manchester M4 3AQ Email: [email protected] Telephone: 0161 829 8500 Website: www.equalityhumanrights.com If you require this publication in an alternative format, please contact the Communications Team to discuss your needs at: [email protected] Contents Tables i Acknowledgements ii Foreword iii Executive summary v 1. Introduction 1 1.1 Background 1 1.2 Methodology 2 1.3 Structure of this report 3 2. The community, security and policing context 5 2.1 The community context 5 2.2 The security context 9 2.3 The legal and policy context 13 2.4 The policing context 15 2.5 Summary 17 3. Ports and airports 18 3.1 Security measures 18 3.2 Schedule 7 19 3.3 Summary 28 4. -
S:\FULLCO~1\HEARIN~1\Committee Print 2018\Henry\Jan. 9 Report
Embargoed for Media Publication / Coverage until 6:00AM EST Wednesday, January 10. 1 115TH CONGRESS " ! S. PRT. 2d Session COMMITTEE PRINT 115–21 PUTIN’S ASYMMETRIC ASSAULT ON DEMOCRACY IN RUSSIA AND EUROPE: IMPLICATIONS FOR U.S. NATIONAL SECURITY A MINORITY STAFF REPORT PREPARED FOR THE USE OF THE COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION JANUARY 10, 2018 Printed for the use of the Committee on Foreign Relations Available via World Wide Web: http://www.gpoaccess.gov/congress/index.html U.S. GOVERNMENT PUBLISHING OFFICE 28–110 PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Mar 15 2010 04:06 Jan 09, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5012 Sfmt 5012 S:\FULL COMMITTEE\HEARING FILES\COMMITTEE PRINT 2018\HENRY\JAN. 9 REPORT FOREI-42327 with DISTILLER seneagle Embargoed for Media Publication / Coverage until 6:00AM EST Wednesday, January 10. COMMITTEE ON FOREIGN RELATIONS BOB CORKER, Tennessee, Chairman JAMES E. RISCH, Idaho BENJAMIN L. CARDIN, Maryland MARCO RUBIO, Florida ROBERT MENENDEZ, New Jersey RON JOHNSON, Wisconsin JEANNE SHAHEEN, New Hampshire JEFF FLAKE, Arizona CHRISTOPHER A. COONS, Delaware CORY GARDNER, Colorado TOM UDALL, New Mexico TODD YOUNG, Indiana CHRISTOPHER MURPHY, Connecticut JOHN BARRASSO, Wyoming TIM KAINE, Virginia JOHNNY ISAKSON, Georgia EDWARD J. MARKEY, Massachusetts ROB PORTMAN, Ohio JEFF MERKLEY, Oregon RAND PAUL, Kentucky CORY A. BOOKER, New Jersey TODD WOMACK, Staff Director JESSICA LEWIS, Democratic Staff Director JOHN DUTTON, Chief Clerk (II) VerDate Mar 15 2010 04:06 Jan 09, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\FULL COMMITTEE\HEARING FILES\COMMITTEE PRINT 2018\HENRY\JAN. -
Subject Index
Subject Index Abortion. See Health and medical care Alabama Acquired immune deficiency syndrome. See Disaster assistance—2287 HIV/AIDS; specific country or region Governor—2114, 2286 Administration. See other part of subject President’s visit—2114, 2287 Advisory. See other part of subject Albania, U.S. Ambassador—2288 Aeronautics and Space Administrations, Na- Al Qaida terrorist group. See Terrorism tional. See Space program American. See other part of subject Affirmative action. See Education American Indian, National Museum of the. See Afghanistan Smithsonian Institution Counterterrorism operations—1289 Amtrak Reform Board—2273, 2278 Democracy efforts—1465, 1466, 1825, 1896, Arctic National Wildlife Refuge—1578, 1897 2113, 2145, 2150–2152, 2187 Arctic Research Commission—2285 Former regime—1573 Arizona Girls’ soccer team—1436 President’s visits—1612, 2281 International assistance—1239, 2143 Unemployment rate—1614 President—1239, 1289, 1318, 2288 Arkansas, disaster assistance—2273 Reconstruction and reform efforts—1289, Armed Forces, U.S. 1291, 1318 See also Defense and national security; Vet- erans; specific military department; specific Terrorist attacks—1465 country or region U.S. military forces, casualties—2128 All-Volunteer Force—1584, 1608 Africa Draft—1948 See also specific country Funding—1406 Development efforts—1291–1293 International Criminal Court, exemption of Trade with U.S.—1291 U.S. troops—1586, 2263 Africa Education Initiative—2113 Medical care—1584, 1610 Africa, Initiative to End Hunger in—2113 Minority service members—1250, 2062 African Development Foundation—2276 National Guard—2055, 2056, 2164, 2245, African Growth and Opportunity Act—1292, 2247 1467, 1532 Pay and benefits—1494, 1584, 1948, 2056 African Union—1414, 2144, 2265 Service members, deployments—1672, 1673, Agency. -
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Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review..................................................................................