http://burneylawfirm.com/blog/2010/01/07/the-criminal-justice-system-is-not-a-counterterrorism-tool/ Irreverent and insightful observations on criminal law Wed, 08 Feb 2012 12:01:54 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://burneylawfirm.com/blog/2010/01/07/the-criminal-justice-system-is-not-a-counterterrorism-tool/comment-page-1/#comment-5151 Terrorism and the Courts: Kennedy Misses the Point - The Criminal Lawyer - Commentary on Law and Policy Fri, 20 Aug 2010 22:53:47 +0000 http://burneylawfirm.com/blog/?p=349#comment-5151 [...] As we’ve mentioned before, most terrorism is an act of war, not a home-grown crime.  Criminal procedure and warfare are two entirely different things.  The courts, criminal law and law enforcement are not in the business of proactively preventing violence from taking place; they only react, after the fact.  Law enforcement tracks down whodunit.  The law prescribes the rules that law enforcement must follow, and protects the rights of individuals who are suspected or charged with crimes.  It makes no sense to constrain the gathering of military intelligence and the carrying out of warfare by making it comply with the rules designed to protect the rights of criminal defendants.  It makes no sense to get the courts involved in the first place. [...] [...] As we’ve mentioned before, most terrorism is an act of war, not a home-grown crime.  Criminal procedure and warfare are two entirely different things.  The courts, criminal law and law enforcement are not in the business of proactively preventing violence from taking place; they only react, after the fact.  Law enforcement tracks down whodunit.  The law prescribes the rules that law enforcement must follow, and protects the rights of individuals who are suspected or charged with crimes.  It makes no sense to constrain the gathering of military intelligence and the carrying out of warfare by making it comply with the rules designed to protect the rights of criminal defendants.  It makes no sense to get the courts involved in the first place. [...]

]]> http://burneylawfirm.com/blog/2010/01/07/the-criminal-justice-system-is-not-a-counterterrorism-tool/comment-page-1/#comment-5120 Jeanne Guenier Wed, 18 Aug 2010 23:52:30 +0000 http://burneylawfirm.com/blog/?p=349#comment-5120 Wow. I was so ready to disagree with you. But I'm almost convinced, though where do you draw the line between crimes the courts can deal with and those they can't? Wow. I was so ready to disagree with you. But I’m almost convinced, though where do you draw the line between crimes the courts can deal with and those they can’t?

]]> http://burneylawfirm.com/blog/2010/01/07/the-criminal-justice-system-is-not-a-counterterrorism-tool/comment-page-1/#comment-2015 Administrator Tue, 19 Jan 2010 19:36:20 +0000 http://burneylawfirm.com/blog/?p=349#comment-2015 The Federalist Society will be hosting a debate on this issue on Wednesday, January 27, 2010 at Fordham Law. Here's a link for more information: http://www.fed-soc.org/events/eventID.2036/event_detail.asp The Federalist Society will be hosting a debate on this issue on Wednesday, January 27, 2010 at Fordham Law. Here’s a link for more information: http://www.fed-soc.org/events/eventID.2036/event_detail.asp

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