ABSTRACT
The ‘war on terror’ has had a substantial impact upon the criminal justice system in the United States. Indeed, inasmuch as terrorism, the events of 11 September 2001 and the wars in Iraq and Afghanistan have influenced so many aspects of life in the United States, it would be surprising if the criminal justice system was somehow untouched. We have seen legislation describing new crimes, as well as shifts in resources and prosecution policies. We may also have experienced changes – which are somewhat harder to discern – in constitutional criminal procedure and civil rights doctrine. Various administrations in the United States have responded differently to alleged
acts of terror. President Bill Clinton generally addressed domestic terrorism through the mechanisms of the existing criminal justice system. Suspects in terrorism-related cases were regularly tried in United States domestic courts, principally the federal courts. By contrast, President George W Bush viewed terrorist acts or threats primarily as national security or military problems, employing the structures of the criminal justice system secondarily, if at all.1 President Barack Obama initially appeared likely to return to an approach closer to Clinton’s, however, it is possible that Obama may change his position or Congress may obstruct him.2
