NCJ Number
115645
Journal
Journal of Contemporary Criminal Justice Volume: 4 Issue: 4 Dated: (November 1988) Pages: 203-213
Date Published
1988
Length
11 pages
Annotation
While the antiterrorist legislation that a democratic society adopts is tailored to fit the experience of the country, the antiterrorist legislation of the Federal Republic of Germany and of the United Kingdom with respect to Northern Ireland (NI) shows more similarities than differences.
Abstract
Controls on firearms and explosives in NI and the requirement that the population carry identity cards in Germany reflect differences in the nature of terrorism in the two countries. In both NI and Germany, antiterrorist legislation provides police with broad powers to arrest, detain, and search; and special courts and judicial procedures have been established, such as the nonjury courts and changes in rules of evidence and the burden of proof in NI and limitations placed on attorney-client confidentiality and the right to counsel in Germany. In both countries, membership in specified organizations is proscribed and penalties for such membership are heavy (10 years). Both have curtailed political rights such as freedom of speech and right of assembly. While antiterrorist legislation cannot be expected to eliminate terrorist incidents, application of established legal principles to terrorism by these two countries helps to preserve the integrity and legitimacy of Government and negates the legitimacy of the terrorist cause and the use of violence. 23 references.