NCJ Number
118438
Journal
Criminal Justice Journal Volume: 11 Issue: 1 Dated: (Fall-Winter 1988) Pages: 235-265
Date Published
1988
Length
31 pages
Annotation
This article identifies problems associated with U.S. authorities arresting terrorists abroad for subsequent trial in the United States and suggests potential resolutions of the problems.
Abstract
Problems and questions inherent in any arrest abroad and subsequent trial in the United States include whether a search and seizure abroad is legal under the fourth amendment, whether a trial in the United States violates a defendant's right to compulsory process guaranteed under the sixth amendment, and whether the defendant is precluded from presenting an adequate defense in violation of the due process clause of the fifth amendment. One option for addressing these problems is the creation of a Federal court under Article III of the U.S. Constitution to be convened abroad. This court could be empowered to try terrorists alleged to have committed acts against Americans outside the territorial United States and to sentence such terrorists if convicted. Another alternative is to hold the terrorists under the Geneva Convention Relative to the Treatment of Prisoners of War. Although this would entail the ratification of Protocol I thereto, it would allow the United States to hold terrorists without trial. A corollary proposition would be to grant combatant status to terrorist organizations, which would enable the United States to try them by military tribunal under military laws. 144 footnotes.