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A critique of "national security courts" : a report by the Constitution Project's Liberty and Security Committee & Coalition to Defend Checks and Balances.

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Title	A critique of "national security courts" : a report by the Constitution Project's Liberty and Security Committee & Coalition to Defend Checks and Balances.
Subject	Terrorists--Legal status, laws, etc.--United States. Criminal courts--United States. National security--Law and legislation--United States. Justice, Administration of--United States.
Rights	This work may be protected by copyright. It was originally published on the free Web and has been harvested for preservation purposes under a claim of fair use. Please consult the work itself for additional statements regarding copyright ownership and permissions. Access to this work is provided here for educational purposes only. If you are a copyright owner who objects to the preservation of your work in this fashion, or if you believe that your copyright has been violated by the project's efforts, please make that concern known to the Chesapeake Digital Preservation Group, and the work will be removed from the digital archive.
Date	2008
Description	"June 23, 2008."; Title from title screen (viewed on Dec. 8, 2008).; Drafted by Stephen I. Vladeck.; Preserved in the OCLC Digital Archive. Harvested from http://www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts.pdf on Dec. 10, 2008.; Includes bibliographical references.
Publisher	The Constitution Project
Contributors	Vladeck, Stephen I.; Constitution Project (Georgetown Public Policy Institute)
Format	application/pdf
URL-Identifier	http://www.constitutionproject.org/pdf/Critique_of_the_National_Security_Courts.pdf
Language	eng
Relation	http://worldcat.org/oclc/277800986/viewonline
Description-Abstract	"Recently, some scholars and government officials have called for the creation of "national security courts"--specialized hybrid tribunals that would review the preventive detention of suspected terrorists (both within and outside of the territorial United States), conduct the detainees' criminal trials, or, in some cases, both. Advocates for these courts claim that they offer an attractive middle ground between adherence to traditional criminal processes and radical departures from those processes. For the reasons that follow, we, the undersigned members of the Constitution Project's Liberty and Security Committee and its Coalition to Defend Checks and Balances, believe that the proposals to create these courts should be resisted. The proposals are surprisingly--indeed alarmingly--underdeveloped. More seriously, they neglect basic and fundamental principles of American constitutional law, and they assume incorrectly that the traditional processes have proven ineffective. The idea that there is a class of individuals for whom neither the normal civilian or military criminal justice systems suffice presupposes that such a class of individuals is readily identifiable--and in a manner that does not necessarily pre-judge their guilt. The idea that national security courts are a proper third way for dealing with such individuals presupposes that the purported defects in the current system are ones that cannot adequately be remedied within the confines of that system, and yet can be remedied in new tribunals without violating the Constitution"--P. [1].
Format-Extent	6 p. : digital, PDF file.
Copyright-Statement	This work may be copyrighted or have other restrictions on use. Please contact your librarian if you have questions on the uses of this material.
OCLC number	277800986

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A critique of "national security courts" : a report by the Constitution Project's Liberty and Security Committee & Coalition to Defend Checks and Balances.

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