Special Administrative Measures: An Example of Counterterror Excesses and Their Roots in U.S. Criminal Justice

Authors

Francesca Laguardia, Montclair State UniversityFollow

Document Type

Article

Publication Date

Winter 1-7-2014

Journal / Book Title

Criminal Law Bulletin

Abstract

This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.

Comments

This article was originally published in Criminal Law Bulletin © Thomson Reuters/West

DOI

10.2139/ssrn.2271079

Journal ISSN / Book ISBN

ISSN 0011-1317

MSU Digital Commons Citation

Laguardia, Francesca, "Special Administrative Measures: An Example of Counterterror Excesses and Their Roots in U.S. Criminal Justice" (2014). Department of Justice Studies Faculty Scholarship and Creative Works. 20.
https://digitalcommons.montclair.edu/justice-studies-facpubs/20

Published Citation

Laguardia, F. (2013). Special Administrative Measures: An Example of Counterterror Excesses and Their Roots in US Criminal Justice.