Document Type

Article

Publication Date

Fall 2016

Journal Title

New Criminal Law Review

Abstract

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To the contrary, terrorism cases appear to have shed light on the direction in which the United States was heading for decades.

DOI

10.1525/nclr.2016.19.4.544

Published Citation

Laguardia, F. (2016). The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit in Broader Criminal Justice. New Criminal Law Review: In International and Interdisciplinary Journal, 19(4), 544-576.

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