JSB176 Lecture Notes - Lecture 4: September 11 Attacks, Precrime, Habeas Corpus
Document Summary
Responses to crime emerged after the september 11 terrorist attacks, orchestrated by al-qaeda. Innocence has to be proved by the suspect. Exceptional crimes requiring exceptional responses: suspension of due process or civil liberties, overriding or contravening other laws (human rights or international laws) Criminal responsibility and guilt has to be proved by the state. Pre-crime is used to justify contravening and due process rights, existing law and human rights. It links strongly to the purpose of criminal law to protect the community. Pre-crime in relation to terrorism includes the following procedures: compulsory questioning, extended detention without charge, control orders, freezing assets, criminalisation of conduct. Potential impacts on due process rights: right to silence, presumption of innocence, habeas corpus, equality before the law, right to a fair trial, notified of charges. Terrorism like all crime is a social construct and as a result of pre-crime there is now difficult in proving innocence and intent in potential suspects.
