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Terrorism and Trial by Jury: The Vices and Virtues of British and American Criminal Law
Journal Article

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Stanford Law Review, Vol. 59, page(s): 1321-1364

March 2007

British tradition and the American Constitution guarantee trial by jury for serious crime.1 But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways.

First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence.

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