NCJ Number
137646
Date Published
1992
Length
372 pages
Annotation
This study examines the impact of the "total-war" mentality vis-a-vis international terrorism and drug trafficking on legislators' efforts to revise legal restraints on governmental action.
Abstract
The author argues that the "war against terrorism" has helped create a climate of international anarchy and has actually been terroristic. Those who oppose international "terrorism" believe it can only be fought by eliminating certain restraints on government. In the United States, the concept of "total war" has been used both against terrorism and drug trafficking. This book discusses the separation of powers under the U.S. Constitution and other systemic constitutional principles that are impacted and undermined by overreaction to terrorism and exploitation of fears about it to accommodate domestic political ends, such as arrogation of executive power and diminution of judicial influence. Extradition is viewed as too legalistic for many, so the U.S. Government abducts criminals based on the concept of "a war footing" with terrorism and drug trafficking. Two of the book's chapters discuss jurisdiction over extraterritorial crime and extradition. Footnotes, an 806-item bibliography, and a subject index