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date: 20 January 2021

Abstract and Keywords

This chapter examines trial procedures aimed at preventing and responding to terrorism, focusing on the influence of the executive branch of government upon terrorism prosecutions. It first provides an overview of the various fora in which a terrorism trial might be held, namely, trials conducted before the ordinary civilian criminal courts, specialist civilian terrorism courts, and military courts. It then considers the different categories of individuals and entities who might be tasked to decide the question of guilt or innocence, with emphasis on the abolition of trial by jury in favor of trial by judge alone. It also analyzes some of the modifications made to criminal trial procedure and the consequences of these in terms of executive control of the trial proceedings, taking into account open justice, access to legal representation, presumption of innocence, and procedural fairness.

Keywords: trial procedures, terrorism, executive branch, civilian criminal courts, military courts, trial by jury, trial by judge, bench trial, open justice, presumption of innocence, procedural fairness

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