Thursday, August 21, 2014
Kent Roach (University of Toronto - Faculty of Law) has posted Terrorism (in Markus Dubber and Tatjana Hornle, eds., Oxford Handbook of Criminal Law (2015) ch 36, Forthcoming) on SSRN. Here is the abstract:
This chapter examines how criminal law has expanded to deal with the challenges of terrorism and whether in doing so it has sacrificed its fundamental values. The first part of this chapter outlines a variety of less restrained alternatives to the criminal law that have been used to respond to terrorism including military and administrative detention and targeted killing in order to place the expansion of the criminal law in context. he bulk of the chapter will examine how criminal law has expanded to deal with the challenges of preventing terrorism and how this may undermine the integrity of the criminal law. Topics examined include definitions of terrorism, extra-territorial jurisdiction and the integration of administrative blacklists into the criminal law. The understandable desire to prevent terrorism has created an incentive for legislatures to stretch the prohibited act of criminal laws so that they apply well before traditional inchoate forms of liability such as attempts, conspiracy and incitement. The chapter will also examine the limited capacity of fault requirements to restrain broad definitions of the criminal law. The limited role of defences, especially entrapment, will be examined as well the pressures that broad terrorism offences place on principles of proportionate punishment. Criminal laws against terrorism reveal more general weaknesses in modern criminal law especially with respect to the legislature’s ability to define criminal acts broadly and fault requirements narrowly.