Friday, March 8, 2019
Kent Roach (University of Toronto - Faculty of Law) has posted Prosecutors and National Security (Forthcoming in Ronald Wright, Kay Levine and Russell Gold eds. Oxford Handbook on Prosecutors and Prosecutions) on SSRN. Here is the abstract:
The first part of this chapter focuses on the operational challenges that prosecutors face in national security cases. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offences; and the demands of federalism and international co-operation. The second part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights; of maintaining the related balance between legitimate claims of secrecy and demands for disclosure and maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.