Chapter V. Domestic Criminal Due Process In Times Of Emergency And Terrorism: The United States Of America

Abstract

This chapter focuses on the United States of America - as a domestic case study of the respective laws and their application in a state of emergency, particularly, in countering global threats of terrorism. It briefly reviews the history of states of emergency in the U.S., the main issues encountered during such emergencies, and the ways in which those problems were dealt with by the courts. Certain landmark decisions of the Supreme Court are discussed. The chapter further focuses on U.S. anti-terrorism measures after the traumatic events of September 11, 2001, the controversy that accompanied such measures and the response by the courts. It presents President Bushs executive order relating to the persons seen as the main antagonists in the global war on terror. The chapter then proceeds with the legal developments regarding detention and treatment of detainees as well as their intended adjudication by military commissions.Keywords: domestic criminal due process; Military Commission; President Bush; Supreme Court; U.S. anti-terrorism measures