France / United States, two responses to terrorism

Abstract

U.S. terrorism trials are very different from French trials. There are multiple jurisdictions for trials and although la partie civile is not involved in criminal trial, it has recourse for compensation in civil cases. Federal criminal proceedings are adversarial, and the prosecution and defense are in constant negotiation as to charges and sentences. Terrorism trials are subject to special laws that criminalize material support for terrorism and carry enhance sentences for convicted terrorists. The guilt phase of the trial takes place in front of a jury, and lawyers from both sides ask questions of witnesses, with the presiding judge only addressing questions of law. Once convicted, a defendant faces a separate sentencing trial, which is often in front of a judge. After sentencing, convicted terrorists are subject to special measures isolating them and limiting their communications with the outside world.