Political trials in domestic and international law.

From: Duke Law Journal | Date: October 1, 2005| Author: Posner, Eric A. | Copyright information

ABSTRACT

Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal convictions of terrorists and others who pose a nonimmediate but real threat to public safety. To counter these threats, governments may use various subterfuges to avoid constitutional protections--often with the complicity of judges--but when they do so, they risk losi...

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