Age of Terrorism

Criminal Defense in the Age of Terrorism The Bush Administration's "war on terror" coincided with a drastic change in the criminal defense bar's working environment. From tightening of INS enforcement procedures to passage of the USA Patriot Act, defense attorneys face a multitude of new or enhanced restrictions on their ability to represent their clients effectively. The Center for Professional Values and Practice looks at the challenges practitioners face in this new legal environment in a special symposium edition of the New York Law School Law Review published spring 2004.

CONTENTS

Preface: Professors Tanina Rostain and Donald H. Zeigler, Co-Directors of the Center for Professional Values and Practice

Professor Sadiq Reza, New York Law School, who has advised terror defendant Zacarias Moussaoui, introducing the articles and the issues of the Symposium.

Lawyers Involved in Defending Accused Terrorists:

• Robert Boyle, counsel for Osama Awadallah, on the use and misuse of material-witness statutes to detain individuals in criminal and terror investigations;
• Donna R. Newman, counsel for Jose Padilla, on representing citizens who are designated "enemy combatants";
• Sam A. Schmidt and Joshua L. Dratel, counsel for Wadih el-Hage, on the impediments and opportunities created by the government's Special Administrative Measures;
• Kenneth Mann and David Weiner, counsel for accused terrorists in Israel, on defending terrorism cases: the Israeli experience.

Related Perspectives:

• Professor Randolph N. Jonakait, New York Law School, on due process concerns in prosecutions for providing material support to foreign terrorist organizations;
• Professor Cameron Stracher, New York Law School, and counsel for various news media in the Moussaoui prosecution, on the public's right of access under the First Amendment;
• Professor Marcy Strauss, Loyola Law School, on the use of torture in terrorism interrogations;
• Professor Alan M. Dershowitz, Harvard Law School, responding to critics of his view that when torture is used, it should be subject to judicial warrant requirements.

Student Contributions:

• Betsy Fiedler, student, New York Law School, on the use of computer generated evidence in courtroom proceedings.
• Amy Garzon, student , New York Law School, on the repeal of the knock-and-announce rule in U.S. v. Langford.
• Orit Tulchinsky, student , New York Law School, on the admission of confessions obtained using police fabricated evidence in U.S. v. Patton.
• Scott Woller, student, New York Law School, on the role of expert testimony regarding eyewitness identifications in New York.