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Law's DetourJustice Displaced in the Bush Administration$
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Peter Margulies

Print publication date: 2010

Print ISBN-13: 9780814795590

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814795590.001.0001

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(p.99) 5 Conspiracy’s Discontents

(p.99) 5 Conspiracy’s Discontents

Prevention and False Positives After September 11

(p.99) 5 Conspiracy’s Discontents
Law's Detour

Peter Margulies

NYU Press

This chapter examines the Bush administration's conspiracy prosecutions as the cornerstone of a new strategy for prevention after 9/11. It begins with an overview of the history and theory of conspiracy in criminal law and goes on to discuss the problem of false positives. It then considers conspiracy and anti-terror prosecution as an extension of legal detours in government, along with the dangers of using conspiracy as a weapon against terrorism and political violence. It also explains how conspiracy charges can improve public safety while respecting civil liberties, with particular emphasis on the use of internal and ethical criteria and the role of the courts in enhancing accountability and promoting prosecutorial deliberation.

Keywords:   conspiracy prosecutions, Bush administration, prevention, 9/11, false positives, legal detours, terrorism, political violence, courts

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