Ethical Issues in Defending a Terrorism Case: How Secrecy and Security Impair the Defense of a Terrorism Case

Authors

Joshua L. Dratel

Abstract

The article discusses the unique ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly highlighting the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These laws and regulations, expanded post-September 11, 2001, create significant barriers to effective representation, undermining the attorney-client relationship and constitutional protections. The article emphasizes how these measures not only complicate terrorism cases but also risk bleeding into other areas of criminal law, eroding civil liberties more broadly.

Disciplines

Criminal Law | Criminal Procedure | Law | Legal Ethics and Professional Responsibility

Recommended Citation

Joshua L. Dratel, Ethical Issues in Defending a Terrorism Case: How Secrecy and Security Impair the Defense of a Terrorism Case, 2 Cardozo Pub. L. Pol’y & Ethics J. 81 (2003).
Available at: https://larc.cardozo.yu.edu/cplpej/vol2/iss1/11