Ethical Issues in Defending a Terrorism Case: Stuck in the Middle

Authors

Joshua L. Dratel, New York State Association of Criminal Defense Lawyers

Abstract

The article discusses the ethical and legal challenges faced by criminal defense attorneys in terrorism cases, particularly focusing on the impact of Special Administrative Measures (SAMs), the Foreign Intelligence Surveillance Act (FISA), and the Classified Information Procedures Act (CIPA). These measures create significant barriers to effective legal representation, undermining the constitutional rights of defendants and the attorney-client relationship. The author argues that these practices not only impair the defense in terrorism cases but also risk encroaching on civil liberties in ordinary criminal cases.

Disciplines

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

Recommended Citation

Joshua L. Dratel, Ethical Issues in Defending a Terrorism Case: Stuck in the Middle, 2 Cardozo Pub. L. Pol’y & Ethics J. 81 (2003).
Available at: https://larc.cardozo.yu.edu/cplpej/vol2/iss1/9