Elon Law Review - Fall 2011 Symposium - October 21, 2011

Terrorism’s Impact on Criminal Justice: How the Detection, Investigation, and Prosecution of Criminal Activity Has Changed Since 9/11

9-9:15 AM OPENING REMARKS

PANELS

9:15-10:30 AM PANEL ONE: PROSECUTION

How the prosecution of crime has changed with the use of social media, immigration proceedings, and military tribunals.

The methods for prosecuting suspected terrorists have evolved in the decade following the 9/11 attacks. Social media have become a useful tool for tracking and prosecuting individuals.  Military proceedings have also become more prevalent, and increasingly controversial, in light of the Supreme Court’s decisions in Hamdi, Hamdan, and Boumediene. Likewise, the integration of immigration law enforcement and the criminal justice system has produced consequences which extend beyond the context of terrorism prosecutions.

11 AM-12:15 PM PANEL TWO: CIVIL LIBERTIES

How the war on terror has a ected civil liberties in post 9/11 America.

The debate over the Patriot Act and other surveillance legislation has increased public awareness of civil liberties, including privacy, due process, and equal protection. Nevertheless, the threat of terrorism has enabled the government to implement new tactics which greatly affect those rights. One area in which this dynamic is evident is the use of criminal informants—not just in terrorism prosecutions—but also in the criminal justice system at large.

1:30-2:45 PM PANEL THREE: INVESTIGATION

How judicial and legislative interpretation of the Fourth and Fifth Amendment have changed.

The events of 9/11 are possibly redefi ning the scope of the Fourth Amendment in regard to searches and seizures, as well as the Miranda warnings required under Fifth Amendment jurisprudence. For example, airport searches are more frequent and extreme, as demonstrated by the controversial use of  full-body scanners. Questions concerning the scope of the public safety exception have also arisen.

3-3:05 PM CLOSING REMARKS

NOTE: Each panel will be followed by a fi fteen minute question and answer session.


PARTICIPANTS

The Honorable V. Stuart Couch, Immigration Judge, Charlotte Immigration Court

Arnold Loewy, George R. Killam Jr. Chair of Criminal Law, Texas Tech School of Law

Tim Lynch, Director of the Project on Criminal Justice at the Cato Institute

Everette Penn, Associate Professor of Criminology, University of Houston-Clear Lake

Keith Petty, U.S. Army JAG Corps, legal advisor to the Commanding General, 5th Signal Command

Michael Rich, Assistant Professor of Law, Elon University School of Law

Julian Sanchez, Research Fellow at the Cato Institute

Yolanda Vázquez, Clinical Supervisor and Lecturer, University of Pennsylvania School of Law

Tung Yin, Professor of Law, Lewis & Clark Law School


MODERATORS

Eric Fink, Associate Professor of Law and Jennings Emerging Scholar, Elon University School of Law

Scott Gaylord, Associate Professor of Law, Elon University School of Law

Michael Rich, Assistant Professor of Law, Elon University School of Law


The symposium is a CLE approved event and attorneys may receive 4.5 credit hours towards their general hours requirement; however, the symposium is open to all members of the community and all are welcome to attend. There is no admission cost for this event. To attend, please contact the Symposium Editor of the Elon Law Review at lawreviewsymposium@elon.edu.

Each year, the Elon Law Review publishes a Symposium Issue exploring an emerging issue deserving of in-depth analysis by legal experts. Past issues have explored the death penalty and emerging frameworks in international business transactions.