Duke Law School

Civil Liberties Online

Prosecutorial Tools: Sharpening the Government's Prosecutorial Tools against Terrorism

The changes made by the USA PATRIOT Act regarding the available prosecutorial tools against terrorism can be thought of as belonging in two distinct categories: those that enhance the prosecutorial ability while staying within the paradigm of law enforcement, and those that increase the government’s ability to prosecute activities that merely may lend support to terrorism, but are not themselves terrorist acts.  Those provisions in this latter category reflect the Act’s increased emphasis on interception and obstruction of terrorism. These are often the provisions that have the greatest potential to affect civil liberties.