Problem
Consider and review the various procedural safeguards that you have learned in this course. Reflect not only upon procedural rules relating to trial (i.e. fair trial rights, e.g. pre-trial publicity) or abuse of process but consider also more broadly the procedural safeguards that pertain to investigations, controlled operations, searches, arrests, right to silence, cautions (warnings against incrimination), questioning, interrogations, time limits regarding questioning, confessions, etc.
This problem will require you to engage in some research. You may use the internet, law journal data bases, and any other resource you find helpful.
Identify two procedural safeguards pertaining to investigations (see first paragraph) or trials (i.e. fair trial rights or abuse of process) that have been modified or changed in the context of investigating and/or prosecuting terrorism (or terrorism crimes) or in the context of counter-terrorism measures. For each issue that you identify, be sure to discuss:
1. The nature of the safeguard or procedural protection you are examining;
2. The scope and application of that safeguard in the context of ordinary crimes.
3. How it has been modified or changed when it comes to investigating and prosecuting terrorism (or other counter-terrorism measures).
4. Your evaluation, critical reflection, and/or opinion about the change or modification (is it reasonable? Justifiable? Effective? Etc.)