Reference Reviews

Doug’s Student Reference Room

Terrorism, edited by David M. Haugen and Susan Musser. 218 p. Farmington Hills, MI: Greenhaven Press, 2008. ISBN 13: 978-0-7377-3982-4. $36.20.

One of the most contentious issues arising from the U.S. “War on Terrorism” is the extent to which due process should be afforded suspects in terms of incarceration, legal representation and trial in federal or military courts. The outstanding introduction provides context and frames the legal issues, which revolve around civil rights, the authority of federal and military courts, the power of the executive branch and the ultimate strength of the U.S. constitution. The first chapter focuses on trying suspects in federal courts, with special attention to the case of Zacarias Moussaoui, implicated in the September 11, 2001 bombings. Included in this chapter are the opening statements from both prosecution and defense, as well as reflections on the outcome of the trial and the extent to which the media was allowed to cover the proceedings. The second chapter explores the rights of due process that should be given to “enemy combatants.” Supreme Court justices Sandra Day O’Conner and Antonin Scalia offer conflicting opinions in their legal decisions, followed by essays leaning either toward the preservation of rights or national security in a time of great threat. The third chapter looks at military commissions, again with contrasting legal opinions offered by Supreme Court justices, this time John Paul Stevens and Samuel Alito. Four additional essays in this chapter explore the extent to which the U.S. has observed the Geneva Conventions and the boundaries of power exerted by the Supreme Court, the Congress and the office of the President. The final chapter explores how long suspected terrorists can be held without charge. As with previous chapters, this section begins with conflicting legal opinions by Supreme Court members, followed by reflections from the American Civil Liberties Union and the Criminal Justice Legal Foundation. As the introduction points out, the way this nation acts on its notions of justice will largely account for the price it is willing to pay for victory in the war on terror. As with other volumes in the Issues on Trial series, this volume concludes with a list of relevant organizations and a brief bibliography of books and periodicals for further reading. This collection does an excellent job of articulating the arguments that create a tension between civil rights and national security, offering primary source legal documents and thoughtful reflections about what this nation values. Highly recommended for high school, community college and public libraries.
—Doug Achterman