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Journal Article

Citation

Lochner T. Law Policy 2008; 30(2): 168-193.

Copyright

(Copyright © 2008, Baldy Center for Law and Social Policy, State University of New York at Buffalo, Publisher John Wiley and Sons)

DOI

10.1111/j.1467-9930.2008.00273.x

PMID

unavailable

Abstract

Using Justice Department antiterrorism efforts as a case study, this article expands upon existing theories of pretextual prosecution by distinguishing a law enforcement system that employs a pretextual strategy from one that employs what I term technical or disingenuous prosecutions. Contrary to Justice Department claims, the data suggest that since September 2001, federal investigators continually have referred a large number of specious antiterrorism matters to federal prosecutors. The data further suggest that federal prosecutors are more likely to be engaging in technical or disingenuous prosecutions than pretextual prosecutions.

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