When charges of terrorism are made, courts must strive to balance the rights of the parties, particularly the accused, on the one hand, and national security, on the other. Special and sometimes unique questions may arise in such cases, including admissibility of evidence, deference to the other branches of government, and prosecutors' duties of disclosure. Throughout, the system must avoid any appearance of departure from open justice, to satisfy the press and retain public confidence. During a January 2008 workshop, sponsored by the RAND Center for Global Risk and Security and the Merrill Center for Strategic Studies of the Paul. H. Nitze School of Advanced International Studies, the central legal questions that emerged concerned how to try suspected terrorists, against what laws, by what court or tribunal or commission system, and with what procedural and evidentiary safeguards.
Renwick, James and Gregory F. Treverton, The Challenges of Trying Terrorists as Criminals: Proceedings of a RAND/SAIS Colloquium. Santa Monica, CA: RAND Corporation, 2008. https://www.rand.org/pubs/conf_proceedings/CF249.html.
Renwick, James and Gregory F. Treverton, The Challenges of Trying Terrorists as Criminals: Proceedings of a RAND/SAIS Colloquium, RAND Corporation, CF-249-CGRS, 2008. As of February 15, 2024: https://www.rand.org/pubs/conf_proceedings/CF249.html