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Title: Criminal prohibitions on membership in terrorist organizations
Authors: Levanon, L
Keywords: Terrorist organizations;Membership;Guilt by association;Overcriminalization;Conspiracy
Issue Date: 2012
Publisher: University of California Press
Citation: New Criminal Law Review 15(2), 224-276, 2012
Abstract: The article analyzes prohibitions on membership in terrorist organizations and examines their justifiability. It begins by providing a definition of a terrorist organization. It then describes the far-reaching modern prohibitions on membership in terrorist organizations in various jurisdictions. The article goes on to provide a doctrinal analysis of membership offenses. Based on similarities with conspiracy doctrine, membership offenses are analyzed as expansions of attempt law or, in some cases, of complicity doctrines. The justfiability of this expansion is examined. The article introduces a distinction between exclusively terrorist organizations, passive membership of which can be legitimately prohibited under certain conditions, and ancillary and dual-purpose organizations, passive membership of which cannot be legitimately prohibited. Next, the justiflability ofprohibiting more active forms of membership in each of these types of organizations is discussed. Last, guidelines for the legislation of appropriate prohibitions are proposed.
Description: @ 2012 by the Regents of the University of California. All rights reserved.
ISSN: 1933-4192
Appears in Collections:Law
Dept of Politics, History and Law Research Papers

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