Terrorism Prosecution Statistics

Although much of the post-9/11 national security law debate tends to focus on the military and intelligence-gathering aspects of counterterrorism, the fact remains that federal criminal prosecution remains a major mode of response to the problem of terrorism at least in some circumstances (certainly when it comes to persons present within the United States, notwithstanding the significant but isolated counterexamples of former and current military detainees Jose Padilla and Ali Saleh Hahlah al-Marri, and the important role also played by immigration law).  Indeed, one could hardly go two weeks this past summer without news of some high profile arrest in a terrorism-related case. 

DoJ's most recent fact sheet regarding post-9/11 prosecutions states that "288 defendants have been convicted or have pleaded guilty in terrorism or terrorism-related cases arising from investigations conducted primarily after Sept. 11, 2001," and that "approximately 168 other defendants . . . have been charged since Sept. 11, 2001, in connection with terrorism or terrorism-related investigations" [the document explains that the latter "cases are either still pending in federal courts, have not resulted in criminal convictions, or involve defendants who are fugitives or are awaiting extradition"].  Various organizations have criticized prior iterations of this type of DoJ data (see here and here), claiming variously that the numbers are inaccurate or that the data in any event overplays the significance of the cases involved.  TRAC - the Transactional Records Access Clearinghouse (at Syracuse) - has been particularly influential in raising questions about DoJ terrorism prosecution data.  In its most recent report, for example, TRAC argues that the number of prosecutions over the past years or so is somehow smaller than should be expected in light of prevailing trends in the nature of the threat of terrorism, and also that "typical sentences recently imposed on individuals considered to be international terrorists are not impressive."

As Orin Kerr wrote recently, the former criticism from TRAC (regarding the number of prosecutions) may be unfair, given that "you can spin the numbers however you want" in the absence of information about the particulars of each case pursued (and not pursued).  As for the former, the relatively low median sentences reported by TRAC (a month or less) at least in part reflects the fact that the universe of investigations categorized at the referral stage as terrorism-related these days frequently end up with immigration or social security fraud charges that tend to produce relatively small sentences, if any at all.  A while back, this got me to thinking: wouldn't it be helpful to the debate if we had more narrowly-framed charge-and-disposition data?  Consider TRAC's suggestion that DoJ's terrorism prosecutions ultimately are disappointing because of the low aggregate median sentence.  Assuming that social security and other minor charges were probably dragging the data down a bit (or perhaps quite a lot), it seemed to me that it would be more interesting to know the disposition and sentencing data relating to specific offenses such as 18 USC 2339B, the law prohibiting the provision of material support or resources to designated foreign terrorist organizations. 

And so I've spent a great deal of time in recent years collecting such information with respect to a handful of terrorism-related statutes.  At least some of this data will appear in my forthcoming article addressing the scope of federal criminal law as it relates to suspected terrorists who cannot be linked to a designated foreign terrorist organization (more on this soon after I have the draft up on SSRN and have sorted out its placement).  For now, I'd just like to share some of the information that probably will not appear in that particular piece.

During the three-year period from September 2001 through the end of September 2004, there were at least 26 cases including at least one terrorism-support count under either 18 USC 2339B or its IEEPA-based cousin, 50 USC 1705.  Sixty-seven individual defendants were charged under either or both statutes in these cases, with a total of 404 separate counts (205 under 2339B, 199 under 1705).  Recognizing that support charges at times are merely that (i.e., efforts to reduce the flow of support to designated FTOs) but at other times are simply a readily-available charge for incapacitating a person whom DoJ suspects poses a personal threat of violence, I chose to divide these cases into two group depending on whether the government alleged that the individual in issue had received military-style training from an FTO or otherwise had been personally involved in violence in the past.  I'm still working with the numbers a bit, but as of a few weeks ago 43 counts in training-related cases had reached their disposition, and the same was true for 64 counts in "pure-support" cases. 

For the training cases, the dispositions break down as follows (measured by count): 14 counts resulted in guilty pleas; 1 count resulted in a bench trial conviction; 24 were dismissed in connection with a plea to other charges; 2 resulted in bench trial acquittals; and 2 were dropped upon the death of the defendant.

For the pure-support cases (measured by count): 11 guilty pleas; 13 jury trial convictions; 4 dismissals in connection with pleas to other charges; 6 dismissals by court order; and 30 jury trial acquittals.

And the sentences?  Information is available for all 15 training-case convictions, and for 23 of the 24 pure-support convictions.  Here is what I found (note that the sentences below are given in months):

	Training Cases § 2339B	Training Cases § 1705	Training Cases - Both	Non-Training Cases § 2339B	Non-Training Cases § 1705	Non-Training Cases – Both	All categories
Mean	126.67	88	110.57	150.35	85.67	133.48	124.68
Mode	120	90	114	180	90	180	120

Generally speaking, this suggests that successful terrorism-support prosecutions are weighing in at about 10 years' imprisonment in the typical case.  It's only one type of charge, of course, and as the information above shows the government is not always successful when using it.  Still, this does suggest that a nuanced approach is helpful when considering the lessons that might be gleaned from data of the type reported by TRAC. 

I'd be very curious to know whether you find this type of exploration useful, problematic, irrelevant, etc.

Comments

[buy generic viagra]

Civilization is based on a clearly defined and widely accepted yet often unarticulated hierarchy. Violence done by those higher on the hierarchy to those lower is nearly always invisible, that is, unnoticed. When it is noticed, it is fully rationalized. Violence done by those lower on the hierarchy to those higher is unthinkable, and when it does occur is regarded with shock, horror, and the fetishization of the victims.

[Viagra]

To be honest, this article made me understand the genuineness. I understood many things, Related to the topic. I keep on wondering why people keep on wondering so much on the topic. People should start reading your blog in order to get maximum information on the stuff. Things will become more significant after reading your articles. The way these article are full of information and the comments posted show the popularity of your posts.

[Generic Viagra]

Hi..

Nice post, I would like to request you to one more post about that

[simon]

Hi..
http://www.genericsmed.com
Nice post, I would like to request you to one more post about that

[generic viagra]

Wow, nice post,
there are many person searching about that now they will find enough resources by your post,

[generic viagra]

Wow, nice post,
there are many person searching about that now they will find enough resources by your post,

Thanks @@@@

[julia]

Wow, nice post,
there are many person searching about that now they will find enough resources by your post,
http://www.bellspharmacy.com/
Thanks @@@@

[Astrology Readings]

Great ... loved it!!! will be waiting for your future posts!!
Thanxxx for sharing

[ゾフラン]

Hi there,
Really nice job,There are many people searching about that now they will find enough sources by your tips.
Also looking forward for more tips about that

[Mc Arthur]

The article is worth while reading, I like it very much and which you shared the info in this post is very useful. Thanks for sharing a wonderful post.

[Mc Arthur]

The article is worth while reading, I like it very much and which you shared the info in this post is very useful. Thanks for sharing a wonderful post.

[LONDON ESCORTS]

This is a good post and with this “worldwide web” it will reach all corners of EARTH in seconds, technological advancements are making this world a much smaller place and being a small entertainment group that travels worldwide at short notice, yes its surely becoming a smaller place... :-)
INDIAN ESCORTS LONDON
ARAB ESCORTS LONDON
ESCORT EMPLOYMENT
ESCORTS LONDON

[bohyme]

thanks for you nice information
I am very impress with your knowledge
Thanks again...

[janet collection]

yeah I am agree with your bohyme
his knowledge about terrorist is just awesome

[Velvet Remi]

the fact that the terrorist and their effect is increasing is really sad. hoping that they will be neutralized as soon as possible.

[xyz]

this was lovely post

To Get a Boyfriend | To Find a Boyfriend | How to Get a Guy