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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Intercept evidence and terrorist prosecution: the debate continues

In an article entitled "Intercept Evidence and Terrorist Prosecution: The Debate Continues," RUSI, the Royal United Services Institute, reports on the growing debate on the admissibility of intercepted communications in court. A recent report prepared by advocacy group Justice, entitled Intercept Evidence: Lifting the Ban, comments on the different arguments before ultimately concluding that the ban "is archaic, unnecessary, and counter-productive." RUSI notes, however, that the report is "pushing on an already open door." 

To this end, the article discusses the 2006 interviews with Attorney-General Lord Goldsmith, at which time he suggested the intercept evidence ban should be lifted. This sentiment was echoed by those in similar positions including the Director of Public Prosecutions, Ken Macdonald, and the Commissioner of the Metropolitan Police, Sir Ian Blair. RUSI reports even the Security Service in September 2009 has intimated that it would support the admissibility of telephone intercept evidence in court with certain reservations emphasized. For the full text of the article, click here

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