Examining the Legal Landscape of Domestic Terrorism: What Is It & How Do We Prosecute It?

A popular and controversial topic among media, politicians, law enforcement, and the legal community is "domestic terrorism." There have been calls for a federal statute aimed at it, and for more vigorous enforcement of existing laws. Yet the term itself is not necessarily defined as the same colloquially as it is in the law. There is also confusion regarding just what conduct can be prosecuted as domestic terrorism, and whether enforcement mechanisms available for targeting international terrorism can be used for domestic terrorism or domestic terrorist organizations.

This program, taught by criminal defense attorney Josh Dratel, will survey the legal landscape of domestic terrorism, including what laws are available to prosecute it, whether those laws can provide adequate coverage and punishment, and how they have been applied. The program will also review the pitfalls of a potential domestic terrorism statute, how the approaches to international terrorism and domestic terrorism have merged, and how they remain divergent.  

Learning Objectives:

1. Define "domestic terrorism"
2. Differentiate between international and domestic terrorism 
3. Review current domestic terrorism laws
4. Explore the pitfalls of a potential domestic terrorism statute