British tradition and the American Constitution guarantee trial by jury for serious crime.1 But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways.

First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence.

Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, juries may be sympathetic to those engaged in violence and may acquit the guilty. Alternatively, following a terrorist attack, juries may be biased. They may identify with the victims, or they may, consciously or unconsciously, seek to return a verdict that conforms to community sentiment. Jurors also may worry about becoming victims of future attacks.

Third, the presence of jurors may limit the type of information provided by the state. Where national security matters are involved, the government may not want to give ordinary citizens insight into the world of intelligence. Where deeply divisive political violence has been an issue for decades, the state may be concerned about the potential of jurors providing information to terrorist organizations.

These risks are not limited to the terrorist realm. Criminal syndicates, for instance, may try to intimidate juries into returning a verdict of not guilty, and public outrage often accompanies particularly heinous crimes. But the very reason why these other contexts give rise to a similar phenomenon is because terrorist crimes have certain characteristics-characteristics that may be reflected in other forms of crime, but which are, in many ways, at the heart of what it means for an act to be terrorist in nature: terrorist organizations are created precisely to coerce a population, or specific individuals, to accede to the group's demands. The challenge is political in nature, and the method of attack is chosen for maximum publicity. Terrorist organizations, moreover, can and often do use information about the state to guide their operations. It is in part because of these risks that the United Kingdom and United States have changed the rules governing terrorist trials-at times eliminating juries altogether.

This Article reflects on the relationship between terrorism and jury trial and explores the extent to which the three dangers identified can be mitigated within the criminal-trial framework.2 It does not provide a comprehensive analysis of the rich case law and literature that address jury trial-one of the most studied legal institutions on both sides of the Atlantic. Instead, its aim is more modest: The text weighs the advantages and disadvantages of suspending juries specifically for terrorism. Here, the United Kingdom's experiences prove illustrative. The Article considers the extent to which similar concerns bear on the U.S. domestic realm, and the decision to try Guantánamo Bay detainees by military tribunal. It suggests that the arguments for suspending juries in Northern Ireland are more persuasive than for taking similar steps in Great Britain or the United States.

This Article then considers ways to address concerns raised by terrorism that stop short of suspending juries. Juror selection, constraints placed on jurors, and the conduct of the trial itself provide the focus. Of these, emphasis on juror selection, although not unproblematic, proves most promising. Again, distinctions need to be drawn between the United Kingdom and the United States. In the former, for instance, occupational bars to jury service could be lowered, while in the latter, increased emphasis on change in venue may prove particularly effective. Changes in the second category, constraints on jurors, may be the most damaging to the states' counterterrorist programs. Finally, while changes in the trial process may help to address risks, they also may prove contentious and be prone to seeping into the criminal realm. The Article concludes by questioning whether and to what extent such alterations could be insulated from the prosecution of non-terrorist criminal offenses.

Chapter 4 in Terrorism Financing and State Responses: A Comparative Perspective (Stanford 2007), edited by Harold Trinkunas and Jeanne K. Giraldo.

This chapter uses a rational choice approach to examine the political economy of terrorist financing. To date, much of the theoretical literature and almost all government-sponsored reports discuss terrorist organizations as though they are made up of ideologically driven purists who share a uniform commitment to the cause. This assumption is needed to explain how these organizations can both (1) efficiently distribute funds and (2) operate covertly without the checks and balances most organizations require. However, upon closer inspection, one often sees substantial differences in the preferences of key players in terrorist networks. Two selection processes explain why these differences exist, and a principal-agent framework shows how these differences lead to inefficiencies in terrorist financial systems. Terrorist organizations face a trade-offbetween enduring the inefficiency or employing corrective strategies that create vulnerabilities. Governments can undertake specific actions to make this trade-offmore problematic.

The book examines financial and material resources, correctly perceived as the life blood of terrorist operations. Governments have determined that fighting the financial infrastructure of terrorist organizations is the key to their defeat. Since the attacks of September 11, 2001, a good deal has been learned about sources and mechanisms used to finance the "new" terrorism, which is religiously motivated and exponentially more deadly than previous generations of terrorist organizations. New policies have been devised to combat the threat and existing policies have been enacted with greater vigor than ever before. Five years into the battle against terrorist financing, it is time to take stock of the emerging literature on terrorist financing, cut through a number of myths that have developed around the issue, and assess the current policy debates.

Through a series of thematic chapters and organizational and regional case studies--examining terrorist organizations such as Al Qaeda and Hezbollah, and regions such as East Africa, Europe, Latin America, the Middle East, and South East Asia--the authors provide a comprehensive assessment of the state of our knowledge about the nature of terrorism financing, and the evolution and effectiveness of terrorist strategies and government responses. This volume focuses on the preferences of major actors within terrorist networks and government agencies and the domestic and international contexts in which they make decisions and execute their strategies. It argues that both terrorism financing and government responses face problems of coordination, oversight, and information asymmetries that render them vulnerable to disruption.