Stuck in limbo: Examining the implications of custodial detention duration among Foreign Terrorist Fighters

• In Event: Roundtable: Challenges and Strategies for Reintegrating Individuals Connected to Violent Extremism

Abstract

Custodial detention is a ubiquitous experience for U.S. citizens suspected of acting as foreign terrorist fighters (FTFs), and their families. Prosecutors are tasked with charging and repatriating FTFs based on limited access to evidence, investigative tools, and resources otherwise available in domestic prosecution. To date, the empirical literature has discussed the legal and social implications for host countries and communities. This study extends existing work by considering the nature and implications of detention during investigation prior to charging, including its impacts on the severity of charging decisions and case and sentencing outcomes for offenders and their families. We leverage existing data on individuals charged with FTF-related offenses in the United States, including court records, charging documents, and available open-source materials. We further discuss the applicability of pretrial detention literature in this highly irregular set of circumstances within the national security investigations context. This study contributes to a more nuanced understanding of the intersection between national security and criminal justice procedures.

Authors

• Michael H. Becker, NCITE

• Brenna Helm, NCITE

• Austin Doctor, University of Nebraska Omaha / NCITE