“The Slow Creep of Complacency”: Ongoing Challenges for Democracies Seeking to Detain Terrorism Suspects
Bibliographic record
Abstract
This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards some system of preventive detention and abridged judicial process for terrorism suspects continues, in various forms, in each of these countries. It appears that this ongoing tension between some national high courts and political branches of government may be based, in part, on the judicial role of safeguarding constitutional protections, while the other branches have increasingly become reliant upon a form of discourse that may be at odds with those principles, and much of which was developed in a time of perceived emergency. The premises on which detention practices have been altered may not have been fully assessed in the years after 9/11 by those in policy-making positions. This ongoing tension and continuing uncertainty as to the status of certain constitutional protections may have larger implications for the viability of long-standing constitutional norms, as well as for larger criminal-justice standards, and those implications must be further examined before any such changes do, indeed, become permanent.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.036 | 0.094 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.019 | 0.020 |
| Scholarly communication | 0.014 | 0.016 |
| Open science | 0.004 | 0.011 |
| Research integrity | 0.017 | 0.021 |
| Insufficient payload (model declined to judge) | 0.025 | 0.006 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".