Here's something I read that might be relevant to the discussion. It's titled "Preemption vs. Prosecution: Strategies In Combating Terrorism
Here is an excerpt:
Experts on both continents say the problem comes from the United States' rush to put together a counterterrorism strategy after 9/11. The biggest European countries started cracking down on terrorism in the 1970s, when nationalist and leftist groups were most active. The extra decades have given them time to adapt law enforcement and the courts to the extra demands of terrorism prosecutions.
In France, "a long tradition of internal subversion has created more tolerance for what we'd consider police state activities," according to Jeremy Shapiro, an expert in French counterterrorism at the Brookings Institution in Washington. He said police routinely listen in on mosques and have broad power to detain people without charge. "Before the 1998 soccer World Cup, they went downtown and rounded up the usual suspects. They just hold them for up to four days with no charge." In Britain, police can arrest anyone associated with a named terrorist group. In Spain, judges have far more power than in the United States, with the ability to hold people in detention for up to four years without charges and to direct investigations and police resources.
American law grew more strict in the 1990s, after the first World Trade Center bombing, the Unabomber and the Oklahoma City bombing. The 1996 antiterrorism law increased domestic surveillance and boosted law enforcement capabilities. According to Michael Scheuer, who from 1993 to 1996 led the CIA's task force tracking Osama bin Laden, the CIA began disrupting Al Qaeda cells abroad during the Clinton administration and transferring detainees to other countries. But within the United States, terrorists like the first World Trade Center bombers were tried in criminal court under heavy guard, rather than in the military tribunals currently in planning for Guantánamo detainees.
Before 9/11, the U.S. and Europe both viewed the other as complacent on terrorism. According to Dale Watson, former chief of the FBI's counterterrorism bureau in Washington D.C., the Europeans did not take the Al Qaeda threat as seriously as Hezbollah and domestic terrorist groups. European officials worried that the United States was too focused on civil liberties rather than crime fighting.
The rest can be found at
http://www.pbs.org/wgbh/pages/frontline/shows/front/special/pre.html