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Usa patriot act 2002
United States Patriot Act
Usa patriot act 2002
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Detention and Interrogation
Since 911, many people suspected of terrorism have been detained inside the United States. Most have been noncitizens. Under most federal laws, noncitizens can be detained for only 24 hours without being formally charged with a crime. However, the USA Patriot Act allows noncitizens suspected of terrorist activity to be detained without being formally charged with an offense for as long as it take to either prove that the detainees are not involved in terrorism or to gather enough evidence to press charges.
The book’s title, with its dry allusion to the separation of powers, does not do it justice. “Guantánamo and the Abuse of Presidential Power” represents the best account yet of what Mr. Margulies calls “a human rights debacle that will eventually take its place alongside other wartime misadventures, including the internment of Japanese-Americans during World War II, the prosecutions under the Espionage and Sedition Acts during World War I, and the suspension of the writ of habeas corpus during the Civil War.”
The first problem in considering Gua...
The book raises the importance of, and questions, the writ of habeas corpus. Carter used a writ of habeas corpus to get a federal trial. Many question the legality of Carter going into federal jurisdiction, when his case should have been heard before the Supreme Court of New Jersey. It was a gamble, but the federal judge gave fair justice to Carter and Artis. The State of New Jersey appealed the case all the way to the United States Supreme Court, which upheld the District Court’s ruling.
Charen presents her thesis prominently at the beginning of her essay in her title. By doing so, she not only clearly expresses her thesis that we must give up some liberty to secure the United States, but also peaks the interest of the reader with a provocative and timely statement. To understand the appeal of the title as a narrative hook, the reader should consider the context in which it was written. Charen’s essay was written at a post-9/11 time when security was on the minds of everyone in the United States.
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
Due to rising levels of danger along with the creation and utilization of new technology, the government of the twenty first century, are becoming more involved and protective similar to the government of Oceania in the book Nineteen Eighty Four by George Orwell. In the book Nineteen Eighty Four, the main character Winston Smith, commits acts that are not legal according to the government of Oceania. Winston commits crimes which include thinking bad things about the government of Oceania, or thought crime, plotting against the government of Oceania, and having sexual relations with a young woman named Julia. Eventually, Winston ends up getting caught by a hidden telescreen and two thought police informants. When Winston is caught, he is transported to a prison without being read rights, much less having any actual rights. While in prison Winston is deprived of food and sleep, received regular beatings, is brainwashed, and is tortured physically, mentally, and emotionally. This essay will show the reader what the modern day government of the United States of America does to its political prisoners and how this compares to the treatment of political prisoners in George Orwell’s book Nineteen Eighty Four.
Both authors try to put an exact number on the number of individuals that have been detained sine the inception of the Patriot Act to suit their respective arguments. David Cole states that the Justice Department had the number at 1,147 less than two months into the Justice Department’s investigation. The Justice Department, according to Cole, reportedly “responded by simply stopping its practice of announcing the running tally” (p3) due to “mounting criticism over the scope of the roundup”. (p3) Attorney General John Ashcroft gives a substantially lower number of individuals. In three month’s time, he states that 60 individuals had been placed into federal custody, and that 563 have been detained due to immigration violations. (p17) Attorney General John Ashcroft states that the Patriot Act is Constitutionally sound, and that he and the Justice Departmen...
Through the passing of the USA PATRIOT Act, the government can now search a “suspected” terrorist’s property without their knowledge and even without a warrant. Although this could be a well-needed exception to warrants, as it is the same way drug dealers and organized crime offenders have been investigated, identifying a “suspected” terrorist is not nearly as easy as an active criminal. As shown by the events of September 11, the terrorists that hijacked the planes were part of a “sleeper cell” which stays dormant until tipped off by somebody above them in the organization....
Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
Foner, Eric. "Chapter 9." Give Me Liberty!: An American History. Brief Third ed. Vol. One. New York: W.W. Norton, 2012. N. pag. Print.
After reviewing the article “Inside Interrogation: The Lie, The Bluff, and False Confessions”, it became very evident the huge problem with interrogations and false confessions in the criminal justice system is with false confession. Jennifer T. Perillo and Saul M. Kassin crafted three distinct experiments to try and better understand false confessions and how trues the actual numbers in real life are. What Perillo and Kassin were trying to prove is that “the bluff technique should elicit confessions from perpetrators but not from innocents” (Perillo, Kassin 2010). What is called the “Bluff Technique” is an interrogation technique that uses a sort of threat or hint that there is certain proof that a person will think is more of a promise for
21 . Robinson, Greg By Order of the President: FDR and the Internment of Japanese Americans,2003, Harvard University Press
Welch, Gruhl, Rigdon and Thomas (2011) assert that, according to Article II of the U.S. Constitution, the executive power is granted solely to the President of the U.S. This clause of the constitution has continued to draw significant constitutional debate since the ratification of the Constitution. For example, James Madison and Alexander Hamilton, in 1793 questioned whether the clause affords residual power to the President outside the enumerated powers stipulated in the Constitution. This debate is still significant in the contemporary times because it has a direct impact on the power of the President, and also, as an essential insinuation, it impacts on the freedoms and liberties of U.S. citizenry at home and in foreign countries. In this context, Pika and Maltese (2004) argue that, it is essential to mention a number of prominent Supreme Court cases that involve the outline of executive powers that have transpired, informed by in the perspective of foreign affairs, as well war. Therefore, it is not unforeseen that today, in the War on Terror, the...
A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement, and/or ties to threats of terror towards the United States will result the confinement of combatants, as solidified by the US Constitution, however, to what extent will they be forced to stay?. Residents of Guantanamo Bay are just; enemies of the state, accused individual that have been arrested and detain with minimal civil human rights to our jurisdictional due process that we American’s hold dear; with only a Writ of Habeas Corpus as their life line to legality and freedom. Although controversial in its conception and implementation by US presidential administration, judiciary members have cordially interpreted cases of questionable detention and the legality of doing so. It is truly unfortunate when individuals are tossed into confinement illegally with no help and/or the promise of their restorative freedoms (ACLU, 2014).
Police psychology is broadly defined as the application of psychological principles and methods to law enforcement. With the popularity of television shows like Criminal Minds and Law & Order: SVU, the job of a police psychologist has become more well known and even popular. As seen on these shows, a police psychologist can be helpful in profiling a criminal, but they also provide many other services to the members of a police department. Although the development of this field has a long history, police psychology as a separate entity is still relatively recent and growing. This intimate relationship between psychology and law enforcement can be traced back to almost a century ago.[1] It first developed out of a need for a variety of psychological services in the law enforcement field, including screening applicants and counseling during grief and stress situations. In the time that it has been around, it has proved to be a valuable resource for the law enforcement profession.
On Tuesday, September 23rd, I had the opportunity to do a ride along with the Takoma Park police department. My ride along was quite interesting. I rode with Officer Carl, a twenty-six-year-old officer who has been with the police department for six months. During the ride along we engaged in so many conversations concerning his work routine, and some the important things to be aware of as a police officer. Officer Carl and I were about the same age group so I felt much comfortable talking to him. Before I went for the ride along I had a different perspective about police work, I thought police work was much amusing and entertaining, but after the ride along with Officer Carl, I have realized that there is much more to police work and it often
Beaten, broken, burned, bruised, tortured. Torture is defined as a “deliberate, systematic, or wanton infliction of physical and mental suffering by one or more persons acting alone or on the orders of an authority to force another person to yield information, make a confession, etc” (Torture). Throughout history, torture has been used for extreme punishment or unreasonably hateful oppression but more recently torture has been used to force the weaker willed into talking. Torture is an extraneous way to get any information or a needed confession from a suspect and it has very terrible effects on those who do the torturing and those who have suffered/are suffering through tortured. Even though some people believe that using “enhanced interrogation”, or torture, techniques to get some potentially critical information and/or confessions, the negative effects on both the tortured and torturer are far too great to risk. Having to argue over destroying, harming, and beating a person is completely ridiculous though it has been around for a long time.