Slahi Vs Obama

The definition of the European Union (2013) characterizes terrorism as an premeditated act with the aim of “seriously intimidating a population, or unduly compelling a government or international organization to perform or abstain from performing any act, or seriously destabilizing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization” (European Union, 2002, p. 4).

For our purposes, we will use the Title 22 of the US Code, Section 2656f(d), to define terrorism. It defines terrorism as “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents” (Central Intelligence Agency, 2013). Examples of terrorism persist on a near daily basis around the world. Unstable countries, such as Afghanistan and Syria, deal with terrorist attacks on a constant basis. The common thread of these attacks is deliberate targeting of civilian populations in order to achieve political objectives. The best known and largest example are

One way his rights were violated was in the fact that he never had the presumption of innocence. John Lindh did not have the luxury of being presumed innocent until proven guilty. As shown in the article Lost in the Jihad which quotes Attorney General John Ashcroft professing his guilt at a press conference, in advance of Lindh’s indictment, relating Lindh as “an Al Qaeda-trained terrorist” (qtd. in Mayer, 1).

The Patriot Act has voided many right granted by the Bill of Rights; the Fifth Amendment grants the right to due process and freedom from being held without charge and the Sixth Amendment grants the right to legal representation. In the United States Americans are now being held in jail without a formal charge and without the ability of confronting the witness. Under the Fifth Amendment every person is afford the right to due process. For example, Albador Al-Hazmi was an American Citizen who was held incommunicado for days as a material witness (p.131). Hazmi was denied due process and also held without representation of an attorney. The Sixth Amendment under the Patriot Act denied American’s legal representation for months and legal conversation

The writ of habeas corpus provides individuals with protection against arbitrary and wrongful imprisonment. But it does not necessarily protect other rights, such as the entitlement to a fair trial. In our country anyone accused of a crime is presumed innocent until proven guilty. This seems to be the case unless you are accused of terrorism, then you are held outside of the US and are not subject to the same laws or privileges allowed within US jurisdiction.

States has ever seen: The Oklahoma City Bombing in 1995 and the 9/11 attacks. The

After the attacks, Arab Muslim men were arrested by the FBI, numbers in the thousands. Javaid Iqbal, who was one of these men and considered “high interest”, was imprisoned at the Metropolitan Detention Center in Brooklyn, New York. After being released, Javaid accused the Detention Center of mistreatment while in their custody. A few of these accusations included: confinement from the other prisoners, direct contact with blinding light for twenty-three hour spans, and the air conditioning in full blast, even during the winter months. Javaid brought a suit against the Department of Justice, Bureau of Prisons, and FBI alleging 21 violations of his statutory and constitutional right. The Us court of appeals for the second circuit stated that since these allegations were directly after the attacks of September 11th the court is going to hold them in to special regards. The court acknowledged all accounts by the district court except the right to due process. Due process is the act in which the government respects all of the legal rights of a person according to the law. (http://en.wikipedia.org/wiki/Due_process) The government was protected under immunity in regards to due process. Since the other accounts were considered "serious allegations of gross

They elucidate that terrorism is a “premeditated, politically motivated, violence perpetrated against noncombatant targets by subnational groups of clandestine agents, usually intended to influence an audience,” (National Institute of Justice).

On Monday, April 15, 2013, two brothers, Tamerlan and Dzhokhar Tsarnaev, detonated a homemade bomb near the Boston Marathon killing three people and maiming dozens others. Tamerlan, the older brother died in the process leaving Dzhokhar to answer for the heinous crime. Critics are advocating that the surviving bomber, being a US citizen, should have been read his rights before extracting any information from him. Granted that Tsarnaev, a US citizen 's Sixth Amendment of the Bill of Rights were violated, his citizenship became questionable when terroristic acts were committed against America. Because the FBI and law enforcement agencies’ first and foremost agenda was to keep Americans safe, answers were needed immediately to determine if there were plans for bombing other U.S. cities, and they made the most logical decision within the context of the law to react quickly by delaying Tsarnaev’s Miranda Rights justifiably.

The U.S Law definition of terrorism is defined an act that is dangerous to human life or potentially destructive of critical infrastructure or key resources; and is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping (U.S. Legal). Today’s terrorism would be best described as “mala in se” concept of the criminal justice system. Just look at the memorable U.S. terrorist attack, September 11, 2001, resulted in 2996 innocent deaths. This attack was premeditated attack against innocent non-combatant civilians. The acts of September 11th 2001 were morally proscribed offenses are those that cannot be justified in a sophisticated society. In our textbook the moral convictions of a terrorist is “unambiguous certainty of the righteousness of their cause; to them, there are no gray areas” (Martin, 2010). Terrorist feel that their interest are the only way and no one can reprimand them for their action because they are justified by their interest. Some terrorist group’s moral convictions most time come from them feeling as though they have been wrong by a more powerful evil. Others group’s moral convictions come from the superiority complex, these groups

Suspects can also be detained indefinitely in six months increments without any real judicial review. This goes against the first, the fifth, both of which are stated in the paragraphs above. It also goes against the fourteenth, eighth and sixth amendment. The fourteenth amendment states that all persons (Citizens and non-citizens) within the US are entitled to due process and the equal protection of the laws. The eighth amendment states that no excessive bail or cruel and unusual punishment shall be imposed. The sixth amendment states that everyone has the right to a speedy public trial by an impartial jury, right to be informed of the facts of the accusation, right to confront witnesses and have the assistance of counsel.

In the Sixth Amendment, it guarantees the rights of criminal defendants. Also, including the right to a public trial, the right to a lawyer, and the right to a jury. Everybody, including, terrorists should have a right to a jury, lawyer, and your accuser(s). Trials are a not an if, and, or but statement. Everyone deserves a trial.

The terrorism act of 2006 bases its definition from the terrorism act of 2000 that indicated terrorism to be the usage of threat of action that fulfils three circumstances; (1) an action that includes severe violence against another person or causes severe harm to belongings, jeopardizes a person’s life (apart from the person that is committing the action), generates a severe menace to the well-being or security of the public or a section of the public, or is considered earnestly to interfere with or seriously to disorder an electronic system; (2) the use or threat of action is designed to impact the government or an intergovernmental organisation or to frighten the public or a segment of the public; and (3) the usage or menace is made for

Since the concept of terrorism did not originate in China and retains much ambiguity, it is helpful to understand the local characters within a comparative framework. The fundamental question then becomes what is terrorism in the contemporary world. In the United States (“U.S.”), the Executive Order 13224 defines “terrorism” as “activity that (1) involves a violent act or an act dangerous to human life, property, or infrastructure, and (2) appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking.” Despite that existing legal scholarship has paid much attention to the wide range of definitions of terrorism, the U.S. version is sufficient for the purpose of this paper.

Think of the word terrorism. What is the first thing that comes to mind? One might think of kidnapping, assassination, bombing, or even genocide and guerrilla warfare. Because it is such a broad and complex issue, an all-encompassing definition is hard to formulate. The United States Department of Defence defines terrorism as…