Journal #6 Criminal Law May 8 2010 Chapter Eleven & Twelve Summary: Chapter Eleven: Terrorism, Treason, and Sedition The goals of those that commit crimes of terrorism are disruption of government based on ideological, political or religious views. They are sometimes under the direction of another government or act as a group. Treason is the only crime that is written within the Constitution. The acts required for treason are: (1)declaring war against the US (2) Joining the enemy (3) giving the enemy Aid and Comfort. It requires the testimony of two witnesses or a confession to prove treason.
There is a short list of people who have been found guilty of treason because of the two witness requirement. Sedition is the “act of inciting violence or insurrection against a government. ” The crime of sedition was born in the late 1700’s under the Alien and Sedition Act. During this time, the law prohibited publication of false, scandalous, and harmful stories about the government. These laws were not popular amongst the people and upon expiration they were abolished. Sedition exists today under the Logan act, and prohibition of conspiracies. Terrorism Laws
The federal government and each of the states have laws against terrorism. Although these crimes are focused at disrupting the government , they are normally committed against people and property. The Federal government separates international and domestic terrorism as defined under 18 U. S. C. 2331. The three main elements under this code of defined terrorism are: •Commission of a crime •Intention to coerce a population or government •Accomplished by intimidation or fear Throughout the years and as a result of terrorist acts, new laws have been enacted. One such law is the Antiterrorism and Effective Death Penalty Act of 1996.
This was introduced in response to the 1996 bombing of the FBI building in Oklahoma City. It provided to limit federal habeas corpus by limiting file time to one year, and limited the amount of petitions filed per case. It also required CCTV for victims upon venue changes. After the September 11th terrorist attacks, The USA Patriot Act was initiated. Some of the area addressed were: •The Attorney General was given more power over the extradition of suspected foreign terrorist •The expansion of powers to federal agents to obtain private documents from third parties when investigating suspected terrorist. Federal agents allowed to monitor email, voicemail, and other communication. •Pen registers and Trap Orders expanded nationally •Officers may acquire the internet history of suspected terrorist without probable cause •Allowing roving wire taps •New terrorist laws were created •Law enforcement agencies were allowed to share information with intelligence agencies •Some civil claims allowed against the US for invasion of privacy •Increased authority to confiscate property used in terrorism Constitutional Issues During the Bush administration, many changes occurred in the fight against terrorism.
Guantanamo Bay detention Facility was constructed and housed approximately 20 suspected terrorist in 2008. Military tribunal hearings began. The legality of both these action created concerns amongst the US Supreme Court. Because this fight against terror is a new war front, the criminal procedures at the time were lacking and did not address many of the issues. One cannot compare the tradional criminal against one terrorist act because a terrorist act could inflict thousands of casualties, cause millions of dollars in property damage, and initiate a war. Several cases stemming from the war on terror include Handi v.
Rumsfield which addressed the detention of US Citizens and Rausel v. Bush which addressed non citizen detainees. To counteract the pressure by citizens and courts alike, the government enacted the Detainee Treatment Act which prohibits cruel, inhuman, and degrading treatment of prisoners. More issues have arisen due to the war on terrorism. Other issues include those of surveillance and investigative authority of law enforcement. The right to privacy is one of the upmost concerns. Because many of these new laws trample on fresh grounds, a future of legal battles is sure to ensue.
Human Smuggling and Trafficking in Persons The business of trafficking and smuggling human beings is so large and profitable the United Nations stated they are two of the fastest growing international law violations. Human smuggling is defined as “the facilitation, transportation, attempted transportation or illegal entry of a person across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents. ” Smuggling is accomplished with the consent of the person being smuggled.
Most people who enter the US illegal are smuggled in. Human trafficking is accomplished via the same routes as smuggling, minus the consent of the person. Its main purpose ids for sex or labor exploitation. The U. S. government states approximately 800,000-900,000 people are trafficked around the world and 17,500-18,500 are accounted for here. The majority of the victims are women and children. At times it is difficult to differentiate between trafficking and smuggling because the victims may think they are being smuggled by in reality they are the victims of trafficking.
They may arrive at an alternate destination and be forced into labor or the sex trade. Federal Immigration & Trafficking Legislation Federal immigration law dates back to the late 1800’s when the Chinese Exclusion Act was introduced. Prior to that, there was absolutely no border enforcement. Since then there has been a number of immigration statutes enacted to counteract the rush of immigrants flooding into the states. In 2000 the U. S. government enacted the Trafficking Victims Protection Act. It addressed the sex and labor trades and provided more protection for the victims of such trades.
Crossing borders is not required for this to pertain. Some of the victims may also include males. In 2002 The Homeland Security Act dissolved INS and created three branches under the Department of Homeland Security: (1) Citizenship and Immigration Services (2) Customs and Border Protection (3) Immigration and Customs Enforcement. The Intelligence Reform and Terrorism Prevention Act of 2004 created the Human Smuggling and Trafficking Center as part of the US State Department. Chapter Twelve: Crimes Against Public Decency and Morale
Those crimes that do not fall under the category of crimes against persons or property are called crimes against public decency and morality. The origin of such crimes began in the medieval days when the rulers and churches concerned themselves with prostitution and adultery. These crimes are often referred to as victimless crimes. The parties involved in these crimes are usually consenting therefore the crime is considered committed against the social values. Some of the crimes which fall under this category include prostitution, gambling, obscenity, pornography, and drug use.
Prostitution Prostitution is sometimes called the world’s oldest profession. In its early years in Enganald it feel under the churches jurisdiction and in the United States it was pronounced as a criminal offense during the colonial period. The federal government also enacted laws to combat the trafficking of women for “ immoral purposes”. This was entitled the Mann Act. A number of laws have been passed since then and the only state left with legal prostitution is Nevada and they are regulated on a county by county basis. Prostitution is defined in various ways dependent on the state.
Most states do not require a sexual act to occur. A person offering or a person consenting accounts for a completion of the crime. Solicitation for prostitution which is the act of enticing, requesting, another to commit the crime of prostitution. The promotion of prostitution is also considered a crime. A person or business which offers shelter for prostitution practices is guilty of keeping a place of prostitution. Pimping is the act of arranging the sexual engagement between a prostitute and the customer. Pandering is the act of soliciting another to engage in an act of prostitution.
Certain massage parlors also fall under prostitution statutes in certain states if those parlors “sexually stimulate” its clients via masturbation. Pornography, Obscenity, and Lewdness Pornography is defined as depicted sexual behavior that’s serves to sexually excite. Obscenity is items which “lack serious literary, artistic, political or scientific value. ” Obscene material may be acceptable within ones home however this does not include material which depicts minors or the public exhibition of obscene material. Child pornography is of special concert to the states and federal governments.
There are also federal laws prohibiting the traffic of child pornography as outlined in the Federal Violent Crime Control and Law Enforcement Act. The rise of internet usage has led the courts to address the inappropriate images and other offensive materials available to children. In 1997 the US Supreme Court ruled the 1996 Communication Decency Act to be unconstitutional because it prohibited free speech. The courts were able to lean on the advancement in internet monitoring and security software to prevent this exposure. Another form of pornography is that of lewdness.
Lewdness addresses behaviors that are obscene in nature. A person exposing their genitals would fall under this definition. Another term used in conjunction with lewdness is lascivious. The crime of indecent exposure falls under the umbrella of lewd and lascivious. Other Consensual Sex Offenses The crimes of fornication and adultery are still classified as misdemeanors in certain states. Fornication referring to two consenting adult engaging in sexual acts and adultery is a person whom is married and engages in sexual acts with another whom is not his/her wife.
Although homosexuality is no longer a crime it once was no less than 10 years ago. It is sometimes referred to as a crime against nature. Statute against homosexuality later proved to be a violation of one’s right to Due Process. Other acts constituting crimes against nature are bestiality, anal intercourse, and oral intercourse. Cases involving sodomy had been contested in the courts due to the prohibition of these acts occurring even while in a private place. The 2003 case of Lawrence v. Texas negated a Texas same sex sodomy rule and further extinguished all anti-sodomy laws throughout the nation.
Although he federal courts prohibited these laws, the Military courts upheld their anti-sodomy law in the 2004 case of United States v. Marcum. Bigamy is defined as a person whom marries a person while still being legally married to another. The crime is part of most states penal codes and is classified as a misdemeanor. Along the same lines is the crime of polygamy which is the cohabiting with more than one spouse at a time. This is classified as a felony. Incest is defined as sexual acts between ones immediate family whether by blood or marriage. The majority of its participants are consenting adults but this can also occur with children.
Gambling and Gaming Gambling is the wagering of money, or other valuable based on the outcome of an event. Gambling is not considered a crime in common law but its activities are highly regulated throughout each state and their jurisdictions. The federal government addresses gambling in allowing Native American on recognized reservation to run casinos, prohibits gambling on federal land where state and local law prevent it, Prohibition of interstate transmission of illegal betting, and regulation of interstate transportation of gambling machines. Controlled Substances Drugs form a wide range of substances from Heroin to caffeine.
Some are considered socially acceptable while others are not. Criminal law refers to those substances it is legally concerned with as controlled substances. The first known anti-drug legislation was in 1875 in San Francisco , CA. The Chinese were the targeted population and the drug of concern was opium. In 1914 the federal government got into the game by enacting the Harrison Act. The Controlled Substance Act of 1970 is said to be the basis of federal authority over enforcement efforts today. It established a schedule of various drugs and criteria for classifying newly introduced drugs such as designer drugs.
The Anti-Drug Abuse Act of 1988 increased penalties for recreation drug usage, placed stricter controls on suspected drug dealers from purchasing weapons, and defines federal benefits to drug offenders, and the possibility of a drug related murder being treated as a capital offense. Other federal acts and legislation addressing the drug trade are the Crime Control Act of 1990, and the Violent Crime Control and Law Enforcement Act of 1994. State Anti-drug laws are similar in their content and are mostly all based around the Uniformed Controlled Substances Act.
This Act establishes a schedule of drugs almost masking the Drug Abuse and Prevention Control Act. These schedules are then categorized into prescribed punishments ranging from misdemeanors to felonies. These state laws prescribe punishment for the possession, sale, manufacture, and purchase of these controlled substances. It spells out enhancements for the sale of drugs to children. It also prescribes laws regarding the possession of precursor chemicals . The possession of drug paraphernalia is normally considered to be a misdemeanor.
State and federal laws exist regarding the forfeiture of assets which can be traced back to being the proceeds of illegal drug sales. Case law surrounding this area exist in both state and local courts. There was a Due Process issue with asset forfeiture which was dealt with in United States v. James Daniel Good Real Property. People who have their assets forfeited must be notified and given an opportunity for a hearing. Medical Marijuana is now legal in California after the 1996 passage of Proposition 215, however faced legal issues after the US Supreme Court ruled in the United States v.
Oakland Cannabis Buyers Cooperative. Capstone Cases: Boumediene v. Bush, 553 U. S. 1. I believe the Supreme Court should become involved in military affairs or war because I believe it to be a check and balances system where during a time of crisis or uncertainty the supreme law still upholds. During times of war, depending on the circumstances, the military may enforce laws that come about that may infringe on people liberties. The Supreme Court must be able to review and rule in these cases. The opposition may argue that this close scrutiny may prohibit and lessen the effectiveness of the military and their missions.
It also may hinder national security if critical decisions have to be weighed by the courts. 2. There should be a fine balance between addressing the needs to effectively combat the war on terror along with Constitutional protections. Although I do feel that the integrity of the protections afforded by the constitution should be uncompromisable, this may need to be reevaluated on a situation by situation basis. There are temporary time periods where the infringement on constitutional rights may be necessary to ensure a greater wellbeing and the insurance of our nation’s security. 3.
I think there should be different classes of non citizens such as a distinguishment between non citizens whom contribute to society via economical or labor activities and those that are considered combatants or enemies to our nations interest. Thos that live within our nations boundaries should be afforded the protections of the constitution but those that are enemies should not be provided the same protections. United States v. Williams, 553 U. S. 1. I believe speech that may be depicted as an offer to engage in criminal activity should be treated on a case by case basis depending on the contents and any resulting behaviors.
If the speech is intended to incite a riot then I believe it should be grounds for liability or if the speech results in an accompanying criminal behavior by the audience and that was the actual intent of the speaker, he should be liable. 2. Yes my opinion does change if there isn’t an ability to commit the act. 3. I don’t believe it would be possible to fairly and justly implement a hard-line rule for all crimes. There are some many circumstances that come into play in many of these cases.
The Constitution is not meant to be a hard-line document outlining every situation therefore it is required that a certain amount of flexibility is allowed. City of Erie v. Pap’s A. M. / 528 U. S. 277 1. The First Amendment protects many forms of free speech and expression to include those that are nonverbal and at times considered offensive. The First Amendment also protects people who express themselves sexually as long as it does not become publicly obscene. 2. Yes there was a contradiction between how the Supreme Court viewed nude dancing as expressive conduct as compared to the Pennsylvania courts.