Nobody downloaded yet

The Patriot Act: Security vs. Civil Liberties - Research Paper Example

Comments (0) Cite this document
Summary
This research is being carried out to examine and present different aspects of the Patriot Act, and weigh the value of increased security vs. civil liberties. The present research has identified that the Patriot Act was passed into law on October 26, 2001…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.6% of users find it useful
The Patriot Act: Security vs. Civil Liberties
Read TextPreview

Extract of sample
"The Patriot Act: Security vs. Civil Liberties"

Download file to see previous pages The researcher states that after the tragedy of 9/11, a consensus in Congress was reached very quickly that new laws needed to be enacted in order to protect our country. Russ Feingold was the only Senator to oppose the act. He was concerned with the potential scapegoating of immigrants of Middle Eastern descent. The Patriot Act added amendments to the Wiretap Statute (Title 3), the Electronic Communications Privacy Act, Computer Fraud and Abuse Act, Pen Register and Trap and Trace Statute, Money Laundering Act and others.  Title 3 is subject to fourth amendment restrictions on search and seizure. However, the Patriot Act uses a 1977 US Supreme Court ruling that says there is “no constitutionally recognized privacy interest in the telephone numbers intercepted by a pen register or trap and trace device”. A trap and trace device means caller ID. The language referred to the technology of 1977, which was constituted by land-lines and telephones. The wording in Section 216 of the Patriot Act redefines a pen register and a trap and trace device to include “the Internet,…e-mail,…and all other forms of electronic communications”. It also constitutes an invasion of privacy for citizens. Surveillance orders, “Sneak and Peek” The Patriot Act changed the rules for search warrants. Previously, a court could only order a wiretap or pen register/trap trace device within the geographic borders of its own jurisdiction. Now a court can order a surveillance device anywhere in the US. A service provider in a distant location will find it difficult to appear in court to discuss this issue. Sneak and Peek refers to this: before the Patriot Act, law enforcement needed to provide a suspect with notice, right then and there, that they were going to search the suspect’s home. Now, law enforcement can enter a suspect’s home and do a search without notifying him right away, if the court “finds reasonable cause…that notification of the warrant may have an adverse effect”. This will help law enforcement but goes against the 4th amendment of the Constitution, which prohibits unreasonable search and seizure (US Constitution). Preventing Surprise Attacks Posner studies the 9/11 report in his book Preventing Surprise Attacks. He concludes that the report blamed the attacks on “systematic failure of the nation’s intelligence and security apparatus”. He posits that it is inevitable “that some surprise attacks may succeed”. He characterizes the Patriot Act as removing what he calls “artificial” blocks to the sharing of intelligence information between agencies. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Patriot Act: Security vs. Civil Liberties Research Paper”, n.d.)
Retrieved from https://studentshare.org/law/1418327-the-patriot-act-security-vs-civil-liberties
(The Patriot Act: Security Vs. Civil Liberties Research Paper)
https://studentshare.org/law/1418327-the-patriot-act-security-vs-civil-liberties.
“The Patriot Act: Security Vs. Civil Liberties Research Paper”, n.d. https://studentshare.org/law/1418327-the-patriot-act-security-vs-civil-liberties.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Civil liberties
...?Civil Liberties Civil liberties are not the same thing as civil rights. Civil rights are the rights of a citizen, but really expand and only deal with that of a political nature. Civil liberties expand throughout all aspects of life. They are much like the natural laws in that you have a right as human being to have free will, moral rights, and liberty. The United States incorporated this into the Constitution as the Bill of Rights. Brought forth by James Madison, the Bill of Rights composes the first ten amendments to the constitution. The Bill of Rights guarantees such freedoms such as...
1 Pages(250 words)Dissertation
Civil liberties
..., which could be used as a basis for a law suit. Bibliography Home Office (2010). ‘Police and Criminal Evidence Act 1984 (PACE) and Accompanying Codes of Practice.’ [Online] Available at: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/. (Accessed: 14 may 2011) Smith, R. (2010). ‘Labor, Civil Liberties and Human Rights.’ The Justice Journal, Vol. 7 (2): 250-265 Strange, M. (2001). Criminal Justice, Police Powers and Human Rights, Blackstone Press... ? Laws are enacted to ensure that there is harmony and security in the society. They provide mechanisms and procedures of administrating justice to those who break them as well as those who fall victims to the offenders. The police are the major...
3 Pages(750 words)Essay
Civil liberties
...Question The Patriot Act has put forward new limitations onto the knowledge and aspects that should be known by the general public. Because of the increasing terrorism all over the world the Act has been introduced to limit the activities of the terrorists. It is for this reason that government intercepts in many activities without warrants or information to the person involved. A question at this point is asked by many as to which information should be classified and which should not be? In such a world the limitations that are put on our rights have been argued by many. Classification of certain things for the safety of the whole society is important and the Patriot...
1 Pages(250 words)Essay
Civil Liberties
...Civil Liberties Civil liberties are freedoms en d to the citizens of any country. Civil liberties are enshrined in the country’s constitution either by doing first amendments, legislation or by common law. In the United States of America, Civil Liberties allow citizens to think, speak their mind, assemble with any group of people, worship and subscribe to the religion of his or her choice freely with private or government interference. This paper will explore among other things, the benefits of civil liberties, police simulation programs and how the police are an...
3 Pages(750 words)Essay
Civil liberties
..., for example, together with a redefinition courts and government’s role in protecting people’s rights, continued to strengthen the human rights of all American citizens, regardless of the color of their skin (Bryant, 2009, p. 1). The word civil-right often conjures people like Martin Luther delivering the soul-stirring “I have a dream” speech on the nation’s capital. The civil rights movements are believed to have started earlier in the 18th century when the blacks who were enslaved demanded their elementary citizenship rights. From 1955 to 1970, the blacks’ effort to bring their cause to attention met some success. The Congress approved the Civil Rights Act to create a...
7 Pages(1750 words)Term Paper
Civil Liberties
...? Civil Liberties Civil Liberties The various amendments to the United s Constitution have an impact on the prosecution of offenders in the United States criminal justice system. Under the fourth amendment, all the United States citizens are protected against intrusion into their private property. All citizens have the freedom to be exempted from unreasonable involvement in their private affairs through such actions as search, as well as arrests that may be conducted by the police. The impact of the fourth amendment is that it safeguards people when being searched and during detention, which may be conducted by law enforcement officers. In addition, the amendment also...
3 Pages(750 words)Research Paper
PATRIOT ACT
..., L., Takooshian, H. (2003). The USA PATRIOT Act: Civil Liberties, the Media, and Public Opinion. Urban Law Journal, 30 (4), 1429. 3. The USA-PATRIOT Act and the American Response to Terror: Can We Protect Civil Liberties after September 11 (2002). American Criminal Law Review 39 (1), 92. 4. Sinnar, Sh. (2002). Patriotic or unconstitutional The mandatory detention of aliens under the USA Patriot Act. Stanford Law Review. 55 (4), 1419.... Running Head PATRIOT ACT PATRIOT ACT Patriot Act was signed in October 26, 2001. This Act was a response to terrorist attacks of September 11, and was aimed to encourage American citizens...
4 Pages(1000 words)Essay
Civil Rights vs. Civil Liberties
... Civil Rights vs. Civil Liberties United s has been consistent in its campaign for democracy. It has practiced fundamental aspects of democracy through constitutional support which emphasizes the welfare of the citizens. Since independence, the socio-economic and political agenda of the nation is to recognize Civil liberty and civil rights. These two terms have remained almost synonymous though they have marginal differences. Declaration of independence formed the basis of American struggle to achieve civil liberty and rights as this was considered the back bone of an inclusive positive socio-economic and political progress strategy. In essence, Civil liberty and Civil rights are envisaged in the constitution and was derived... from the...
2 Pages(500 words)Essay
Civil Rights & Civil Liberties
...civil rights and libertyCivil Rights Civil rights in America are enshrined in the Civil Act of 1964. The Act was enacted during the presidency of John Kennedy, who rose to power in the year 1960. A large number of contemporary have a bill of rights or a constitutional document that seeks and enumerate to guarantee civil rights. In the united state of America, several constitutional amendments have been effected to ensure that every person enjoys civil rights to unlimited levels. In addition, additional clauses have been enacted to the 1964 Act to ensure that the...
2 Pages(500 words)Essay
Civil Liberties
...December 11, Civil Liberties Introduction Civil Liberties refer to the United s citizen’s protected rights. The paper delves on certain liberties. The paper focuses on the rationale for each liberty issue. The law offers exemptions to certain liberty-related laws. Liberties Our United States government implemented civil liberties. One of the controversial liberties is the liberty to take one’s own life. The issue often occurs when the patient is terminally ill. Most patients do not want to continue their suffering (Blanco, 2014)....
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Research Paper on topic The Patriot Act: Security vs. Civil Liberties for FREE!
logo footer
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us