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Law Questions - Essay Example

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Name Instructor Task Date 1 The key element in proving material support to terrorism is mens rea. The intention of knowingly providing financial or any other form of material support to a terrorist organization has to be sustained by the prosecution in a charge of providing material support to a terrorist organization (Abram Normans, 2002, p.6)…
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Download file to see previous pages The International Terrorism Act of 1990 2. The Patriots Act 3. The UN Convention on International Terrorism 3 There are various definitions attached to terrorism. The United Nations, the Arab Convention and the European Convention all give divergent definitions to the term ‘terrorism’. The UN’s definition to terrorism is more descriptive of the acts that may be cited as terrorism acts. It adopts a broad description of acts that may be interpreted to be acts of terrorism by its members. This includes unlawful actions, including against civilians, carried out with an intention of causing serious bodily harm or the taking of hostages to induce a state of terror to the public. It therefore offers a broad definition to the term that allows other criminal acts against the state or citizens, which have not yet been classified as terrorist acts, to be categorized as terrorist acts. The Arab Convention on the other hand adopts a more liberal definition to terrorism. It defines terrorism to encompass not only acts, but also threat of criminal action against the state or citizens of a given country. The convention also recognizes that terrorist threats may also be directed to the environment in an attempt to jeopardize national resources. The European convention adopts an imprecise definition to terrorism. ...
4 The yunis case amplifies America’s renewed efforts to curb international terrorism by employing the new antiterrorism laws. The case demonstrated the acceptance of recent international law principles of extraterritorial jurisdiction that give room for the prosecution of terrorists in US soil. It encompasses the international law principle that terrorism is an act condemned internationally and as such, terrorist suspects can be prosecuted in any national jurisdiction of the world. The Noriega case illustrated the application of domestic criminal laws universally to prosecute criminal activities committed outside the United States. The court relied on the international law principle of extended territorial jurisdiction to prosecute crimes committed outside the US national borders, whose effects had far-reaching consequences on American soil. The Yousef case illustrated the use of extraterritorial jurisdiction to prosecute the accused with charges of terrorism and conspiracy to commit criminal and terrorist acts within the territory of the United States. All the aforementioned cases are regarded as progressive cases as they form a future model for prosecuting terrorists within the US territory. They further show the expanded use of both the domestic law and international law to combat efficiently the threat of terrorism in America. 5 The Moussaoui case is important because it illustrates the success of the criminal justice system in trying and convicting suspected terrorists. It also shows that the best way to follow in promoting national security is reaffirmation of the values of the justice system. Moussaui wanted to review his confession to which the prosecution was opposed to such ...Download file to see next pagesRead More
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