The Patriot Act and Terrorism - Assignment Example

The Patriot Act and Terrorism Unit Question1 The Patriot Act was passed on 26th October 2001, in response to 11th September 2001 terrorist attacks in the United States. The Act aims to offer enforcement law officials with the tools they need to prevent other terrorist attacks. Additionally, the Act has other provisions to block terrorism that was not in place previously. However, Smith & Hung (2010) argues that the Act has gone too far in terms of endangering the rights of citizens of America and the Federal government in addition to immigrants.

The Act can also have an impact on the local and state law enforcement whereby it can order a search warrant after the judicial review. According to the Act, Smith & Hung (2010) explains that the government can trace pen and trap order to interrupt information on communication via the internet. This also includes trapping email addresses received or sent to determine what communication exists among the people. This means that the Department of policy on Justice is free to retrieve information on any sites one is visiting using traces, pens and traps.

Apart from the patriot Act, there exist anti-terrorist laws, which cut the civil rights of American citizens. Following a terrorist case the Supreme Court of the United States took a freedom shot of speech. However, by a vote of 3vs 6 on law provision it criminated providing knowingly support materials to terrorist, foreign organizations. Another recent terrorist law which, erodes the, Constitutional law that allowed the government to kill and target Americans; who passed on in the process.

This was when the Administration of Obama authorized the killing of a cleric Muslim; Awlaki Anwar believed to be an AlQaeda member (Smith & Hung, 2010).Question 2 Terrorism should remain a separate offense because terrorists are war criminals and not subject to same constitutional rights as normal citizens of America. However, the problem is that the U.S government bypasses many provisions of the constitution, allowing the extraordinary power over both terrorists and citizens. The crimes previously in place do not address the terrorism acts adequately in such a way that the government authorities target the citizens of Americans who are not terrorists, but intentionally and covertly perceived to be them.

Bullock and Coppola (2012) claim that a preventive and forward-looking strategy of criminal justice against the terrorists should follow a system that is comprehensive of offences, techniques, and investigative powers. Each person has a right to life and therefore, law protection should have measures to interdict and interrupt terrorist’s preparations for terrorism and, not punishment and identification of the perpetrators after a terrorist activity. Question 3 Scheb (2011) claims that the Patriot Act defines terrorism in a broader way for non-citizens than for the citizens of the United States.

A clear example is that of aliens, for support of any organization that has used violence even if the support is for activities that are lawful. The activities are considered to terroristic in nature. Additionally, any use of weapons or threats for anything apart from personal, direct gain also fits the Patriot Act definition. An alien suspect on any terrorist activities, or just having a relationship with individuals suspected of terrorist attack are taken to custody and confined without any charges that are formal indefinitely.

For example, many Eastern Middle and Muslim immigrants were imprisoned this way on September 2011 for months and later confirmed as having no connections with any terrorism (Bullock & Coppola, 2012). I agree that Patriot Act has crossed the line between societal needs and individual rights that transcend the Constitutional parameters. This is because the penalties on some aliens and immigrants have gone beyond confinement, as in the case of Arar Maher who was seized on his way home, had an eight hour questioning and later sent to a solitary confinement in the detention camp.

ReferencesBullock, J. & Coppola, D. (2012), Introduction to homeland security: Boston : Butterworth- Heinemann.Smith, C. & Hung, L. (2010). The Patriotic Act: Issues and controversies. Springfield: Charles Thomas Publisher.Scheb, J. (2011), Criminal Law and Procedure. Belmont : Wasworth Cengage Learning