Legal Issues Counter-Terrorism Course

Description

There are 8 discussion post and 4 case briefing I need to have done for this course. I can proved all questions, guidelines, and syllabus for the work. I will need the first discussion post by 3/7/2018 and first case brief by 3/11/2018.

The textbook for this course is: (must have access to this book)

Abrams, N. (2017). Anti-Terrorism and Criminal Enforcement (5th Ed.). St. Paul, MN: Thomson /West Academic Publishing. ISBN-13: 978-1-638-28865-7

Discussions
Module 1
Recognize the importance of defining terrorism in regard to criminal prosecutions.
Explain the statutory definitions of international and domestic terrorism as defined in 18 U.S.C.
§ 2331.
Articulate the criminal penalties regarding terrorism as defined in 18 U.S.C. § 2332.
Recognize the designation of a terrorist organization under 8 U.S.C. § 1189 as well as those
specific organizations listed by the U.S. government as terrorist organizations.
Articulate the definition of extraterritorial jurisdiction and become familiar with the case of
United States vs. Yousef, 327 F.3d 56 (2d Cir.2003).
Module 2
Recognize the key, prosecutorial elements of Title 18 United States Code § 2339, § 2339B.
Define the terms “material support or resources,” “training,” “military-type training,” “expert
advice or assistance,” “critical infrastructure,” and “terrorist organization” in relation to 18
United
States Code § 2339A, § 2339B and § 2339D.
Describe the “mens rea” elements Title 18 United States Code § 2339, § 2339B.
Discuss the judicial review process that occurs when an organization challenges, in court, the
designation of “terrorist organization.”
Module 3
Assess the methods used by the government to exempt classified, terrorism-related information
from release to the public in a criminal prosecution
Module 4
Explain the basic concepts of the Foreign Intelligence Surveillance Act.
Apply the procedures of FISA to communications involving individuals within the United States.
Defend or dispute the government’s support and use of extraordinary rendition used against
foreign individuals suspected of terrorist acts against the United States.
Module 5
Compare and contrast the detainee statuses of material witness, alien, and enemy combatant.
Discussions
Explain in general terms immigration detention and removal policies as they apply to the
investigation of terrorist activity.
Recognize the various federal statutes and judicial decisions regarding the detention of alleged
“enemy combatants” outside the borders of the United States.
Module 6
Examine the legal authority of military commissions in the prosecution of international
terrorism.
Discern the difference between lawful and unlawful enemy combatants in regard to the
prosecution of international terrorism.
Compare civilian prosecution of terrorists and supporters of terrorism, and related problems
risking exposure of classified information.
Articulate the legal advantages of prosecuting these types of cases by military commission rather
than in civilian, federal court.
Module 7
Identify the primary law enforcement agency responsible for political surveillance in the
investigation of terrorism in the United States.
Identify legislation and judicial decisions enacted for the purposes of overseeing and limiting
political surveillance.
Recognize the importance and significance of the Attorney General Guidelines for the FBI
relating to political surveillance.
Module 8
Define the term “posse comitatus.”
Identify the key points of the Posse Comitatus Act of 1878, 18 U.S.C. § 1385.
Identify the key points of the Insurrection Act of 2006 as it applies to natural disasters and acts of
terrorism, both domestic and international.
Recognize how certain occurrences, such as the events of September 11, 2001, and Hurricane
Katrina, played a key role in the drafting and enactment of the Insurrection Act of 2006.
Discussions
EXAMPLE/SAMPLE POST: How should my posts/papers look this term?
If your posts & papers look like this you are on the way to success on all assignments. If they
don’t that is the reasoning behind lost points. SAMPLE PAPER/Discussion POST with
CITATIONS and REFERENCES (3-4 paragraphs recommended for initial post and
second/follow ups) 1-2 sentence posts would not qualify.
Please DO NOT post attachments on the discussion boards.
Post in depth (3-4 paragraph) APA cited posts with in text/reference list (Quality is key); vs.
avoid posting five (5) or six (6) one sentence posts without APA format/citing (Quantity is bad)
(APPLY THE BOOK, CITING (IN TEXT AND REFERENCE LIST) AND PARAPHRASES
AS WELL AS THE RESEARCH) For help with citing use www.citationmachine.net
AND http://owl.english.purdue.edu/owl/resource/560/01/
NOTE I ONLY LOOK FOR 4 APA Items with DB’s
1) In text citing, 2) Headings, 3) Reference list 4) Indenting paragraphs and expand in depth
EXAMPLE POST BELOW:
Criminology
Throughout time, criminologists began to ask complex social questions about the nature
of crime and criminals. Many of the queries centered around the behavior of criminals, rather
than on the criminality of behavior. There has been interest generated which has focused more
upon accounting for the factors and influences which lead to criminal law violations and the
behavior of offenders rather than it has upon the lawmaking processes through which criminal
prohibitions are produced.
Contemporary views
There is no single theoretical position on crime causation that can be identified as the
liberal perspective. There are many ways in which contemporary criminological theories can be
classified. Contemporary views regarding deviance represent distinctive studies from Emile
Durkheim (1858-1917). French sociologist Emile Durkheim was responsible for two seminal
themes on crime and deviance. According to Goode (2005), he was one of the first to insist on
the “normality” of criminality. Durkheim maintained that the “normal” and “pathological” are
not intrinsically different forms of behavior. Durkheim asserted that it is neither possible nor
desirable for a society to repress criminality completely. His second and possibly most important
contribution to the study of deviant behavior is in the theory of anomie, which was originally
developed as an explanation of suicide (Vold, Bernard and Snipes, 2002). When traditional rules
have lost their authority over behavior, a state of deregulation, normalness, or anomie may exist.
Signs of violence
The criminal serves as an identifying sign of the limits of permissible behavior. If these
violations of normative sentiments could be repressed, both men and women would become
sensitive to the less marked deviations which are now overlooked, and these acts would then be
regarded as crimes (Schmalleger, 2007). These increasingly intolerable demands for conformity,
which would then possibly be imposed on individuals, not thought of as criminals, would be
detrimental to social progress
Discussions
References
Goode, E. (2005). Deviant behavior. Upper Saddle River, NJ: Prentice Hall.
Saint Leo University
CRM 361
Legal Issues in Counter-Terrorism
Course Description:
This course provides a comprehensive overview of legal issues attendant to international terrorism. In
particular, students will examine the “War on Terror” and the tension between approaches based on
criminal law enforcement versus a military or warrior basis. A special emphasis will be placed on the
interrelationship between United States law and international law and agreements. The course will
address current efforts in counter-terrorism, with special emphasis on recent federal prosecutions for
terrorist acts or aiding terrorist organizations. As a criminal justice course, this study will include historical
and political information and current, relevant information on counter-terrorism objectives and methods.
Prerequisites:
POL123 and CRM 220
Textbooks:
Abrams, N. (2017). Anti-Terrorism and Criminal Enforcement (5th Ed.). St. Paul, MN: Thomson /West
Academic Publishing.
ISBN-13: 978-1-638-28865-7
American Psychological Association. (2009). Publication manual of the American Psychological
Association (6th ed.). Washington, DC: Author. ISBN-13: 978-1-4338-0561-5
Learning Outcomes:
Upon completion of this course, students will be able to:
1. Demonstrate an understanding of the Saint Leo University core value of integrity as it relates to
combating terrorism.
2. Identify anti-terrorism legislation, federal and state roles in anti-terrorism enforcement, and how
agencies share information.
3. Define terrorism crimes and identify enforcement policies.
4. Focus on prosecutable offense of “Providing Material Support to a Foreign Terrorist Organization.”
5. Consider the concept of “War” in the fight against terrorism.
6. Study the principle of “extended detention” for witnesses, aliens, and enemy combatants.
7. Examine the legal authority of Military Tribunals.
8. Compare civilian prosecution of terrorists and supporters of terrorism, and related problems risking
exposure of classified information.
9. Examine domestic surveillance activities and authorities.
10. Consider the role and restrictions of the military in domestic law enforcement.
11. Consider the role and limits of U.S. Agents acting abroad.
Core Value:
Integrity: The commitment of Saint Leo University to excellence demands that its members live its mission
and deliver on its promise. The faculty, staff, and students pledge to be honest, just, and consistent in
word and deed.
Evaluation:
Assignment
Discussions (8)
Case Briefs (4)
Course Quizzes (4)
Total
% of final grade
20%
40%
40%
100%
1
Grade Score (%)
A
94-100
A90-93
B+
87-89
B
84-86
B80-83
C+
77-79
C
74-76
C70-73
D+
67-69
D
60-66
F
0-59
Discussions:
A discussion question will be posted for each module. The student is responsible for answering each
question and then responding to a minimum of two other student replies. The student’s grade will be
determined by the extent and thoroughness of the response to each question as well as respectful
responses to other student replies.
Case Briefs:
Each student will brief four court cases relating to anti-terrorism enforcement and prosecution. Each
paper should be a minimum of two pages in length and conform to the case brief format provided below.
These briefs will focus on the assigned case and reflect on the course material, make application to “realworld” situations, and allow students to obtain a more thorough understanding of the complex legal issues
involved in terrorism-related litigation and prosecution. Briefs are due in Modules 1, 3, 5, and 7.
Quizzes:
Each quiz will consist of 10 objective-type questions (multiple-choice, true-or-false) and five short-answer
essay questions. The quizzes are assigned in Modules 2, 4, 6, and 8.
Written Assignments and the APA Format:
The Department of Criminal Justice recognizes the value of excellence in writing for students in Criminal
Justice. In part, each professor is expected to provide guidance on improving a student’s writing skills.
Students are required to use only the APA (American Psychological Association) format to write and
develop a scholarly paper for submission in the Social Sciences. APA has been adopted by the
Department as its writing standard for all academic written assignments. No other writing style is
acceptable.
APA is the American Psychological Association, and the style is one of many in the academic world used
to regulate the language, citations, procedure, and formatting of manuscripts and other examples of
writing in the social sciences. Please be consistent throughout each written paper. Refer to APA Guide
under Resources on the Course Menu for APA specifics.
All projects, assignments, or papers submitted for grading will be required to include an abstract and
reference page. All references are to be cited using the American Psychology Association (APA) format
(6th edition). Other formats will not be accepted. For each scholarly paper and group assignment(s), the
work will be assessed using an individual grading rubric for each assignment. This tool and process helps
the students identify and professor measure the key points necessary to successfully complete written or
group assignments. Wikipedia is not an appropriate source for any scholarly writing and is not permitted
for any assignment in this program.
2
Course Schedule:
Module 1
What is Terrorism?
Objectives
When you complete this module, you should be able to:
 Recognize the importance of defining “terrorism” in regard to criminal
prosecutions.
 Explain the statutory definitions of international and domestic terrorism as
defined in 18 U.S.C. § 2331.
 Articulate the criminal penalties regarding terrorism as defined in 18 U.S.C. §
2332.
 Recognize the designation of a “terrorist organization” under 8 U.S.C. § 1189
as well as those specific organizations listed by the U.S. government as
terrorist organizations.
 Articulate the definition of extraterritorial jurisdiction and become familiar with
the case of United States v. Yousef, 327 F.3d 56 (2d Cir. 2003).
Assignments
Items to be Completed:
Read assigned materials
Post your introduction to the class
Post an initial response to the discussion question
Post responses to at least two classmates
Submit Case Brief 1
Due No Later Than:
Thursday 11:59 PM EST/EDT
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 2
Supporting Terrorist Activities and the Organizations that Sponsor
Terrorism
Objectives
When you complete this module, you should be able to:
 Recognize the key, prosecutorial elements of Title 18 United States Code §
2339, § 2339B.
 Define the terms “material support or resources,” “training,” “military-type
training,” “expert advice or assistance,” “critical infrastructure,” and “terrorist
organization” in relation to 18 United States Code § 2339A, § 2339B and §
2339D.
 Describe the “mens rea” elements Title 18 United States Code § 2339, §
2339B.
 Discuss the judicial review process that occurs when an organization
challenges, in court, the designation of “terrorist organization.”
 Discuss the court case of Nasser Al-Aulaqi v. Obama.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Complete Quiz 1
Begin Case Brief 2
3
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 3
Module 3
Terrorism Intelligence Information
Objectives
When you complete this module, you should be able to:
 Assess the methods used the government to exempt classified information
from being made public during criminal prosecution of terrorism-related
cases.
 Explain the legal concepts and application of the Classified Information
Procedures Act.
 Assess the methods used by the government to exempt classified, terrorismrelated information from release to the public, either in a criminal prosecution
or request under the Freedom of Information Act.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Submit Case Brief 2
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 4
Enforcement Practices
Objectives
When you complete this module, you should be able to:
 Explain the basic concepts of the Foreign Intelligence Surveillance Act.
 Apply the procedures of FISA to communications involving individuals within
the United States.
 Understand the legal issues that arose from the National Security
Administration’s Terrorist Surveillance Program and the legislation that
resulted from it.
 Defend or dispute the government’s support and use of extraordinary
rendition used against foreign individuals suspected of terrorist acts against
the United States.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Complete Quiz 2
Begin Case Brief 3
4
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 5
Module 5
Extended Detention
Objectives
When you complete this module, you should be able to:
 Compare and contrast the detainee statuses of material witness, alien,
privileged belligerents, and unprivileged enemy belligerents.
 Explain in general terms immigration detention and removal policies as they
apply to the investigation of terrorist activity.
 Recognize the various federal statutes and judicial decisions regarding the
detention of alleged “unprivileged enemy belligerents” outside the borders of
the United States.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Submit Case Brief 3
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 6
Criminal Prosecution of International Terrorism
Objectives
When you complete this module, you should be able to:
 Examine the legal authority of military commissions in the prosecution of
international terrorism.
 Explain the changes provided for in the Military Commissions Act of 2009.
 Compare civilian prosecution of terrorists and supporters of terrorism, and
related problems risking exposure of classified information.
 Articulate the legal advantages of prosecuting these types of cases by
military commission rather than in civilian, federal court.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Complete Quiz 3
Begin Case Brief 4
5
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 7
Module 7
Investigating Terrorism: Political Surveillance
Objectives
When you complete this module, you should be able to:
 Define the term “political surveillance.”
 Identify the primary law enforcement agency responsible for political
surveillance in the investigation of terrorism in the United States.
 Identify legislation and judicial decisions enacted for the purposes of
overseeing and limiting political surveillance.
 Recognize the importance and significance of the Attorney General
Guidelines for the FBI relating to political surveillance.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Submit Case Brief 4
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 8
Using the Military in Domestic Law Enforcement
Objectives
When you complete this module, you should be able to:
 Define the term “posse comitatus.”
 Identify the key points of the Posse Comitatus Act of 1878, 18 U.S.C. §1385.
 Identify the key points of the Insurrection Act of 2006, 10 U.S.C. § 333 as it
applies to natural disasters and acts of terrorism, both domestic and
international.
 Recognize how certain occurrences, such as the events of September 11,
2001, and Hurricane Katrina, played a key role in the drafting and enactment
of the Insurrection Act of 2006.
Assignments
Items to be Completed:
Read the assigned materials
Post an initial response to the discussion question
Post responses to at least two classmates
Complete Quiz 4
6
Due No Later Than:
Thursday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Sunday 11:59 PM EST/EDT
Module 1
United States v. Yousef, 327 F.3d 56, (2d Cir. 2003)
Module 3
People’s Mojahedin Org of Iran v. DOS, 613 F.3d 220, 392 U.S.App.D.C. 55 (2d. Cir. 2010)
Module 5
Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)
Module 7
Dinler v. City of New York, 607 F.3d. 923 (2d. Cir. 2010)
CRM 361 – Case Briefs
Each student will brief four court cases relating to anti-terrorism enforcement and prosecution. These
briefs will focus on the assigned case and reflect on the course material, make application to “real-world”
situations, and allow for a more thorough understanding of the complex legal issues involved in terrorismrelated litigation and prosecution.
Briefs should be a minimum of two pages in length and conform to the case brief format provided below.
Any references utilized in the brief should be listed on a separate “References” page in APA format.
Briefs are due in Modules 1, 3, 5, and 7.
Sample Case Brief
Parties:
Bretons (Plaintiff) v. Central Pacific Supply Corporation (CPS) (Defendant)
Facts:
The Bretons are sought to cancel the Agreement of Sale of a leasehold interest and for damages. The
Bretons alleged that CPS had breached the Agreement by defaulting on the payment due thereon and by
vacating the premises.
Prior proceedings:
This case was originally brought before the Land Court of the City and County of Honolulu, State of
Hawaii. The land court, after the trial, found in favor of the Bretons against CPS. Thereafter, CPS filed a
motion to set aside the findings of fact, conclusions of law and judgment, and to set the matter for a jury
trial. The land court denied the motion.
Issues presented or questions of law:
Does the land court have jurisdiction over the subject matter?
Arguments or objectives of the parties:
In answer to the Breton’s petition to cancel Agreement of Sale, one of CPS’s defenses was that the land
court lacked jurisdiction over the subject matter. Therefore any judgment rendered is invalid.
Holding/rule of law:
“The land court is a court of limited jurisdiction, created for a special purpose, that of carrying into effect
what is known as the Torrens title scheme, derives all of its power from the statutes relating to it, and can
exercise no power not found within those statutes.” The Bretons’ petition and CPS’s counterclaim both
are breach of contract actions over which the land court does not have jurisdiction. The judgment of the
land court is void for lack of jurisdiction. The appeal is dismissed.
Rationale:
“The lack of jurisdiction over the subject matter cannot be waived by the parties.” If the parties do not
raise the issue, a court will…” (continues).
Relation of case to the core value of Integrity:
This case relates to the core value of Integrity in regard to the failure of CPS to honor the Agreement of
Sale per the terms of that agreement. The Bretons sought… (continues).
Grading Rubric
Exceptional corresponds to an A- to A (90-100). Performance is outstanding; significantly above the
usual expectations.
Proficient corresponds to a grade of B- to B+ (80-89%). Skills and standards are at the level of
expectation.
Basic corresponds to a C- to C+ (70-79%). Skills and standards are acceptable but improvements
are needed to meet expectations well.
Novice corresponds to a D (60-69%). Performance is weak; the skills or standards are not sufficiently
demonstrated at this time.
0 This criterion is missing or not in evidence.
Criteria
0
Novice
1
Basic
2
Proficient
3
Exceptional
4
Includes all relevant facts from the case
Applies a connection to the core value of integrity,
with appropriate analysis
Clearly identifies and logically analyzes and
discusses the case details
Utilizes grammar, spelling, and syntax appropriate to
the college level
Typed in a double-spaced APA format with citations
and references, as appropriate
Total
20

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