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Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
Botswana: The San (Bushmen) Rights Case
This report discusses the case of San people of Botswana against the government of Botswana.
Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation
This report discusses the Violence Against Women Act (VAWA) of 2000 which reauthorized most of the original act’s programs and created new grant programs to prevent sexual assaults on campuses, assist victims of violence with civil legal concerns, create transitional housing for victims of domestic abuse (administered by HHS), and enhance protections for elderly and disabled victims of domestic violence. VAWA 2000, also, created a pilot program for safe custody exchange for families of domestic violence.
RICO: An Abridged Sketch
This report discusses the Racketeer Influenced and Corrupt Organization (RICO) provisions enacted by Congress as part of the Organized Crime Control Act of 1970.
Standards For Retroactive Application Based Upon Groundbreaking Supreme Court Decisions in Criminal Law
This report discusses the Supreme Court decision to announce the “new rule”, supreme courts decision that addresses an issue of law in a new way or for the first time. In criminal law new rules apply prospectively, but they also apply retroactively sometimes.
The Advancing Justice Through DNA Technology Act of 2003 (H.R. 3214): A Section-by-Section Analysis
This report summarizes the Advancing Justice Through DNA Technology Act (H.R. 3214). Additionally, the report covers each title of the act such as title one expanding the ability to qualify for the DNA Backlog Grant Program.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 and general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). The report notes some of the criticism directed at the President's Military Order (M.O.), and explains how those concerns are addressed by the military commission orders and instructions. The report concludes by summarizing legislation introduced to authorize and regulate military tribunals to try suspected Al Qaeda and Taliban members, and provides two charts to compare the proposed military tribunals under proposed legislation, the regulations issued by the Department of Defense, and standard procedures for general courts-martial under the Manual for Courts-Martial.
Small-Scale Terrorist Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary Comparisons
No Description Available.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Juvenile Delinquents and Federal Criminal Law: The Federal Juvenile Delinquency Act and Related Matters
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Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial
The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member’s continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, including misconduct or criminal offenses. They may be used in place of or after the servicemember has been subject to a court-martial or nonjudicial punishment. This report provides an overview of administrative separations as an alternative or companion to courts-martial.
Privacy: Key Recommendations of the 9/11 Commission
Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions.
Civil Charges in Corporate Scandals
This report lists civil suites filled by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their offices or employees that fit within the Enron pattern. That is, these are cases that display one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interests between firms and financial advisors (or Wall Street firms and their costumers), and manipulation or abusive trading in energy markets.
Options for Trying Saddam Hussein for International Crimes
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Andean Counterdrug Initiative (ACI) and Related Funding Programs: FY2005 Assistance
This report discusses the funds and material support the U.S. has contributed to help Colombia and the Andean region fight drug trafficking since the development of Plan Colombia in 1999.
Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2005
This report provides background information on each defense-related environmental program, discusses key funding issues, and examines relevant provisions in authorization legislation and appropriations for FY2005.
Immigration Consequences of Criminal Activity
Congress has broad plenary authority to determine classes of aliens who maybe admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States (“inadmissibility”) or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. “Criminal activity” comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes, most notably, being in the U.S. without legal permission. Thus, the term “illegal alien” – an alien without legal status – is not synonymous with “criminal alien.”
Homeland Security: 9/11 Victim Relief Funds
In the first days following the terrorist attacks of September 11, 2001, an unprecedented number of Americans contributed over $2.7 billion in donations to assist in the relief of victims. According to a 2004 Rand Corporation study, that money amounted to only a modest share (7%) of the $38.1 billion “quantified benefits” provided to victims of the terrorist attacks. The Rand Study reported that payments worth $19.6 billion (51%) were disbursed by insurers and $15.8 billion (42%) were disbursed by government programs.
DNA Testing for Law Enforcement: Legislative Issues for Congress
DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for post-conviction testing of DNA evidence, and continuing development of forensic science capabilities. This report discusses those and related issues and the legislation proposed and enacted to address them. It begins by describing provisions in prior federal law and then discusses issues and the legislation proposed, including the enacted DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, which became P.L. 106-546).
Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
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Terrorism in South Asia
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Federal Crime Control Assistance to State and Local Governments
This report provides profiles of eight major Department of Justice programs to assist the state and local governments in combating crime.
Ricin: Technical Background and Potential Role in Terrorism
No Description Available.
Small-scale Terrorist Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary Comparisons
No Description Available.
Homeland Security: Protecting Airliners from Terrorist Missiles
This report describes protecting Airliners from Terrorist Missiles related to Homeland Security.
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
No Description Available.
Terrorist Identification, Screening, and Tracking Under Homeland Security Presidential Directive 6
No Description Available.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
No Description Available.
Lawfulness of Interrogation Techniques under the Geneva Conventions
This report outlines the provisions of the Conventions as they apply to prisoners of war and to civilians, and the minimum level of protection offered by Common Article 3 of the Geneva Conventions. There follows an analysis of key terms that set the standards for the treatment of prisoners that are especially relevant to interrogation, including torture, coercion, and cruel, inhuman and degrading treatment, with reference to some historical war crimes cases and cases involving the treatment of persons suspected of engaging in terrorism. Finally, the report discusses and analyzes some of the various interrogation techniques approved or considered for use during interrogations of prisoners at Abu Ghraib.
Port and Maritime Security: Potential for Terrorist Nuclear Attack Using Oil Tankers
No Description Available.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Illicit Drugs and the Terrorist Threat: Causal Links and Implications for Domestic Drug Control Policy
The international traffic in illicit drugs contributes to terrorist risk through at least five mechanisms: supplying cash, creating chaos and instability, supporting corruption, providing “cover” and sustaining common infrastructures for illicit activity, and competing for law enforcement and intelligence attention. Of these, cash and chaos are likely to be the two most important.
Nuclear Terrorism: A Brief Review of Threats and Responses
No Description Available.
U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
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Military Courts-Martial: An Overview
No Description Available.
Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
No Description Available.
Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
No Description Available.
Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
No Description Available.
Guarding America: Security Guards and U.S. Critical Infrastructure Protection
No Description Available.
Mexico's Counter-Narcotics Efforts under Fox, December 2000 to October 2004
No Description Available.
Sudan: The Darfur Crisis and the Status of the North-South Negotiations
No Description Available.
Terrorism: Key Recommendations of the 9/11 Commission and Recent Major Commissions and Inquiries
No Description Available.
Removing Terrorist Sanctuaries: The 9/11 Commission Recommendations and U.S. Policy
No Description Available.
Military Tribunals: Historical Patterns and Lessons
This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality.
The Department of State's Patterns of Global Terrorism Report: Trends, State Sponsors, and Related Issues
This report highlights trends and data found in the State Department’s annual Patterns of Global Terrorism report, (Patterns 2003) and addresses selected issues relating to its content.
Terrorism in South Asia
No Description Available.
Terrorism in South Asia
No Description Available.
USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005
No Description Available.
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