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Closing the Guantanamo Detention Center: Legal Issues

Description: This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and … more
Date: July 20, 2009
Creator: Garcia, Michael John; Bazan, Elizabeth B.; Mason, R. Chuck; Liu, Edward C. & Henning, Anna C.
Partner: UNT Libraries Government Documents Department
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Closing the Guantanamo Detention Center: Legal Issues

Description: This report provides an overview of major legal issues likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought into the country. It also discusses selected constitutional issues that may arise in the criminal prosecution of detainees, emphasizing the procedural and … more
Date: January 22, 2009
Creator: Garcia, Michael John; Bazan, Elizabeth B.; Mason, R. Chuck; Liu, Edward C. & Henning, Anna C.
Partner: UNT Libraries Government Documents Department
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Federal Habeas Corpus Relief: Background, Legislation, and Issues

Description: This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus sys… more
Date: February 1, 2006
Creator: Seghetti, Lisa M. & James, Nathan
Partner: UNT Libraries Government Documents Department
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Federal Habeas Corpus: An Abridged Sketch

Description: This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Date: April 28, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress

Description: This report examines legislation in the 107th Congress pertaining to federal mandatory minimum sentencing statutes (mandatory minimums), which demand that execution or incarceration follow criminal conviction. They cover drug dealing and using a gun to commit a federal crime, among other crimes.
Date: April 17, 2003
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Family Violence Prevention and Services Act: Programs and Funding

Description: This report describes programs authorized under the Family Violence Prevention and Services Act (FVPSA) and related initiatives, and provides authorization and appropriation levels. The FVPSA was originally enacted in 1984, as Title III of the Child Abuse Prevention and Treatment Act, to assist states in preventing incidents of family violence and to provide shelter and related assistance to victims of family violence and their dependents, with the expectation of preventing future acts of viole… more
Date: March 31, 2009
Creator: Laney, Garrine P.
Partner: UNT Libraries Government Documents Department
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The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations

Description: This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. It will be updated as needed to reflect congressional action on the FY2010 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bill, the appropriations bill that includes the ATF account.
Date: June 16, 2009
Creator: Krouse, William J.
Partner: UNT Libraries Government Documents Department
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Gun Control Legislation

Description: Although several dozen gun control-related proposals were introduced in recent Congresses, only a handful of those bills have received significant legislative action. This report provides an overview of firearms-related statistics and federal law. It also provides an overview on legislative action in the 109th and 110th Congresses, as well as other issues that have generated significant congressional interest in the recent past.
Date: May 27, 2009
Creator: Krouse, William J.
Partner: UNT Libraries Government Documents Department
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Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress

Description: This report discusses federal mandatory minimum sentencing statutes, which demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacita… more
Date: January 11, 2001
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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The Death Penalty: Capital Punishment Legislation in the 109th Congress

Description: This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern:… more
Date: December 11, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Standards For Retroactive Application Based Upon Groundbreaking Supreme Court Decisions in Criminal Law

Description: 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.
Date: September 28, 2004
Creator: Wallace, Paul Starett, Jr.
Partner: UNT Libraries Government Documents Department
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The Death Penalty: Capital Punishment Legislation in the 109th Congress

Description: This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern:… more
Date: April 26, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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North Korea: Terrorism List Removal?

Description: This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
Date: February 2, 2009
Creator: Niksch, Larry A.
Partner: UNT Libraries Government Documents Department
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North Korea: Terrorism List Removal?

Description: This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
Date: November 6, 2008
Creator: Niksch, Larry A.
Partner: UNT Libraries Government Documents Department
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Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency

Description: This report provides background on terrorism and non-state actor challenges, and how military aviation may contribute to operations against these actors. The report discusses issues associated with the use of military aviation against non-state actors, and potential options for consideration.
Date: January 27, 2006
Creator: Bolkcom, Christopher & Katzman, Kenneth
Partner: UNT Libraries Government Documents Department
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Federal Habeas Corpus: A Brief Legal Overview

Description: This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Date: April 26, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enact… more
Date: October 2, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as t… more
Date: September 20, 2006
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enact… more
Date: September 25, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department
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Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping

Description: This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of … more
Date: January 13, 2003
Creator: Stevens, Gina & Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Privacy: An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping

Description: This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). This report also includes a brief summary of the recently expired Protect America Act, P.L. 110-55 and of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of … more
Date: December 3, 2009
Creator: Stevens, Gina & Doyle, Charles
Partner: UNT Libraries Government Documents Department
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