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 Country: United States
 Decade: 2000-2009
 Collection: Congressional Research Service Reports
In Re Terrorist Attacks on September 11, 2001: Dismissals of Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)
This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the recent court of appeals decision. This report examines the legal bases for those dismissals. digital.library.unt.edu/ark:/67531/metadc795547/
Obscenity and Indecency: Constitutional Principles and Federal Statutes
This report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce. digital.library.unt.edu/ark:/67531/metadc821094/
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. digital.library.unt.edu/ark:/67531/metadc821580/
Polygraph Use by the Department of Energy: Issues for Congress
This report examines how the Department of Energy's (DOE) polygraph testing program has evolved and reviews certain scientific findings with regard to the polygraph's scientific validity. Several issues include whether: DOE's new screening program is focused on an appropriate number of individuals occupying only the most sensitive positions; the program should be expanded in order to adequately safeguard certain classified information; further research into the polygraph's scientific validity is needed; there are possible alternatives to the polygraph; and whether DOE should continue polygraph screening. digital.library.unt.edu/ark:/67531/metadc462298/
Identity Theft: Trends and Issues
This report first provides a brief federal legislative history of identity theft laws. It analyzes the current trends in identity theft, including prevalent identity theft-related crimes, the federal agencies involved in combating identity theft, and the trends in identity theft complaints and prosecutions. digital.library.unt.edu/ark:/67531/metadc505467/
Identity Theft: Trends and Issues
This report first provides a brief federal legislative history of identity theft laws. It analyzes the current trends in identity theft, including prevalent identity theft-related crimes, the federal agencies involved in combating identity theft, and the trends in identity theft complaints and prosecutions. The report also discusses the relationship between data breaches and identity theft as well as possible effects of the FTC's Identity Theft Red Flags Rule, effective November 1, 2009. digital.library.unt.edu/ark:/67531/metadc505525/
Federal Grand Juries: The Law in a Nutshell
This report discusses the history and current role of the federal grand jury in the American criminal justice system. The federal grand jury exists to investigate crimes against the United States and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers. As an arm of the United States District Court which summons it, upon whose process it relies, and which will receive any indictments it returns, the grand jury's subject matter and geographical jurisdiction is that of the court to which it is attached. digital.library.unt.edu/ark:/67531/metacrs8310/
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.” digital.library.unt.edu/ark:/67531/metacrs9934/
Department of Justice (DOJ) Appropriations for FY2008 and FY2009
This report provides a discussion of funding for the U.S. Department of Justice (DOJ) for fiscal years 2008 and 2009, including background information, a breakdown of funding from FY2008 regular and supplemental funding, and budget requests for FY2009. digital.library.unt.edu/ark:/67531/metadc743482/
International Terrorism: Threat, Policy, and Response
This report examines international terrorist actions, threats, U.S. policies and responses. It reviews the nation’s use of tools at its disposal to combat terrorism, from diplomacy, international cooperation, and constructive engagement to physical security enhancement, economic sanctions, covert action, and military force. digital.library.unt.edu/ark:/67531/metacrs9506/
International Terrorism: Threat, Policy, and Response
This report examines international terrorist actions, threats, U.S. policies and responses. It reviews the nation’s use of tools at its disposal to combat terrorism, from diplomacy, international cooperation, and constructive engagement to physical security enhancement, economic sanctions, covert action, and military force. digital.library.unt.edu/ark:/67531/metacrs9505/
Missing Adults: Background, Federal Programs, and Issues for Congress
The first section of this report discusses demographics and record keeping of missing adults and unidentified remains, and some of the factors that may contribute to the disappearance of adults. This section also discusses federally funded databases that are used to track data on missing adults and unidentified individuals. The second section of the report describes the federal programs and initiatives to assist in locating missing adults, including funding data for FY2002 through FY2008, where applicable. digital.library.unt.edu/ark:/67531/metadc819365/
Science, State, Justice, Commerce and Related Agencies (House)/ Commerce, Justice, Science and Related Agencies (Senate): FY2006 Appropriations
This report monitors actions taken by the 109th Congress for the House’s Science, State, Justice, Commerce, and Related Agencies (SSJC) and the Senate’s Commerce, Justice, Science, and Related Agencies (CJS) FY2006 appropriations legislation. digital.library.unt.edu/ark:/67531/metadc821123/
Identity Theft Laws: State Penalties and Remedies and Pending Federal Bills
This report provides an overview of state laws on identity theft. It discusses state laws that penalize identity theft, as well as state laws that assist identity theft victims, including those that permit consumers to block unauthorized persons from obtaining their credit information, known as “security freezes.” The report also includes a survey of state “credit freeze” statutes. The report concludes with summaries of federal identity theft legislation pending in the 110th Congress. digital.library.unt.edu/ark:/67531/metadc822009/
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. digital.library.unt.edu/ark:/67531/metadc821985/
Closing the Guantanamo Detention Center: Legal Issues
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 substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc463051/
Closing the Guantanamo Detention Center: Legal Issues
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 substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc463058/
Closing the Guantanamo Detention Center: Legal Issues
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 substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc463228/
Closing the Guantanamo Detention Center: Legal Issues
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 substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc462129/
Closing the Guantanamo Detention Center: Legal Issues
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 substantive protections that are utilized in different adjudicatory forums. digital.library.unt.edu/ark:/67531/metadc463381/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations
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. digital.library.unt.edu/ark:/67531/metadc505382/
Gun Control Legislation
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. digital.library.unt.edu/ark:/67531/metadc505385/
Hate Crime Legislation
This report provides an overview of the hate crime debate, with background on current law and hate crime statistics, and a legislative history of hate crime prevention bills in recent Congresses. This report does not analyze the constitutional or other legal issues that often arise as part of the hate crime debate. digital.library.unt.edu/ark:/67531/metadc503369/
Family Violence Prevention and Services Act: Programs and Funding
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 violence in families. digital.library.unt.edu/ark:/67531/metadc505498/
Hate Crime Legislation
This report provides an overview of the hate crime debate, with background on current law and hate crime statistics, and a legislative history of hate crime prevention bills in recent Congresses. This report does not analyze the constitutional or other legal issues that often arise as part of the hate crime debate. digital.library.unt.edu/ark:/67531/metadc503398/
Alien Smuggling: Recent Legislative Developments
This report discusses issues surrounding aliens within the United States including an overview of currently-proscribed activities, exemptions, sentencing provisions, and proposed legislative changes. digital.library.unt.edu/ark:/67531/metadc94148/
Federal Habeas Corpus: An Abridged Sketch
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. digital.library.unt.edu/ark:/67531/metacrs8968/
Federal Habeas Corpus: A Brief Legal Overview
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. digital.library.unt.edu/ark:/67531/metacrs8969/
Federal Habeas Corpus Relief: Background, Legislation, and Issues
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 system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation. digital.library.unt.edu/ark:/67531/metacrs8967/
Interrogation of Detainees: Overview of the McCain Amendment
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 enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA 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 the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law. digital.library.unt.edu/ark:/67531/metacrs9888/
Interrogation of Detainees: Overview of the McCain Amendment
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 enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA 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 the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law. digital.library.unt.edu/ark:/67531/metacrs9922/
Interrogation of Detainees: Overview of the McCain Amendment
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 the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld. digital.library.unt.edu/ark:/67531/metacrs9887/
North Korea: Terrorism List Removal?
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. digital.library.unt.edu/ark:/67531/metadc795342/
Federal Crime Control: Background, Legislation, and Issues
This report discusses the prevention and control of domestic crime, which has traditionally been a responsibility of state and local governments, with the federal government playing more of a supportive role. digital.library.unt.edu/ark:/67531/metadc795457/
North Korea: Terrorism List Removal?
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. digital.library.unt.edu/ark:/67531/metadc795794/
Missing and Exploited Children: Overview and Policy Concerns
This report presents an overview of two national incidence studies prepared by Office of Juvenile Justice and Delinquency Prevention (OJJDP) to determine annually the number of reported missing and recovered children in the nation. It also discusses the AMBER Alert System created to help recover reported missing children, legislation introduced in the 108th Congresses to address the missing children issue, and questions that remain regarding concerns about missing children. S. 151, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act, which was signed into law (P.L. 108-21) by the President on April 30, 2003, contains provisions related to missing and exploited children. Exploitation of Children Today (PROTECT) Act, which was signed into law (P.L. 108-21) by the President on April 30, 2003, contains provisions related to missing and exploited children. digital.library.unt.edu/ark:/67531/metacrs3899/
Missing and Exploited Children: Overview and Policy Concerns
This report presents an overview of two national incidence studies prepared by Office of Juvenile Justice and Delinquency Prevention (OJJDP) to determine annually the number of reported missing and recovered children in the nation. It also discusses the AMBER Alert System created to help recover reported missing children, legislation introduced in the 108th Congresses to address the missing children issue, and questions that remain regarding concerns about missing children. S. 151, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act, which was signed into law (P.L. 108-21) by the President on April 30, 2003, contains provisions related to missing and exploited children. digital.library.unt.edu/ark:/67531/metacrs3896/
Missing and Exploited Children: Overview and Policy Concerns
This report presents an overview of two national incidence studies prepared by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to determine annually the number of reported missing and recovered children in the nation. It also discusses the AMBER Alert System created to help recover reported missing children, legislation introduced in the 108th Congresses to address the missing children issue, and questions that remain regarding concerns about missing children. digital.library.unt.edu/ark:/67531/metacrs3898/
Missing and Exploited Children: Overview and Policy Concerns
This report presents an overview of two national incidence studies prepared by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to determine annually the number of reported missing and recovered children in the nation. It also discusses the AMBER Alert System created to help recover reported missing children, legislation introduced in the 108th Congresses to address the missing children issue, and questions that remain regarding concerns about missing children. digital.library.unt.edu/ark:/67531/metacrs3900/
Missing and Exploited Children: Overview and Policy Concerns
This report presents an overview of two national incidence studies prepared by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to determine annually the number of reported missing and recovered children in the nation. It also discusses the AMBER Alert System created to help recover reported missing children, legislation introduced in the 108th Congresses to address the missing children issue, and questions that remain regarding concerns about missing children. digital.library.unt.edu/ark:/67531/metacrs3897/
Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency
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. digital.library.unt.edu/ark:/67531/metacrs8470/
Criminal Money Laundering Legislation in the 109th Congress
This report gives a brief overview of U.S. law as it relates to the crime of money laundering by identifying bills in the 109th Congress that have amended definitions or sentencing for money laundering and predicated offenses. digital.library.unt.edu/ark:/67531/metadc824813/
The Death Penalty: Capital Punishment Legislation in the 109th Congress
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: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions. digital.library.unt.edu/ark:/67531/metadc822361/
The Death Penalty: Capital Punishment Legislation in the 109th Congress
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: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions. digital.library.unt.edu/ark:/67531/metadc818326/
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress
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. digital.library.unt.edu/ark:/67531/metadc820873/
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress
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 incapacitating the criminally dangerous. digital.library.unt.edu/ark:/67531/metadc822475/
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA. digital.library.unt.edu/ark:/67531/metadc463009/
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines compulsory DNA collection by law enforcement and its implications in regards to 4th amendment protections by examining legal precedents and considering the contemporary scientific understanding of DNA. digital.library.unt.edu/ark:/67531/metadc463488/
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
This report focuses on the terrorism-related grounds for inadmissibility and deportation/removal. It opens with an overview of the terror-related grounds as they evolved through key legislation enacted in recent years. The section on current law explains the legal definitions of "terrorist activity," "engage in terrorist activity," and "terrorist organization," and describes the terror-related grounds for inadmissibility and removal. The report then discusses the alien screening process to determine admissibility and to identify possible terrorists, both during the visa issuance process abroad and the inspections process at U.S. ports of entry. digital.library.unt.edu/ark:/67531/metadc461976/
An Overview of the Presidential Pardoning Power
This report provides an overview of the scope of the President's pardoning power, the legal effects of a pardon, and the procedures that have traditionally been adhered to in the consideration of requests for pardons. digital.library.unt.edu/ark:/67531/metadc462432/
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