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 Decade: 2010-2019
 Collection: Congressional Research Service Reports
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/metadc462541/
Trafficking in Persons: U.S. Policy and Issues for Congress
Trafficking in persons (TIP) for the purposes of exploitation is both an international and a domestic crime that involves violations of labor, public health, and human rights standards. This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking. digital.library.unt.edu/ark:/67531/metadc501525/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained. digital.library.unt.edu/ark:/67531/metadc501873/
Extraterritorial Application of American Criminal Law
Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic considerations, may counsel against its exercise. digital.library.unt.edu/ark:/67531/metadc29483/
Economic Impacts of Prison Growth
This report provides an economic overview of the correctional sector as background for the unfolding debate over spending and other policies. It begins with information on the growth in prison populations in public and in private prisons and also briefly explores the economic impacts of prison location. It is not intended a study of the effectiveness of sentencing and other laws, nor of evolving polices aimed at reducing recidivism and prison populations. digital.library.unt.edu/ark:/67531/metadc501951/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2008, FY2009, and FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations for FY2008, FY2009, and FY2010. It chronicles congressional action on the annual Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills for those fiscal years, as well as action on supplemental and stimulus appropriations bills. digital.library.unt.edu/ark:/67531/metadc501753/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF. digital.library.unt.edu/ark:/67531/metadc501845/
Department of Homeland Security Assistance to States and Localities: A Summary and Issues for the 111th Congress
This report summarizes several emergency management and homeland security programs, and identifies and analyzes potential issues for the 111th Congress. These issues include the purpose and number of assistance programs; the evaluation of the use of grant funding; the determination of eligible grant recipients; the programs' funding amounts; and the programs; funding distribution methodologies. digital.library.unt.edu/ark:/67531/metadc501913/
Trafficking in Persons: U.S. Policy and Issues for Congress
Trafficking in persons (TIP) for the purposes of exploitation is both an international and a domestic crime that involves violations of labor, public health, and human rights standards. This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking. digital.library.unt.edu/ark:/67531/metadc501579/
Terrorism, Miranda, and Related Matters
This report provides background information regarding Miranda rights and public safety exception. The report discusses Supreme Court decisions on Miranda v. Arizona, due process inquiry, and the Fifth Amendment right. digital.library.unt.edu/ark:/67531/metadc490927/
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 June 1, 2010. It also examines current legislation on identity theft and possible issues for the 111th Congress to consider. digital.library.unt.edu/ark:/67531/metadc491221/
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on the Jury's Role in Criminal Sentencing
This report discusses Justice John Paul Stevens' opinions on the Jury's role in criminal sentencing. Justice Stevens has played a critical role in the Supreme Court's interpretation of a jury's role in criminal sentencing. In 2000, he wrote the majority opinion for the Court in Apprendi v. New Jersey, a landmark case in which the Court held that a judge typically may not increase a sentence beyond the range prescribed by statute unless the increase is based on facts determined by a jury "beyond a reasonable doubt." In 2005, he wrote one of two majority opinions in United States v. Booker, in which the Court applied the Apprendi rule to the Federal Sentencing Guidelines. In those two cases and in several other cases on this issue during the past few decades, Justice Stevens has been a leading voice, articulating a broad interpretation of the jury trial and due process rights at issue. digital.library.unt.edu/ark:/67531/metadc490901/
Organized Retail Crime
This report provides an overview of organized retail crime rings, their operations, and goods targeted. It then examines the domestic impact of organized retail crime (ORC) in the arenas of the economy, public health and safety, and domestic security. The report also outlines current efforts by retailers, resale markets, and the federal government to combat ORC. It then analyzes various policy issues that the 111th Congress may wish to consider, including whether current federal resources provided for the investigation of ORC are adequate, whether to amend the U.S. Code to criminalize ORC, and whether to regulate resale marketplaces that may be utilized as fences for criminals to sell stolen goods. digital.library.unt.edu/ark:/67531/metadc490935/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
The detention of alleged enemy combatants at the U.S. Naval Station in Guantanamo Bay, Cuba, together with proposals to transfer some such individuals to the United States for prosecution or continued detention, has been a subject of considerable interest for Congress. Several authorization and appropriations measures enacted during the 111th Congress, and various pending bills, address the disposition and treatment of Guantanamo detainees. This report analyzes relevant provisions in enacted legislation and selected pending bills. digital.library.unt.edu/ark:/67531/metadc491401/
D.C. Gun Laws and Proposed Amendments
In the wake of the Supreme Court's decision in District of Columbia v. Heller, which declared three firearms provisions of the D.C. Code unconstitutional, a flurry of legislation was introduced both in Congress and in the District of Columbia Council. This report provides an analysis of the District's firearms laws and congressional proposals. digital.library.unt.edu/ark:/67531/metadc491184/
Trafficking in Persons in Latin America and the Caribbean
This report looks at instances of trafficking in persons (TIP) in Latin America. It looks at current legislation in the U.S. to combat this problem. digital.library.unt.edu/ark:/67531/metadc490924/
International Criminal Court Cases in Africa: Status and Policy Issues
This report provides background on the International Criminal Court (ICC) and its investigations in Africa, with an overview of cases currently before the Court. The report also examines issues raised by the ICC's actions in Africa, including the potential deterrence of future abuses and the potential impact on African peace processes. digital.library.unt.edu/ark:/67531/metadc491334/
Terrorist Material Support: A Sketch of 18 U.S.C. 2339A and 2339B
This report discusses the two federal material support statutes that have been at the heart of the Justice Department's terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists, 18 U.S.C. 2339A. The other outlaws providing material support to certain designated terrorist organizations, 18 U.S.C. 2339B. They share a common definition of the term "material support," some aspects of which have recently come under constitutional attack. digital.library.unt.edu/ark:/67531/metadc491428/
Terrorist Material Support: An Overview of 18 U.S.C. 2339A and 2339B
This report discusses the two federal material support statutes that have been at the heart of the Justice Department's terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists, 18 U.S.C. 2339A. The other outlaws providing material support to certain designated terrorist organizations, 18 U.S.C. 2339B. They share a common definition of the term "material support," some aspects of which have recently come under constitutional attack. digital.library.unt.edu/ark:/67531/metadc490979/
Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions
The United States Supreme Court in Skilling v. United States construed the honest services branch of the federal mail and wire fraud statutes to reach no more than cases involving bribery or kickbacks. The mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343, impose criminal penalties for the use of mail or interstate wire communications to deprive another of money or property through a "scheme or artifice to defraud." This report discusses wire and mail fraud and examines relevant court cases. digital.library.unt.edu/ark:/67531/metadc491069/
U.S.-Mexican Security Cooperation: the Mérida Initiative and Beyond
This report provides a framework for examining the current status and future prospects for U.S.- Mexican security cooperation. It begins with a brief discussion of the threat that drug trafficking and related crime and violence pose to both nations, followed by an analysis of the evolution of the Mérida Initiative. The report then provides an overview of the Peña Nieto government's security strategy and how it is affecting the Mérida Initiative. The report then examines key aspects of the current U.S.-Mexican security strategy and concludes by raising policy issues that may affect bilateral efforts. digital.library.unt.edu/ark:/67531/metadc491544/
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on international and domestic human trafficking and U.S. policy responses, with particular emphasis on the Trafficking Victims Protection Act of 2000 (TVPA) and its subsequent reauthorizations. digital.library.unt.edu/ark:/67531/metadc490954/
Federal Cocaine Sentencing Disparity: Sentencing Guidelines, Jurisprudence, and Legislation
This report discusses legislation and several court cases to examine the changing nature of Crack Cocaine penalties in comparison to powder cocaine. Until 2005, the Guidelines were binding on federal courts: the judge had discretion to sentence a defendant, but only within the narrow sentencing range that the Guidelines provided. In its 2005 opinion United States v. Booker, the Supreme Court declared that the Guidelines must be considered advisory rather than mandatory, in order to comply with the Constitution. Instead of being bound by the Guidelines, sentencing courts must treat the federal guidelines as just one of a number of sentencing factors (which include the need to avoid undue sentencing disparity). digital.library.unt.edu/ark:/67531/metadc491298/
Federal Efforts to Address the Threat of Bioterrorism: Selected Issues for Congress
This report focuses on four areas under congressional consideration deemed critical to the success of the biodefense enterprise: strategic planning; risk assessment; surveillance; and the development, procurement, and distribution of medical countermeasures. This report also discusses the effectiveness and sufficiency of programs implementing these aspects of the federal biodefense efforts, outside analysts' suggestions for improving the government's efforts, and current issues under congressional consideration. digital.library.unt.edu/ark:/67531/metadc491529/
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2011
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF. digital.library.unt.edu/ark:/67531/metadc491488/
U.S.-Mexican Security Cooperation: the Mérida Initiative and Beyond
This report looks at the funding and Congressional oversight for this the joint U.S.-Mexico effort to curb drug trafficking and violence via the Initiative. digital.library.unt.edu/ark:/67531/metadc491510/
Southwest Border Violence: Issues in Identifying and Measuring Spillover Violence
This report focuses on how policy makers would identify any spillover of drug trafficking-related violence into the United States. This report provides an overview of Mexican drug trafficking organization structures, how they conduct business, and the relationship between the drug trafficking organizations in Mexico and their partnerships operating here in the United States; a discussion of the illicit drug trade between Mexico and the United States, as well as a discussion of factors implicated in drug trafficking-related violence; an analysis of the possible nature of any spillover violence that may arise, as well as issues involved in accurately identifying and measuring such violence; and an evaluation of available crime rate data and a discussion of how this data may or may not reflect changes in drug trafficking-related crime. digital.library.unt.edu/ark:/67531/metadc491460/
Gun Control Legislation
This report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress. The report concludes with salient issues that have generated significant congressional interest, including the 1994-2004 LCAFD ban. digital.library.unt.edu/ark:/67531/metadc491117/
Community Oriented Policing Services (COPS): Current Legislative Issues
This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the Community Oriented Policing Services (COPS) program. digital.library.unt.edu/ark:/67531/metadc491431/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc31375/
Authority of State and Local Police to Enforce Federal Immigration Law
This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice. digital.library.unt.edu/ark:/67531/metadc93845/
American Jihadist Terrorism: Combating a Complex Threat
Between May 2009 and August 2010, arrests were made for 19 "homegrown," jihadist-inspired terrorist plots by American citizens or legal permanent residents of the United States. The apparent spike in such activity after May 2009 suggests that at least some Americans - even if a tiny minority - continue to be susceptible to ideologies supporting a violent form of jihad. This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. This report also provides official definitions for terms such as "homegrown," "jihadist," and "violent jihadist." The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism, describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities. digital.library.unt.edu/ark:/67531/metadc31371/
State Statutes Governing Hate Crimes
Concerns about hate crimes have become increasingly prominent among policymakers at all levels of government in recent years. This report compiles state statutes pertaining to hate crimes, including in the context of federal legislation such as the Violent Crime Control and Law Enforcement Act of 1994 and the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (the latter of which was signed by President Obama on October 28, 1999). digital.library.unt.edu/ark:/67531/metadc29664/
Proposed U.S.-Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA; H.R. 5724 and S. 2830): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians. digital.library.unt.edu/ark:/67531/metadc29719/
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful. digital.library.unt.edu/ark:/67531/metadc29614/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to teh U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained. digital.library.unt.edu/ark:/67531/metadc29573/
Perjury Under Federal Law: A Brief Overview
This report describes perjury under federal law, including a definition as well as in-depth explorations of the three general federal perjury laws. This report is available in abbreviated form - without footnotes, quotations, or citations - as CRS Report 98-807, Perjury Under Federal Law: A Sketch of the Elements. digital.library.unt.edu/ark:/67531/metadc29557/
Perjury Under Federal Law: A Sketch of the Elements
This report discusses the three general federal perjury laws. This report is an abbreviated version of CRS Report 98-808, Perjury Under Federal Law: A Brief Overview, by Charles Doyle, stripped of most footnotes, quotations, citations, and bibliography. digital.library.unt.edu/ark:/67531/metadc29556/
International Parental Child Abductions
International child custody disputes are likely to increase in frequency as the global society becomes more integrated and mobile. Since 1988, the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention" or "Convention") has been the principal mechanism for enforcing the return of abducted children to the United States. This report will discuss the applicability of the Hague Convention and current U.S. laws, both civil and criminal, which seek to address the quandary of children abducted by parents to foreign nations. In addition, pending legislation, including H.R. 3240 and H.R. 3487, is discussed. digital.library.unt.edu/ark:/67531/metadc31443/
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/metadc491507/
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. "Homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. digital.library.unt.edu/ark:/67531/metadc491228/
Securing America's Borders: The Role of the Intelligence Community
Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however. digital.library.unt.edu/ark:/67531/metadc31392/
Guantanamo Detention Center: Legislative Activity in the 111th Congress
This report analyzes relevant provisions in enacted legislation and selected pending bills relating to the U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained. digital.library.unt.edu/ark:/67531/metadc491645/
Trafficking in Persons in Latin America and the Caribbean
This report discusses the issue of trafficking in persons (TIP) in Latin America, giving background information and examining possible policy solutions. digital.library.unt.edu/ark:/67531/metadc491339/
Reauthorizing the Office of National Drug Control Policy: Issues for Consideration
This report provides a discussion of the National Drug Control Strategy, the National Drug Control Budget, and the Office of National Drug Control Policy's (ONDCP's) evaluation of the National Drug Control Strategy implementation. It then provides an analysis of selected legislative and oversight issues that Congress may consider when debating the reauthorization of ONDCP. Policymakers may question the status of the war on drugs, whether drug use should be seen as more of a law enforcement issue or a public health issue, and whether drug control resources are more effective when directed toward prevention and treatment or toward law enforcement. Another issue for consideration is whether the National Drug Control Budget--as currently conceived--represents a comprehensive view of federal drug control activities in the United States. Further, Congress may exercise oversight over ONDCP's means of evaluating the nation's federal drug control programs. digital.library.unt.edu/ark:/67531/metadc491470/
Gun Control Legislation
This report provides basic firearms-related statistics, an overview of federal firearms law, and a summary of legislative action in the 111th Congress. digital.library.unt.edu/ark:/67531/metadc491006/
Ricin: Technical Background and Potential Role in Terrorism
This report describes what ricin is, how it is made, its effects, examples of its use, its potential for use as a bioterror weapon, and how its possession is currently regulated. digital.library.unt.edu/ark:/67531/metadc491085/
Organized Crime in the United States: Trends and Issues for Congress
This report provides a background on organized crime in the United States as well as the tools that Congress has afforded for the federal government to combat it. It outlines the trends in federal efforts to investigate and prosecute organized crime. The report then discusses the evolving nature of organized crime, including the domestic impact of organized crime, prominent organized crime groups, and their illegal activities affecting the United States. It concludes with a discussion of issues that Congress may wish to consider, including the attention the federal government allocates to organized crime matters, the multilateral efforts to combat organized crime, and issues surrounding a potential nexus between organized crime and terrorism. digital.library.unt.edu/ark:/67531/metadc490895/
Organized Crime: An Evolving Challenge for U.S. Law Enforcement
This report provides an analysis of how organized crime has capitalized on globalization by using borders as opportunities, relying on fast-paced technological change, and adapting its organizational structures. It illustrates how these transformations can impact U.S. persons, businesses, and interests. The report includes a discussion of how U.S. law enforcement conceptualizes organized crime in the 21st century and concludes by examining potential issues for Congress, including the extent to which organized crime is a national security threat (partly to be tackled by U.S. law enforcement agencies), congressional oversight regarding the federal coordination of organized crime investigations, and the utility of current resources appropriated to combat organized crime. digital.library.unt.edu/ark:/67531/metadc491441/
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global anti-trafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of anti-trafficking legislation and an analysis of policy issues related to human trafficking. digital.library.unt.edu/ark:/67531/metadc491453/
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