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Community Oriented Policing Services (COPS): Background, Legislation, and Funding
This report discusses the Community Oriented Policing Services (COPS) program, which was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. Several bills introduced in the 111th Congress would either modify the COPS program, reauthorize appropriations for the program, or both.
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.
Gangs in Central America
This report describes the gang problem in Central America, discusses country and regional approaches to deal with the gangs, and analyzes U.S. policy with respect to gangs in Central America.
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 recent years. The section on current law explains several legal definitions, and describes the terror-related grounds for inadmissibility and removal. The report then discusses the screening process to determine admissibility and to identify possible terrorists.
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.
The National Counterterrorism Center (NCTC)--Responsibilities and Potential Congressional Concerns
This report looks at inadequacies present in the National Counterterrorism Center (NCTC) which prevent the Center from adequately performing its duty. These inadequacies include issues with agency organization, lack of resources, and a focus on threats from Yemen over domestic threats.
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.
Burma and Transnational Crime
This report analyzes the primary actors driving transnational crime in Burma, the forms of transnational crime occurring, and current U.S. policy in combating these crimes.
The MS-13 and 18th Street Gangs: Emerging Transnational Gang Threats?
This report provides an overview of the MS-13 and M-18 gangs,5 examines how MS-13 and M-18 gangs are different from other gangs and organized crime groups, and discusses what constitutes a transnational gang. The report also explores whether MS-13 and M-18 gangs are transnational gangs, and discusses the various federal responses to these gangs.
Proposed 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.
Terrorist Attacks on Commercial Airlines: Federal Criminal Prohibitions
This report is a brief description of offenses with which terrorists may be charged, an outline of the penalties to which they may be subject, and of the jurisdictional circumstances under which offenses they may be federally prosecuted regardless of whether they are committed within the United States or overseas.
Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court
This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
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.
Immigration-Related Detention: Current Legislative Issues
This report discusses issues for Congress in regards to the potential reform of the nation's immigration system. The detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States.
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.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Al Qaeda and Affiliates: Historical Perspective, Global Presence, and Implications for U.S. Policy
The focus of this report is on the history of Al Qaeda, known (or attributed) actions, suspected capabilities of the organization and non-aligned entities, and an analysis of select regional Al Qaeda affiliates.
Compulsory DNA Collection: A Fourth Amendment Analysis
This report examines statutory authorities, constitutional principles, and case law related to compulsory DNA extraction and analyzes potential impacts of recent developments for Fourth Amendment cases.
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. It 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; and other related issues.
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.
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.
Federal Efforts to Address the Threat of Bioterrorism: Selected Issues for Congress
This report focuses on four areas critical to the success of the biodefense enterprise that the 111th Congress is likely to consider: strategic planning; risk assessment; surveillance; and the development, procurement, and distribution of medical countermeasures.
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.
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.
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings
This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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