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When is Running Guns from the Philippines to Mexico a Federal Crime?
This report discusses the case "United States v. Ubaldo" which concerns whether a gun smuggler who smuggled guns from a foreign country through the United States and then into another foreign country can be charged with a federal crime. The Ninth Circuit Court of Appeals upheld the conviction for conspiracy and causing the importation of weapons in violation of the Arms Export Control Act and ban on importing military firearms.
An Apparent First in U.S. Law Enforcement Use of Unmanned Ground Vehicles
This report discusses the use of a robot to kill an active shooter in Dallas, Texas on July 7, 2016, which has raised questions about what this might mean for how police use force in the future.
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.
Sentencing Reform: Comparison of Selected Proposals
This report is a comparison of selected criminal sentencing reform bills as introduced: H.R. 3713, H.R. 2944, S. 502, and H.R. 920; and S. 2123 as passed by the Senate Judiciary Committee with a manager's amendment).
U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
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.
Interrogation of Detainees: Requirements of the Detainee Treatment Act
This report discusses provisions of the Detainee Treatment Act concerning standards for the interrogation and treatment of detainees.
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.
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.
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.
Egypt: Background and U.S. Relations
This report provides an overview of the key issues for Congress related to Egypt and information on U.S. foreign aid to Egypt. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt, as well as addressing the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
Cybersecurity: Authoritative Reports and Resources
This report provides links to selected authoritative resources related to cyber security issues, including: legislation, hearings in the 112th Congress, data and statistics, and cyber security glossaries.
Cybersecurity: Authoritative Reports and Resources
Cybersecurity vulnerabilities challenge governments, businesses, and individuals worldwide. Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues and will be updated as needed.
Cybersecurity: Authoritative Reports and Resources
Congress has been actively involved in cybersecurity issues, holding hearings every year since 2001. There is no shortage of data on this topic: government agencies, academic institutions, think tanks, security consultants, and trade associations have issued hundreds of reports, studies, analyses, and statistics. This report provides links to selected authoritative resources related to cybersecurity issues.
The Proposed U.S.-Colombia Free Trade Agreement
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. The congressional debate surrounding the agreement has mostly centered on the violence issues in Colombia.
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.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court
There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue.
Enemy Combatant Detainees:
In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Egypt: Background and U.S. Relations
This report provides an overview of Egyptian politics and current issues in U.S.-Egyptian relations. It briefly provides a political history of modern Egypt, an overview of its political institutions, and a discussion of the prospects for democratization in Egypt, U.S.-Egyptian relations are complex and multi-faceted, and this report addresses the following current topics: the Arab-Israeli peace process, Iraq, terrorism, democratization and reform, human rights, trade, and military cooperation.
Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial
The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member’s continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, including misconduct or criminal offenses. They may be used in place of or after the servicemember has been subject to a court-martial or nonjudicial punishment. This report provides an overview of administrative separations as an alternative or companion to courts-martial.
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.
Terrorism Legislation: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001
This report discusses wiretapping and other controversial issues as a part of USA PATRIOT Act which bolsters the ability of federal authorities to conduct criminal and intelligence investigations, to bar and expel foreign terrorists from the United States, to separate terrorists from their sources of financial support, to punish acts of terrorism, and to address the needs of the direct victims of the events of September 11.
"Terrorism" and Related Terms in Statute and Regulation: Selected Language
Congress is considering revised definitions of “terrorism” and related terms in the context of the proposed “Anti-Terrorism Act of 2001.” While the proposed definitions relate to criminal law and immigration law, hundreds of other federal statutes and regulations already define “terrorism” and related terms in a variety of other contexts. However, these statutes and regulations ultimately refer to an extremely small set of statutory definitions, current criminal law and immigration definitions being among them. This report provides the current text of these fundamental definitions. The report will be updated as action on new antiterrorism law proceeds.
Terrorism and National Security: Issues and Trends
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Federal Crime Control Assistance to State and Local Governments
This report provides profiles of eight major Department of Justice programs to assist the state and local governments in combating crime.
DNA Evidence: Legislative Initiatives in the 106th Congress
DNA evidence is a powerful forensic tool in criminal cases. Its use and capabilities have increased substantially since it was first introduced in the late 1980s. That growth has led to the emergence of the following issues that were considered by the 106th Congress in legislative initiatives: eliminating the nationwide backlog of unanalyzed DNA samples, expanding the kinds of offenders who are profiled, providing opportunities for post-conviction testing of DNA evidence, and continuing development of forensic science capabilities. This report discusses those and related issues and the legislation proposed and enacted to address them. It begins by describing provisions in prior federal law and then discusses issues and the legislation proposed, including the enacted DNA Analysis Backlog Elimination Act of 2000 (H.R. 4640, which became P.L. 106-546).
Military Courts-Martial: An Overview
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Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Cybercrime: The Council of Europe Convention
Forty-three countries, including the United States, have signed the Council of Europe’s Convention on Cybercrime of November 2001. The U.S. Senate ratified the Convention on August 3, 2006. The Convention seeks to better combat cybercrime by harmonizing national laws, improving investigative abilities, and boosting international cooperation. Supporters argue that the Convention will enhance deterrence, while critics counter it will have little effect without participation by countries in which cybercriminals operate freely. Others warn it will endanger privacy and civil liberties.
Military Tribunals: The Quirin Precedent
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State and Local Preparedness for Terrorism: Policy Issues and Options
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Trafficking in Women and Children: The U.S. and International Response
This report reviews the statistics and growth of human trafficking across the world. The report discusses how the Bush and Clinton administration both advocated against human trafficking and the acts put in place during both administrations to combat trafficking in the United States.
Terrorism, the Future, and U.S. Foreign Policy
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Water Quality: Implementing the Clean Water Act
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Water Quality: Implementing the Clean Water Act
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Crime Control: The Federal Response
Under the federal system in the United States, the states and localities traditionally have held the major responsibility for prevention and control of crime and maintenance of order. For most of the Republic’s history, “police powers” in the broad sense were reserved to the states under the Tenth Amendment to the Constitution. Many still hold that view, but others see a string of court decisions in recent decades as providing the basis for a far more active federal role. Several bills are discussed in this report that address issues related to crime, juvenile justice, and Congress’ evolving role in crime legislation.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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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.
Child Pornography: Constitutional Principles and Federal Statutes
The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
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