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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 school violence.
Terrorism at Home and Abroad: Applicable Federal and State Criminal Laws
Terrorists’ attacks on the World Trade Center, the Pentagon, the Murrah building in Oklahoma City, and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. This is a brief overview of the state and federal laws that now prohibit terrorism in this country and abroad.
NASA's Space Shuttle
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Defense Cleanup and Environmental Programs: Authorization and Appropriations for FY2003
The Department of Defense (DOD) administers five environmental programs in response to various requirements under federal environmental laws. These programs include environmental cleanup, environmental compliance, pollution prevention, environmental technology, and conservation. Additionally, the Department of Energy (DOE) is responsible for managing defense nuclear waste and cleaning up contaminated nuclear weapons sites. The Administration requested a total of $11.17 billion for these programs in FY2003, about $390 million more than the FY2002 funding level of $10.78 billion. Some of the ongoing issues associated with these programs are the adequacy, cost, and pace of cleanup, whether DOD and DOE adequately comply with environmental laws and regulations, and the extent to which environmental requirements encroach upon military readiness.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
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Military Aviation: Issues and Options for Combating Terrorism and Counterinsurgency
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Detention of American Citizens as Enemy Combatants
This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Trafficking in Persons: The U.S. and International Response
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Interrogation of Detainees: Overview of the McCain Amendment
This report discusses the recent controversy that 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). Congress recently approved additional guidelines concerning the treatment of detainees. 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) contain identical 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, added to the defense appropriations and authorization bills via amendments 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.
USA PATRIOT Act Improvement and Reauthorization Act of 2005: A Legal Analysis
Several sections of the USA PATRIOT Act and one section of the Intelligence Reform and Terrorism Prevention Act of 2004 were originally scheduled to expire on December 31, 2005. In July 2005, both Houses approved USA PATRIOT reauthorization acts, H.R. 3199 and S. 1389, and the conference committee filed a report, H.Rept. 109-333. A separate bill, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271), provided civil liberties safeguards not included in the conference report. Both H.R. 3199 and S. 2271 were signed into law (P.L. 109-177 and P.L. 109-178) by the President on March 9, 2006.
European Approaches to Homeland Security and Counterterrorism
This report examines homeland security and counterterrorist measures in six selected European countries: Belgium, France, Germany, Italy, Spain, and the United Kingdom. None of these European countries currently has a single ministry or department equivalent to the U.S. Department of Homeland Security. In most of these countries, responsibility for different aspects of homeland security and counterterrorism is scattered across several ministries or different levels of government.
Public Safety Communications Policy
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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.
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.
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.
Crime Victims' Rights Act: A Summary and Legal Analysis of 18 U.S.C. 3771
An overview of rights afforded to federal crime victims. The report describes who qualifies for these rights and follows with a description of the rights.
Cybersecurity: Authoritative Reports and Resources
Report that provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Cybersecurity: Authoritative Reports and Resources
This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Cybersecurity: Authoritative Reports and Resources
This report provides links to selected authoritative resources related to cybersecurity issues, including: legislation, hearings in the 112th Congress, data and statistics, and cybersecurity glossaries.
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress
This report explores current foreign policy issues confronting U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts. The 112th Congress has introduced and taken action on several bills related to human trafficking. Given recent challenges in balancing budget priorities, the 112th Congress may choose to consider certain aspects of this issue further, including the effectiveness of international anti-trafficking projects, interagency coordination mechanisms, and the monitoring and enforcement of anti-trafficking regulations, particularly as they relate to the activities of U.S. government contractors and subcontractors operating overseas.
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.
Cybersecurity: Authoritative Reports and Resources
This report provides links to selected authoritative resources related to cybersecurity issues. This report includes information on Legislation, Executive Orders and Presidential Directives, Data and Statistics, Cybersecurity Glossaries", Reports by Topic, Government Accountability Office (GAO) reports, White House/Office of Management and Budget reports, Military/DOD, Cloud Computing, Critical Infrastructure, National Strategy for Trusted Identities in Cyberspace (NSTIC), Cybercrime/Cyberwar, International, Education/Training/Workforce, and Research and Development (R&D)
Trafficking in Persons: International Dimensions and Foreign Policy Issues for Congress
Report that explores current foreign policy issues regarding U.S. efforts to combat human trafficking, the interrelationship among existing polices, and the historical and current role of Congress in such efforts.
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried
This report is an abridged version of CRS Report RL33223, Venue: A Legal Analysis of Where a Federal Crime May Be Tried, by Charles Doyle, stripped of the footnotes and most of the citations to authority found in the longer version.
Aiding, Abetting, and the Like: An Abbreviated Overview of 18 U.S.C. 2
This report discuses the issues that virtually every federal criminal statute has a hidden feature; helpers and hands-on offenders face the same punishment. This results from 18 U.S.C. 2, which visits the same consequences on anyone who orders or assists in the commission of a federal crime.
Aiding, Abetting, and the Like: An Overview of 18 U.S.C. 2
This report discuses the issues that virtually every federal criminal statute has a hidden feature; helpers and hands-on offenders face the same punishment. This results from 18 U.S.C. 2, which visits the same consequences on anyone who orders or assists in the commission of a federal crime.
Sifting Domestic Terrorism from Other Illegal Activity
This report briefly discusses key differences between domestic terrorism and ordinary criminal activity. Unlike ordinary criminals--who are often driven by self-centered motives such as profit and tend to opportunistically seek easy prey--domestic terrorists are driven by a cause or ideology.
Risk and Needs Assessment in the Criminal Justice System
This report provides information on the use of risk and needs assessment in the criminal justice system. It starts with an overview of risk and needs assessment and a discussion of some critiques. The report concludes with a discussion of the issues policymakers might consider if they debate legislation to expand the use of risk and needs assessment in the federal prison system.
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity
This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change
This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
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