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USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005
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Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Ricin: Technical Background and Potential Role in Terrorism
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Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Terrorism in South Asia
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The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under Military Commission Order (M.C.O.) No. 1 and general military courts-martial conducted under the Uniform Code of Military Justice (UCMJ). The report notes some of the criticism directed at the President's Military Order (M.O.), and explains how those concerns are addressed by the military commission orders and instructions. The report concludes by summarizing legislation introduced to authorize and regulate military tribunals to try suspected Al Qaeda and Taliban members, and provides two charts to compare the proposed military tribunals under proposed legislation, the regulations issued by the Department of Defense, and standard procedures for general courts-martial under the Manual for Courts-Martial.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
Enforcing Immigration Law: The Role of State and Local Law Enforcement
This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
The U.N. Convention Against Torture: Overview of U.S. Implementation Policy Concerning the Removal of Aliens
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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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. 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 is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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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.
Options for Trying Saddam Hussein for International Crimes
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Civil Charges in Corporate Scandals
This report lists civil suites filled by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their offices or employees that fit within the Enron pattern. That is, these are cases that display one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interests between firms and financial advisors (or Wall Street firms and their costumers), and manipulation or abusive trading in energy markets.
Illicit Drugs and the Terrorist Threat: Causal Links and Implications for Domestic Drug Control Policy
The international traffic in illicit drugs contributes to terrorist risk through at least five mechanisms: supplying cash, creating chaos and instability, supporting corruption, providing “cover” and sustaining common infrastructures for illicit activity, and competing for law enforcement and intelligence attention. Of these, cash and chaos are likely to be the two most important.
Terrorist Identification, Screening, and Tracking Under Homeland Security Presidential Directive 6
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Small-scale Terrorist Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary Comparisons
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U.S. Treatment of Prisoners in Iraq: Selected Legal Issues
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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 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.
Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Military Courts-Martial: An Overview
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The Department of State's Patterns of Global Terrorism Report: Trends, State Sponsors, and Related Issues
This report highlights trends and data found in the State Department’s annual Patterns of Global Terrorism report, (Patterns 2003) and addresses selected issues relating to its content.
USA PATRIOT Act Sunset: Provisions That Expire on December 31, 2005
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U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques
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Small-Scale Terrorist Attacks Using Chemical and Biological Agents: An Assessment Framework and Preliminary Comparisons
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Obscenity and Indecency: Constitutional Principles and Federal Statutes
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Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
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Internet: Status Report on Legislative Attempts to Protect Children from Unsuitable Material on the Web
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Terrorism and National Security: Issues and Trends
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Military Tribunals: Historical Patterns and Lessons
This report summarizes the types of military tribunals that have functioned from the Revolutionary War to the present time, explaining the legislative enactments that have guided these tribunals and the judicial decisions that have reviewed their constitutionality.
The Advancing Justice Through DNA Technology Act of 2003 (H.R. 3214): A Section-by-Section Analysis
This report summarizes the Advancing Justice Through DNA Technology Act (H.R. 3214). Additionally, the report covers each title of the act such as title one expanding the ability to qualify for the DNA Backlog Grant Program.
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.
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
Terrorism in South Asia
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Removing Terrorist Sanctuaries: The 9/11 Commission Recommendations and U.S. Policy
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Terrorism: Key Recommendations of the 9/11 Commission and Recent Major Commissions and Inquiries
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Terrorism in Southeast Asia
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Privacy: Key Recommendations of the 9/11 Commission
Several of the recommendations made to protect against and prepare for terrorist attacks in the final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) focus on the protection of civil liberties. This report examines these recommendations, and those of other recent commissions.
Lawfulness of Interrogation Techniques under the Geneva Conventions
This report outlines the provisions of the Conventions as they apply to prisoners of war and to civilians, and the minimum level of protection offered by Common Article 3 of the Geneva Conventions. There follows an analysis of key terms that set the standards for the treatment of prisoners that are especially relevant to interrogation, including torture, coercion, and cruel, inhuman and degrading treatment, with reference to some historical war crimes cases and cases involving the treatment of persons suspected of engaging in terrorism. Finally, the report discusses and analyzes some of the various interrogation techniques approved or considered for use during interrogations of prisoners at Abu Ghraib.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333. In addition, it will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review
Nuclear Terrorism: A Brief Review of Threats and Responses
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Standards For Retroactive Application Based Upon Groundbreaking Supreme Court Decisions in Criminal Law
This report discusses the Supreme Court decision to announce the “new rule”, supreme courts decision that addresses an issue of law in a new way or for the first time. In criminal law new rules apply prospectively, but they also apply retroactively sometimes.
War on Drugs: Legislation in the 108th Congress and Related Developments
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DNA Testing for Law Enforcement: Legislative Issues for 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).
Botswana: The San (Bushmen) Rights Case
This report discusses the case of San people of Botswana against the government of Botswana.
Drug Control: International Policy and Approaches
Over the past decade, worldwide production of illicit drugs has risen dramatically: opium and marijuana production has roughly doubled and coca production tripled. Street prices of cocaine and heroin have fallen significantly in the past 20 years, reflecting increased availability. Despite apparent national political resolve to deal with the drug problem, inherent contradictions regularly appear between U.S. anti-drug policy and other national policy goals and concerns. The mix of competing domestic and international pressures and priorities has produced an ongoing series of disputes within and between the legislative and executive branches concerning U.S. international drug policy. One contentious issue has been the Congressionally-mandated certification process, an instrument designed to induce specified drug-exporting countries to prioritize or pay more attention to the fight against narcotics businesses.
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