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Terrorists in Court

Terrorists in Court. Rules for Detaining Terrorists. Bush Administration has tried to detain terrorists without trial by never officially pressing charges Court has favored terrorists in each case Administration tried to avoid classifying terrorists as neither prisoners of war or citizens

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Terrorists in Court

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  1. Terrorists in Court

  2. Rules for Detaining Terrorists • Bush Administration has tried to detain terrorists without trial by never officially pressing charges • Court has favored terrorists in each case • Administration tried to avoid classifying terrorists as neither prisoners of war or citizens • Done to strip them of their rights and leave them in a legal limbo area between arrest and sentencing • Terrorists are supposed to be given all rights when detained but are often treated violently in an attempt to attain information about future attacks *Is it acceptable to torture terrorists in the name of public safety?*

  3. Unlawful Combatants • Definition: A Civilian who directly engages in armed conflict in violation of International Humanitarian Law and may be detained or prosecuted under the domestic law of the detaining state for such action (Princeton) • Must be treated as a prisoner of war until proven by military tribunal

  4. Rights of Accused Terrorists Grey area “Protected” by Geneva Convention and Supreme Court Rulings Habeas Corpus- granted to terrorists (Rasul v Bush-2004) Rights have been rarely enforced

  5. Rights of terrorists cont’d Public Safety Exception- when a suspect has information urgently concerning public safety, it is not required to read them Miranda Rights before interrogation -Precedent set by New York v. Quarles in 1984 Example: The Boston Marathon bomber was withheld his Miranda Rights while being interrogated

  6. Military Tribunals • Also known as Military Commissions • Used to conduct trials of non-citizens accused of terrorism • Military officers act as judge and jury members • Unanimous vote not needed (⅔ majority) • Accursed is given most due process protections • Exclusionary rule doesn’t apply • No verdict is final without consent of President or Secretary of State

  7. CONs Civilian court cases risk acquittal or a hung jury of a guilty terrorist Ensures that terrorists will be detained Trying terrorists puts a target on our back and invites future terrorist attacks Withholding this basic right can lead to future repressions of other basic rights Terrorists in Civilian Courts PROs • Holds United States’ rule of law to be true • If innocent, the accused will have their fair trial and a chance of being freed (will otherwise be unrightfully detained) • The “land of the free” title will be upheld by allowing everyone to have the fair trial guaranteed to them in the Bill of Rights *Do you think terrorists should be tried in civilian courts? Why or why not?*

  8. Guantanamo Bay • United States Prison • Located at the Guantanamo Bay Naval Base, Cuba • Opened under presidency of George Bush (2002) • Administration said the prison would be used to detain extremely dangerous prisoners and to interrogate them in an ideal setting • Bush Administration hoped that because the prison was not on U.S. soil, they were not obliged to follow the rules of the Geneva Convention • Hamdan vs. Rumsfeld (2006): Court ruled that detainees would be given rights under Geneva Convention • Torture is reported by detainees • Government officials deny these claims

  9. Punishments and Sentences • Often terrorists are killed in the action of their attack (suicide bombing) • If captured for planning/carrying out attack: • Most common punishment is prison time • Maximum security penitentiaries • Ex: Guantanamo Bay • Death penalty • Used for convicted terrorists that took part in mass murder/destruction • Ex: Saddam Hussein

  10. Court Case Examples • Hamdan v. Rumsfeld • Ruled that detainees could not be tried at Guantanamo Bay • Detainees being tried there violated Geneva Convention and Uniform Code of Military Justice • United States v. Khalid Sheikh Mohammed • Case against the alleged members of Al Qaeda that were involved in 9/11 • This case has not gone to court yet • If convicted, the five members will face the death penalty

  11. Citations • Eddlem, Thomas. "Military Commissions: Rights of Accused Terrorists Under Bush, Obama." The New American. N.p., 09 28 2010. Web. 22 Jan 2014. <http://www.thenewamerican.com/usnews/constitution/item/8057-military-commissions-rights-of-accused-terrorists-under-bush-obama>. • http://www.princeton.edu/~achaney/tmve/wiki100k/docs/Unlawful_combatant.html • http://www.crimemuseum.org/library/terrorism/punishmentForTerrorism.html • http://www.justice.gov/oip/docs/ag-memo-miranda-rights.pdf • http://www.crf-usa.org/america-responds-to-terrorism/military-tribunals.html

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