LAW REVIEW JOURNAL SUMMARY: More Counterterrorism. Counterterrorism is empowered by legislation with federal legislation leading the way. This paper is not about constitutional arguments for or against certain different elements of the U.S. Patriot Act of 2001 nor the constitutional arguments for or against the different elements of the U.S.A. Freedom Act of 2015. This paper is not about constitutional issues surrounding the NSA collection of data. The sole focus of this paper is the practical fight against terrorism as empowered by legislation. Once the United States had a stark…
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LAW REVIEW JOURNAL SUMMARY: Counterterrorism.
LAW REVIEW JOURNAL SUMMARY: Counterterrorism. Boston University Law Review Volume 92 (2012): Confronting the One-Man Wolf Pack: Adapting Law Enforcement and Prosecution Responses to the Threat of Lone Wolf Terrorism. Journal Author: Beau D. Barnes Beau D. Barnes wrote very interesting law review article in the Boston University Law Review entitled, “Confronting the one-man Wolf Pack: Adaptint Law Enforcement and Prosecution Responses to the Threat of Lone Wolf Terrorism. It can be found at: http://www.bu.edu/law/journals-archive/bulr/volume92n4/documents/BARNES.pdf. The media have hyped the threat of the “lone wolf” terrorist threat in the minds…
Read MoreCRIMINAL JUSTICE ISSUE – Impact of Illinois v. Perkins (1990).
CRIMINAL JUSTICE ISSUE – Impact of Illinois v. Perkins (1990) 1990 saw a Supreme Court battle over the constitutionality of the use of undercover officers inside of prisons. Illinois v. Perkins redefined the rules of and specifically the application of Miranda v. Arizona. Miranda, coercion, and the 5th amendment were the issues dealt with in the majority opinion. Though this was not a plurality decision, the concurring opinion delivered by Justice Brennan and the dissent bring up issues not to be ignored: the 14th Amendment and a strict analysis of…
Read MoreCRIMINAL JUSTICE ISSUE – Plea Bargaining.
CRIMINAL JUSTICE ISSUE – Plea Bargaining. Many times Plea Bargaining is not a satisfactory way of dealing with a Criminal Defense Case. This short discussion is a juxtaposition of the two basic opposite ends of the spectrum’s reasoning for not being in favor of plea bargaining. The Law Enforcement Crime Control Perspective and the Civil Libertarian Due Process Perspective are the two sort of polar ends of the spectrum of philosophy with respect to Criminal Justice. Law enforcement basically sees plea bargaining as “undesirable because defendants can avoid conviction and…
Read MoreCRIMINAL JUSTICE ISSUE – Militarization of Police.
CRIMINAL JUSTICE ISSUE – Militarization of Police. I think that there is a largely hyped up media scare about the “militarization of police”. “What does the term even mean?” is the first thought that comes to my mind. I was a USMC Reservist Tank Mechanic and we had a Corpsman who was a local SD Police Officer. When we went to qualify with our rifles and pistols on the range and in combat marksman courses he was qualified head and shoulders above the rest of us. Granted we were not…
Read MoreCRIMINAL JUSTICE ISSUE – Can you be a Genetic Criminal?
CRIMINAL JUSTICE ISSUE – Genetic Characteristics Influencing Crime For any one person there might be a genetic characteristic such as intelligence, neurobiology, and neurochemistry which might explain along with their social influences, specific event context and also their state of mind the causes behind the diminished resistance to making a criminal choice. I do not believe that this means that it is somebody’s intelligence, neurobiology or neurochemistry alone which causes a person to commit a crime. I know that there are neurobiological sociopaths who do not know right from wrong…
Read MoreCRIMINAL JUSTICE ISSUE – Hattori and Paeris, a Cultural Trajedy.
CRIMINAL JUSTICE ISSUE: Hattori and Paeris, a Cultural Tragedy. Let me preface everything I write in this paper by saying that this is one of the most unfortunate tragic situations arising out of cultural differences and misunderstandings I have come across. It was a misunderstanding as an initial incident and the developed situation still seems to have some misplaced issues. A parent’s grief at the loss of their child has to be the most painful type of grief in all of humanity. I feel that there is a misplaced emphasis…
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