{"id":1355,"date":"2017-09-27T17:44:35","date_gmt":"2017-09-27T17:44:35","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-fmcc-criminallaw\/?post_type=chapter&p=1355"},"modified":"2017-09-27T17:44:35","modified_gmt":"2017-09-27T17:44:35","slug":"13-2-crimes-involving-terrorism","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-sccc-criminallaw\/chapter\/13-2-crimes-involving-terrorism\/","title":{"raw":"13.2 Crimes Involving Terrorism","rendered":"13.2 Crimes Involving Terrorism"},"content":{"raw":"
\n

Learning Objectives<\/h3>\n
  1. Identify three federal statutory schemes targeting terroristic conduct.<\/li>\n
  2. Ascertain the function of the Department of Homeland Security.<\/li>\n
  3. Define international and domestic terrorism.<\/li>\n
  4. Identify crimes involving terrorism.<\/li>\n
  5. Identify potential constitutional challenges to the USA PATRIOT Act.<\/li>\n <\/ol><\/div>\n

    In recent years, crimes involving terrorism have escalated both in the United States and abroad. The federal government\u2019s response has been to enact comprehensive criminal statutes with severe penalties targeting terroristic conduct. In this section, federal statutes criminalizing acts of terrorism are reviewed, along with potential constitutional challenges.<\/p>\n

    \n

    Statutory Schemes Targeting Terrorism<\/h2>\n

    Before the September 11, 2001, terrorist attacks on the United States, the primary federal statutes criminalizing terrorism were the Omnibus Diplomatic Security and Antiterrorism Act of 1986 and the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), which was enacted after the Oklahoma City bombings. After September 11, 2001, Congress enacted the USA PATRIOT Act<\/a><\/span>, which stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.<\/p>\n

    The USA PATRIOT Act changed and strengthened existing laws targeting terrorism and enhanced US capabilities to prosecute terrorism committed abroad. Specifically, the USA PATRIOT Act increases federal jurisdiction over crimes committed outside the United States (USA PATRIOT Act, Tit. VIII \u00a7 804, 2011), creates new crimes involving financial support of terrorism or terrorists abroad (USA PATRIOT Act, Tit. VIII \u00a7 805, 2011), and provides for the civil forfeiture of assets connected to terrorism (USA PATRIOT Act, Tit. VIII \u00a7 806, 2011). Other fundamental changes incorporated in the USA PATRIOT Act are the expansion of government surveillance capabilities, including telephone interception and scrutiny of e-mails (USA PATRIOT Act, Tit. II, \u00a7 203 et seq.).<\/p>\n

    In 2002, Congress created the Department of Homeland Security<\/a><\/span> (DHS) under the authority of the Homeland Security Act. DHS enforces provisions of federal laws against terrorism and includes the following agencies: the Secret Service, Customs, the Federal Emergency Management Agency, United States Coast Guard, Border Patrol, Transportation Security Administration, and Citizenship and Immigration Services (Department of Homeland Security website, 2011).<\/p>\n

    \n

    Criminal Terroristic Conduct<\/h2>\n

    International terrorism<\/a><\/span> is defined as violent acts committed outside<\/em> the United States that would be criminal if committed in the United States, and that appear to be intended to influence a civilian population or government by intimidation, or<\/strong> to affect the conduct of government by mass destruction, assassination, or kidnapping (18 U.S.C. \u00a7 2331(1), 2011). Specific crimes such as murder, attempted murder, and conspiracy to commit murder committed against an American national<\/a><\/span> (defined as an American citizen or individual who owes permanent allegiance to the United States)(18 U.S.C. \u00a7 1101(a), 2011) while outside<\/em> the United States are graded as high-level felonies<\/strong> with all ranges of sentencing options available, including the death penalty (18 U.S.C. \u00a7 2332, 2011).Domestic terrorism<\/a><\/span> is defined exactly the same as international terrorism, except that the violent acts are committed within<\/em> the territorial jurisdiction of the United States (18 U.S.C. \u00a7 2331(5), 2011). Prohibited as terrorism are the use of a weapon of mass destruction<\/a><\/span>, which is defined as any destructive device or weapon designed to cause death or serious bodily injury through the release of chemicals, toxins, or radioactivity (18 U.S.C. \u00a7 2332A(c), 2011), bombings of places of public use\u2014including public transportation systems (18 U.S.C. \u00a7 2332F, 2011)\u2014financing of terrorism (18 U.S.C. \u00a7 2339C, 2011), harboring or concealing terrorists (18 U.S.C. \u00a7 2339, 2011), or attempt or conspiracy to do any of the foregoing. All these crimes are graded<\/strong> as serious felonies.<\/p>\n

    \n

    Example of Terrorism<\/h2>\n

    Zacarias Moussaoui, a French citizen, was the only<\/em> defendant prosecuted for the September 11, 2001, terrorist attacks. Although Moussaoui was not onboard any of the planes that crashed into the World Trade Center, Pentagon, and a Pennsylvania field because he was in federal custody, he was indicted<\/strong> (Zacarias Moussaoui indictment, 2011) for several counts of conspiracy to commit terrorism and aircraft piracy and pleaded guilty<\/strong> to all charges. Specifically, Moussaoui pleaded guilty to conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to commit aircraft piracy, conspiracy to destroy aircraft, conspiracy to use weapons of mass destruction, conspiracy to murder US employees, and conspiracy to destroy property of the United States. After the extended trial, during which Moussaoui attempted to represent himself, and the resulting guilty pleas, the jury carefully considered and recommended against the death penalty for Moussaoui, who was thereafter sentenced to life in prison (Markon, J. & Dwyer, T., 2011). Moussaoui later moved to withdraw his guilty pleas, but his motion was rejected by the US District Court for the Eastern District of Virginia (U.S. v. Moussaoui, 2011), whose decision was later affirmed by the US Court of Appeals for the Fourth Circuit (U.S. v. Moussaoui, 2011).<\/p>\n

    \n

    Figure 13.4<\/span> Moussaoui Indictment<\/p>\n \"Moussaoui<\/a><\/div>\n <\/div>\n <\/div>\n

    \n

    Constitutional Challenges to the USA PATRIOT Act<\/h2>\n

    Portions of the USA PATRIOT Act provide for enhanced government surveillance capabilities, which are considered a search, so constitutional implications are present pursuant to the Fourth Amendment<\/strong>, which prohibits unreasonable search and seizure. In addition, provisions of the Act that prohibit financing terrorists and terrorism have been attacked as violative of the First Amendment\u2019s<\/strong> protection of free speech, free association, and freedom of religion. Litigation involving these challenges is ongoing and was filed on behalf of citizens by the American Civil Liberties Union (ACLU) (Kranich, N., 2011).<\/p>\n

    \n

    Figure 13.5<\/span> Diagram of Crimes Involving National Security and Terrorism<\/p>\n \"Diagram<\/a><\/div><\/div>\n

    \n

    Key Takeaways<\/h3>\n