2 discussion questions (CRIMINAL PROCEDURE AND EVIDENCE)

Respond to the following: Answer the discussion(X2). Include at least 2 references.

A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source

M8D1: Unlawful Enemy Combatant

After the  U.S. government decided to detain unlawful enemy combatants at Guantanamo Bay, Cuba, some of these detainees immediately challenged their detentions by filing a petition requesting a writ of habeas corpus. These actions created a series of legal contests between the Court and the President of the United States.  The main issue of contention was the extent to which  the Constitution provides legal authority to the President and Congress in waging  a war on terrorism without the involvement and interpretation of these executive and legislative actions by the federal courts.

Respond to the following:

1. Present a persuasive argument either supporting or opposing unlawful enemy combatants’ constitutional right to challenge their detainment in federal courts, when held in territories outside the fifty states over which the U.S. exercises exclusive jurisdiction and control. Include some of the rationale presented in historical U.S. Supreme Court rulings to support your position.

M8D2: Balancing the USA Patriot Act

After the September 11, 2001 attacks, our nation was united in preventing any future terrorist attacks on American soil. The President and Congress responded with a plethora of legislation expanding existing laws and creating new legislative acts.  One of the most controversial pieces of legislation is the USA Patriot Act. This act increased the FBI’s power to conduct intelligence gathering and counterterrorism and counterintelligence operations that include  a broad range of investigatory tools, such as electronic surveillance, physical searches, interrogation, proactive (sting) operations, and the issuance of the very controversial National Security Letters (NSLs). However, legal challenges have been made arguing that  parts of the Act are treading on the constitutional rights and privacy of many law abiding citizens and businesses.

Respond to the following:

2.Present a valid and persuasive argument for or against the following proposition: The USA Patriot Act used the cover of fighting terrorism to greatly expand federal law enforcement powers beyond constitutional limits regarding individuals’ civil liberties.