Essay on "Terrorism Law"

Essay 6 pages (2030 words) Sources: 2

[EXCERPT] . . . .

Terrorism Law

Terrorism is the destruction of property or people by individuals or an individual who do not operate for an established entity. Their actions are always aimed at redressing an imaginary or a real injustice towards an established government. Their actions are sometimes direct and at other times indirect (McCormack 21). Not all actions of destruction of property or people can be categorized as terrorism. The most vital factors that characterize the definition of terrorism include the following aspects.

People or a person who is not representing an established institution must do the act of causing destruction.

The destruction act is performed with the aim of redressing an imaginary or real injustice.

The act of destruction is always aimed at an established government, which is viewed as the source of the injustice.

An act of destruction cannot qualify as terrorism without the above characteristics. It is an issue of internal policy, an ordinary crime of common law such as arson and murder, an act of war or an accident. This means that if an act of destroying property or people is not directed at an established government, this cannot be seen as terrorism. This is regardless of whether the act aims at redressing a crime (Marting 15).

2. Theories of Understanding Terrorism (200 words)

Three theories can be used to foster the understanding terrorism:

The theory of anarchism:

This theory provides a justification for terrorism as an act of crime aimed at attacking values of an established society. This theory is based on governance that prohibits any form of external authority and instead advocates for other forms of organizations like mutual assistance to citizens of a country. This theory supports any organization whose structure is non-authoritarian and gives workers the greatest freedom (Cumming 9).

The theory of fascism:

This theory advocates for the use of power in scaring or impressing other people. It involves consolidating all political and economic power in order to form an entity that if focused on endlessly fighting with their enemies. This theory originated because of merging the corporate and state power. The theory is based on the concept of reassuring indomitable power. The theory of fascism is held as the constant and ingenious ways of applying propaganda so that people can be shown that paradise represents hell and vice versa (Cumming 21).

The theory of religion:

Researchers have pointed out that religion has something valuable to say about terrorism. This theory is of the opinion that issues of religion motivate the most dangerous terrorist groups on earth. These groups believe that God has approved for their actions on earth. They are always motivated by a sense of vengeance for t east and hope for the future. Ideas relating vengeance triggers these groups to perform acts of terrorism (Cumming 38).

3. A Review of Attempt and Conspiracy (200 words)

Attempt implies that an action has been attempted even though it has not been completed. Attempt is like injuring a person with intent to kill, but only ends up inflicting serious bodily harm. Conspiracy is the act of planning to commit a crime of murder. A person does not have to complete the act of crime in order to be punished. An individual who attempts to commit a crime is already engaging in a crime and must be punished just as that person who completes a crime. Similarly, individuals who are accused of attempt are subject to court scrutiny. The courts are responsible for scrutinizing acts of individuals so that they can establish whether an individual has taken a substantial step of attempt. In attempt, an individual does not have to be close to completing the act of crime. On the other hand, individuals are punished for conspiracy depending on their offence. Conspiracy is held as a felony under the first degree if the subject of conspiracy is murder. If the conspiracy is categorized below the first-degree felony, then the punishment will be much lesser. A conspiracy that falls under the felony of a fifth degree is treated as a misdemeanor of the first degree (McCormack 59).

4. A Review of Being an Accomplice to Crime (200 words)

An accomplice to crime is an individual who aids another person in committing a crime: this is either during the execution of the crime or before the crime. However, the conduct of such an individual does not make the crime itself. An accomplice to crime may sometimes assist a perpetrator without knowing. Such a person is referred to as an accomplice after the act. The perpetrator will be highly liable to the crime than the accomplice who will only be punished for being involved in a crime (Marting 56). However, if the court deems that the extent of participation is gross, the accomplice will be charged with committing the crime itself: in this case, the accomplice becomes a co-perpetrator. The judgment of the court is based on the finding that the extent of participation qualifies all the elements of a crime. An accomplice who helps a person to commit a crime will be charged as the real perpetrator of the crime. For instance, if a wife hires an assassin to murder her husband, then the wife will be treated as a co-perpetrator and will be charged as the assassin. For a person to be held as an accomplice he, or she must have had actual assistance or participation in the crime. He or she must have acted in some ways.

5. How do we legally designate and detain terrorists? (200 words).

Many questions have been brought forward regarding the legal frameworks that must be considered while controlling terrorism. Terrorism has been treated as a matter of criminal law, but there has been a remarkable difference on the war on terrorism. Available evidence shows that decisions have been made to try terrorists as enemies of sate, as well as focus on enemy combats. The war on terrorists is being fought in different ways:

A. Thwarting the efforts of terrorist before they commit the act of terrorism

B. Not allowing radical groups the sanctuary and support of any outlawed regime

C. Not allowing any future recruits into the military

Although actions of terrorists have been using force such as missiles, the current war on terror precedents the use of force. This is because such approaches to combat terrorism have led to long periods of war with high magnitude impacts. War on terrorism has made progress thus evolving from physical approaches to application of law in fighting and deterring conflicts (Marting 89). Criminal law has filed as an objective way of fighting and deterring terrorists: this is because a terrorist is an individual who represents a group that is focused on fighting beyond the legal frameworks. In addition, democracy law can only make the effectiveness of criminal law to be complicated. Evidently, communities live in accordance with the law and values based on terrorism are not allowed. Instances like torture, restrictions on travel, and surveillance exist in this case.

6. What do we mean by enemies of state? Is it a subjective or objective expression? (200)

The term enemy of state refers to a person who has been accused of committing certain crimes against the country: an excellent example is treason. This description of an individual sometimes manifests itself as a political repression. For instance, an authoritarian government may emphasize on maintaining national security by describing political or social dissidents to be enemies of the state. Alternatively, individuals who are accused to be enemies of state may have legitimately put the country or its people in danger (McCormack 88). For instance, an agent who sells intelligence or military secrets could be accused of undermining national security thus is considered an enemy of the state. This means that this person is not only a person within the state, but also an enemy of the entities within the state. The above expression is subjective because most individuals accused of being enemies of the state may not have any prior records of the same. Officials of national security and intelligence come up with everything, which they measure by themselves, and with themselves. These officials make judgment depending on how they feel towards the defendant. Such decisions are always based on their subjective mind state and moods towards the accused.

7. Brief essay on National Security and Intelligence Policy - (600 words)

The fundamental purpose of the national security and intelligence policy is to provide protection for its citizens and the interest of the nation, both at home and in foreign countries. These policies are usually formulated and implemented at the centre of the federal government's executive arm. However, assistance from the Congress helps to design policies, legislations, control budgets, and oversight over departments that play the vital role of execution of such policies. National security and intelligence are the primary concerns of the military and foreign policy. However, there are other relevant factors such as human rights, peaceful development, commerce, and national security (Marting… READ MORE

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