Download Equal Justice in the Balance: America's Legal Responses to by Raneta Lawson Mack PDF

By Raneta Lawson Mack

We're in tricky occasions for the safety of our liberties. still, electorate are exhibiting an elevated willingness to withstand the erosion of the U.S. structure. . . . Lawson Mack and Kelly rigidity the significance of no longer giving up those basic rights and finish with a message of optimism, noting an elevated backlash opposed to the administration's extra draconian measures. even though the panorama remains to be fairly bleak, switch is within the air.-Michael Ratner, President, middle for Constitutional Rights, from the foreword"A compelling and complex critique of the U.S. government's post-9/11 activities. Mack and Kelly set the level with the historic standpoint on America's reaction to terrorism and the evaluate of terrorist threats, prior to launching right into a accomplished research of the united states Patriot Act. Their hard-hitting procedure and easy-to-read type makes for a desirable remedy of the government's legislative and government reaction to the attacks."-Michael P. Scharf, Case Western Reserve collage institution of LawWith its sweeping critique of the united states Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, equivalent Justice within the stability is a sobering and exacting examine American felony responses to terrorism, either earlier than and after 9/11.The authors aspect wide-ranging and persuasive facts that American antiterrorism laws has resulted in severe infringements of our civil rights. They convey us how deviations from our primary rules of equity and justice in instances of heightened nationwide anxiety-whether the purple Scare, international battle II, or the warfare on Terrorism-have ended in overreaction and extra, later requiring apologies and reparations to these victimized through a paranoia-driven justice system.While terrorist attacks-especially on a wide scale and on American soil-damage our nationwide delight and feel of protection, the authors supply strong arguments for why we needs to enable our judicial infrastructure, imperfect because it is, to reply with out undue interference from the politics of anger and vengeance.

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Extra resources for Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist Threat

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Embassy in Beirut in April 1983 . The attack, • • • • • • • which was initiated by the Islamic Jihad, killed 63 people and injured 120. S. Marine barracks and killing 241 Americans. The Achille Lauro, an Italian cruise ship, was hijacked in the Eastern Mediterranean Sea in October 1985 . S. passenger, Leon Klinghoffer, was mur­ dered and his body thrown overboard. Four Palestinian Liberation Front terrorists were eventually apprehended and charged with the hijacking. As will be explored later in this chapter, the Achille Lauro incident sparked much inter­ national debate and military action aimed at determining the appropriate jurisdiction to prosecute the captured hijackers.

The goal of this book is to meaningfully analyze America's cur- Defining the rent political, legal, and judicial responses to the terrorist attacks of Challenge September 11 by critically evaluating how those responses comport 23 with historical precedent and America's long-standing commitment to principles of equal justice. In some respects, the book's overall objective might render it controversial in light of the current national tide of patriotism. In fact, Attorney General Ashcroft essentially warned Americans that the current war on terrorism will not suffer dissenters gladly when he declared before Congress that those who challenge his wisdom only aid terrorists and give ammunition to America's enemies.

Although both Italy and Egypt acknowledged that a prose­ cutable crime took place aboard the Achille Lauro, political consider­ ations took center stage as both countries feared that extradition of the terrorists might disrupt fragile Middle East relations and cause embarrassment for the PLO. S. government devised a plan to intercept and capture the terrorist hijackers wherever they might be and to extradite them to the United States for trial. Thus, when clandestine electronic surveil­ lance revealed the terrorists were departing Egypt for parts unknown on an EgyptAir plane, President Reagan signed a national security directive authorizing interception of the aircraft with the expectation that the United States would obtain custody of the ter­ rorists and return them to the United States for criminal proceed­ ings.

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