Terror and Law: German Responses to 9/11

In reaction to the 9/11 terror attacks the German Parliamentenacted a number of statutes under the auspices of the so-calledwar against terror. The repressive new legislation aims at enhancingsurveillance and control by police and intelligence agenciesby introducing, for example, new passports and ID-cards. Inorder to prevent attacks similar to those of 9/11, Parliamenteven established statutory authority to shoot down, using militaryforce, passenger planes being used as a weapon. At the sametime the Federal Public Prosecutor General has prosecuted anumber of persons as alleged supporters of the 9/11 pilots,and several others, as alleged Islamic terrorists. These forcefulreactions of both Parliament and the Public Prosecutor provedpremature and were overturned by Germany's highest courts. Thefight against terrorism has thus been shown to be bound by constitutionallaw and general principles of law; such special measures stillneed, ultimately to adhere to the rule of law.     

The Local Role in Homeland Security

There has been considerable discussion since September 11 of the enormous resource that local police potentially represent in the fight against terrorism. This article identifies limits to the local role in homeland security by analyzing a case study of Dearborn, Michigan. Partly because Dearborn is home to one of the largest concentrations of Arabs in the United States, its experience with homeland security highlights two kinds of burdens that cities incur when they engage in proactive surveillance to identify potential terrorists: damage to their reputation (since police surveillance implies that its objects are not trustworthy) and damage to police legitimacy (since new surveillance may undermine trust between police and the community). Because the benefits of efforts to identify terrorists typically accrue to jurisdictions other than the one that engages in it—unlike street crime, terrorism is a national or even international problem—local governments have little reason to pursue it. Instead, cities such as Dearborn have reason to emphasize what I call the "community protection" aspects of homeland security, such as target hardening and emergency response. This finding has more general implications for our understanding of the police role and the politics of policing, showing how both are shaped by the structural location police occupy in federalist systems of government.     

Terrorists' planning of attacks: a simulated ‘red-team’ investigation into decision-making

Despite billions of dollars having been spent on counter-terrorism activities since the 9-11 terrorist attacks in the USA, there is almost no experimental research examining the methods terrorists use in planning attacks. To shed light on this 90 participants (N=43 with military training and N=47 without military training) took part in an exercise in which they took the role of a ‘red-team’ of terrorists planning to attack a major city. Fifteen individuals with counter-terrorism training took part as a ‘blue-team’ attempting to predict the actions of the red team. Participants were required to rank tasks in the order they would carry them out and results showed that they were consistent in their ordering. For example, they consistently ranked ‘identifying targets’ as the first step and ‘testing weapons’ as the last step. Prior military training did not influence the order that tasks were carried out in. Participants were then required to identify targets and there was a high degree of consistency in target selection preferences, particularly towards targets that were easy to access and where mass casualties would be likely. Findings are discussed in relation to using empirical evidence to prevent terrorist attacks.     

Subjective effect of September 11, 2001 among pregnant women: is cumulative history of interpersonal violence important?

Prior history of trauma may sensitize individuals to subsequent trauma, including terrorist attacks. Using a convenience sample of secondary, cross-sectional data, pregnant women were grouped based on lifetime interpersonal violence history. Cumulative risk theory was used to evaluate the association of lifetime interpersonal violence history and subjective impact of the September 11, 2001 (9/11) terrorists attacks. Using hierarchical linear regression, cumulative risk theory was partially supported. Women with a history of only one type of interpfersonal violence reported greater effect of 9/11 than did women without a history, but women with both types of violence did not report a greater effect of 9/11 compared to women endorsing history of one type. These data corroborate the literature in that level of exposure to terrorist-related trauma predicts subjective reaction to the attacks. Future research with a larger sample and standardized instruments is warranted.     

A simple checklist,that is all it takes: a cluster randomized controlled field trial on improving the treatment of suspected terrorists by the police

Journal of Experimental Criminology - When it comes to interviewing suspected terrorists, global evidence points to harsh interrogation procedures, despite the likelihood of false positives. How...     

Cross-Classified Multilevel Models: An Application to the Criminal Case Processing of Indicted Terrorists

This study provides an application of cross-classified multilevel models to the study of early case processing outcomes for suspected terrorists in U.S. federal district courts. Because suspected terrorists are simultaneously nested within terrorist organizations and criminal court environments, they are characterized by overlapping data hierarchies that involve cross-nested ecological contexts. Cross-classified models provide a useful but underutilized approach for analyzing such data. Using the American Terrorism Study (ATS), this research examines case dismissals, trial adjudications and criminal convictions for a sample of 574 terrorist suspects. Findings indicate that diverse factors affect case processing outcomes, including legal factors such as the number of counts, number of co-defendants, and statute of indictment, extralegal factors such as the ethnicity of the offender, and incident characteristics such as the type of terrorism target. Case processing outcomes also vary significantly across both terrorist groups and criminal courts and are partially explained by select group and court characteristics including the type of terrorist organization and the terrorism trial rate of the court. Results are discussed vis-à-vis contemporary research on terrorism punishments and future directions are suggested for additional applications of cross-classified models in criminological research.     

The Duty to Bring Terrorists to Justice and Discretionary Prosecution

In Res. 1373 (2001), the Security Council laid down the dutyto bring terrorists to justice and to deny them safe haven.Whereas such duty expressed a clear political imperative inthe aftermath of 11 September 2001, it is less clear how nationalauthorities are supposed to translate it into a set of enforceablelegal obligations. If it is interpreted as ‘obliging’states to prosecute and try terrorists, as the Security CouncilCounter Terrorism Committee seems to suggest, the power of prosecutorsto decide whether or not to bring a case to court may be severelyimpaired. An unconditional obligation to bring terrorists tocourt would not necessarily strengthen states’ judicialresponse to the threat of international terrorism. A sensibleexercise of prosecutorial discretion may be instrumental inarticulating a flexible and more effective response in variouscircumstances. Moreover, a rigid interpretation of the requirementto bring terrorists to justice does not find support in SecurityCouncil and General Assembly resolutions on terrorism. Far frommandating that alleged offenders be unconditionally broughtto trial, the universal counter-terrorism conventions and protocolslimit themselves to requiring that the jurisdiction of nationalcourts be established, which is conceptually different fromimposing its actual exercise.     

A Psychological Autopsy of 9/11 Ringleader Mohamed Atta

Simple logic dictates that some suicide terrorists are more significant than others. However, major questions still remain about the motives and psychology of 9/11 ringleader Mohamed Atta, arguably the most significant suicide terrorist in human history. This article constructs a psychological autopsy of Atta in order to provide a much more complete explanation of his behavior. First, it suggests that accounts which solely attribute Atta??s actions to religious and political ideology appear severely incomplete. It then reviews evidence that Atta may have been clinically suicidal, and that his struggles with social isolation, depression, hopelessness, guilt, and shame were extraordinarily similar to the struggles of those who commit conventional suicide. Finally, it considers how Atta??s ideology may have interacted with his suicidal tendencies to produce his final act of murder-suicide on September 11, 2011.     

Bombing Alone: Tracing the Motivations and Antecedent Behaviors of Lone‐Actor Terrorists,,

This article analyzes the sociodemographic network characteristics and antecedent behaviors of 119 lone‐actor terrorists. This marks a departure from existing analyses by largely focusing upon behavioral aspects of each offender. This article also examines whether lone‐actor terrorists differ based on their ideologies or network connectivity. The analysis leads to seven conclusions. There was no uniform profile identified. In the time leading up to most lone‐actor terrorist events, other people generally knew about the offender's grievance, extremist ideology, views, and/or intent to engage in violence. A wide range of activities and experiences preceded lone actors' plots or events. Many but not all lone‐actor terrorists were socially isolated. Lone‐actor terrorists regularly engaged in a detectable and observable range of activities with a wider pressure group, social movement, or terrorist organization. Lone‐actor terrorist events were rarely sudden and impulsive. There were distinguishable behavioral differences between subgroups. The implications for policy conclude this article.     

The Base Rate Study: Developing Base Rates for Risk Factors and Indicators for Engagement in Violent Extremism

Improvements have been made in identifying the prevalence of risk factors/indicators for violent extremism. A consistent problem is the lack of base rates. How to develop base rates is of equal concern. This study has two aims: (i) compare two methods for developing base rates; the Unmatched Count Technique (UCT) and direct questioning, (ii) generate base rates in a general population sample and compare these to a sample of lone-actor terrorists (n = 125). We surveyed 2108 subjects from the general population. Participants were recruited from an online access panel and randomly assigned to one of three conditions; direct survey, control, or UCT. Survey items were based on a lone-actor terrorist codebook developed from the wider literature. Direct questioning was more suitable under our study conditions where UCT resulted in deflation effects. Comparing the base rates identified a number of significant differences: (i) lone-actor terrorists demonstrated propensity indicators related to a cognitive susceptibility, and a crime- and/or violence-supportive morality more often; the general sample demonstrated protective factors more often, (ii) lone-actor terrorists demonstrated situational indicators related to a crime- and/or violence-supportive morality more often, whereas the general sample experienced situational stressors more often, (iii) lone-actor terrorists demonstrated indicators related to exposure to extremism more often. Results suggest there are measurable differences in the prevalence of risk factors between lone-actor terrorists and the general population. However, no single factor “predicts” violent extremism. This bears implications for our understanding of the interrelation of risk and protective factors, and for the risk assessment of violent extremism.     

Loners,Colleagues, or Peers? Assessing the Social Organization of Radicalization

This study explores the utility of a sociological model of social organization developed by Best and Luckenbill (1994) to classify the radicalization processes of terrorists (i.e., extremist perpetrators who engaged in ideologically motivated acts of violence) who are usually categorized as loner or lone wolf attackers. There are several organizational frameworks used to define or classify violent acts performed by individuals who may or may not have ties to extremist groups, but these studies largely ignore the role of social relationships in radicalization and the extent to which they inform our knowledge of terror. To address this gap, we apply the Best and Luckenbill model of social organization using a qualitative analysis of three case studies of four lone actor or small cell terrorists. The findings demonstrate lone actors are not always true loners in the context of radicalization, and highlights the ways that the Internet and social ties foster the radicalization processes of terror.

     

Deportation of Suspected Terrorists with ‘Real Risk’ of Torture: The House of Lords Decision in Abu Qatada1

This note discusses the House of Lords' decision in RB (Algeria) (FC) and another v Secretary of State for the Home Department; OO (Jordan) v Secretary of State for the Home Department that the real risk of third‐party foreign torture evidence does not meet the required standard of unfairness so as to prevent the deportation of suspected terrorists under Article 6 ECHR. It considers three key issues that were raised by this case: Parliament has deliberately restricted the right of appeal from SIAC to the Court of Appeal on questions of fact; the procedure of using closed material by SIAC in the assessment of safety on return is unequivocally permitted by statute; and the conclusions by SIAC that diplomatic assurances contained in Memoranda of Understanding do not give rise to points of law and, therefore, are beyond review by the appellate courts.     

Japan’s Reformed Prosecution Review Commission: Changes,Challenges, and Lessons

This article evaluates how Japan’s Prosecution Review Commission (PRC) has performed since it was reformed in 2009 to allow panels of 11 citizens to override the non-charge decisions of professional prosecutors. In the first eight cases of “mandatory prosecution” that have occurred since 2009, the conviction rate is 20%—far lower than Japan’s usual conviction rate, which exceeds 99%. In the ninth case of mandatory prosecution, three former executives of the Tokyo Electric Power Company have been subject to mandatory prosecution for “professional negligence resulting in death and injury,” for failing to prevent the nuclear meltdowns at Fukushima that were precipitated by the earthquake and tsunami of March 11, 2011, which killed 18,500 people and caused 200,000 more to flee their homes. As of 2018, the trial of the Tepco executives is still in progress. This evaluation study of prosecutorial reform in one Asian nation suggests that, in principle, prosecutors’ non-charge decisions can be checked and controlled. In practice, however, Japan’s PRC reform has done little to alter the standard operating procedures of professional prosecutors. Further reform of the PRC may be necessary.

     

The statue of security: human rights and post-9/11 epidemics

Following the attacks of September 11, 2001(9/11), there have been increasingly divisive proposals for Americans to sacrifice liberty for safety. "Health and human rights" provides a much more constructive and effective framework than fear on which to base both routine public health actions and responses to public health emergencies. This can be illustrated by the failure of bioterrorism-based government initiatives at both the state and federal levels since 9/11, as well as the worldwide response to the post-9/11 SARS epidemic. Effective public health work can only occur with a population that trusts its public health officials. 9/11 can serve as a catalyst to reform public health by adopting the health and human rights framework that can move it from a fragmented state and local activity to one that is federal and coordinated, and ultimately one that is global and based on transparency, trust, science, and respect for human rights.     

Massive parallel sequencing and osteogenesis imperfecta: An essential tool for forensic investigation over child abuse

Osteogenesis imperfecta (OI) is a rare disease of collagen synthesis causing bone fragility. Also called “glass bone disease” since it manifests as spontaneous fractures, it is classified into nine types, both with dominant and recessive transmission. In 95% of cases OI is caused by mutations in COL1A1 and COL1A2 genes encoding the alpha1 and alpha2 chains of type 1 collagen, mainly null variants caused by frame-shift/nonsense mutations or splicing defects. In infants the differential diagnosis include not-accidental trauma, so child abuse. Families suspected of abuse often provide an unverified history of frequent fractures; conversely, the family history of individuals with OI often does not reveal any other affected individuals because of a de novo pathogenic variant in the proband or the presence of a mild phenotype in relatives. Therefore, legal medicine unit with DNA lab is crucial in these cases since it could early collect living or autopsy samples when a child abuse is suspected and then test DNA. We set up a MPS (massively parallel sequencing) panel including the coding regions of COL1A1 and COL1A2 and other 11 genes known to cause OI. We presented a case of suspected abuses in 2-month-old baby. MPS libraries were sequenced by Ion Torrent PGM platform; pathogenic variants and VUS (variants of uncertain significance) were confirmed by Sanger sequencing and familial segregation study was performed to better characterize the clinical significance of the mutation. This study remarks that MPS could help not only for identification, ancestry/phenotyping or molecular autopsy applications but also for forensic investigation over child abuse. The usefulness of this assay for diagnostic projects on victims of abuse together with post-mortem cases is discussed.     

The fight against terrorism and crime in the context of National, Regional, and Global security

The large quantity of illegal drugs remaining in Afghanistan since the fall of the Taliban regime presents an opportunity for both drug dealers and terrorists. The potential for generating vast sums of money could lead to“ narcoterrorism,” sustaining and financing terrorism over the long term. Narcoterrorism is not specifically recognized as a crime in many countries, nor is“ state sponsored terrorism.” The Republic of Georgia is currently drafting legislation to do this. That project, described here, is managed by the National Security Council of Georgia and includes several tasks to determine the causes and nature of the threats as well as the development of tools to combat them.     

Weapon choice and American political violence

Research Summary
The criminal use of firearms presents a unique challenge to policymakers and is the subject of scientific study in fields such as criminology, public health, sociology, and law. Previous research has described firearm use by terrorists in the United States as uniformly common; however, little systematic attention has been focused on this phenomenon. Although valuable, progress in this area has been hampered by the absence of reliable quantitative information. Using data from the American Terrorism Study and the U.S. Sentencing Commission, we examine the firearm-offending characteristics of 923 federal felons and 336 terrorists.
Policy Implications
Findings indicate that many systematic differences exist between terrorists and other types of federal felons and that terrorists are more likely than other felons to be convicted of firearm-related crimes. We recommend that official efforts to monitor weapons sales—such as the Brady Act—continue to include those named on the terrorist watch list and that those named on the list be subject to additional law-enforcement scrutiny when attempting to purchase firearms. These efforts should be coordinated by federal law-enforcement agencies to facilitate the effective use of existing antiterrorism mechanisms in both blocking purchases and garnering intelligence on terrorists attempting to obtain firearms.     

Guantánamo Bay: Towards Legality?

This article outlines the US Supreme Court's approach to the habeas corpus entitlements of suspected terrorists detained in Guantánamo Bay and argues for the extension of constitutional habeas corpus rights to them. The article considers two ways in which the Supreme Court might carry out this task: first, 'the territorial approach' (based on domestic legal principles of 'unincorporated territories' and principles of leasehold), and secondly, 'the extraterritorial approach' (based on international purposive approaches to the reach of human rights treaties exemplified by the European Court of Human Rights' Article 1 jurisprudence). For reasons of effectiveness of protection, the Article expresses a clear preference for the latter. The House of Lords decision in R (Al-Skeini) v Secretary of State for Defence (2007) is proposed as a template for such a development. Finally the article refutes arguments rejecting such a development based on the 'trade-off thesis' and perceptions of judicial competence.     

Enemies Everywhere: Terrorism, Moral Panic, and US Civil Society

Since the attacks of September 11th, 2001, terrorism has experienced a prominence in discourse across the U.S. The representations of terrorists and terrorism by the news media and politi have contributed to the edifice of terrorism as a moral panic. This treatise examines the social effects that have or may occur due to the social construction of a moral panic of terrorism. The thematic frame is situated within Cohens stages of a moral panic. We offer an analysis of the medias depiction and coverage of acts of terrorism, and legislative, political and legal responses in the form of social and cultural changes occurring from the creation of a moral panic. In addition, we offer an analysis of the states vested interest in the social construction of this panic, leading to increased levels of fear, targeted at the general publics consciousness. This article concludes that the presentation of terrorism and terrorists by the media and politi have contributed to unnecessary levels of panic and fear, misguided public consciousness, and the development of legislation creating negative social ramifications yet be seen.     

Legislators as Lobbyists

Public policy is produced by elected and unelected officials and through the interactions of branches of government. We consider how such interactions affect policy implementation and representation. We argue that legislators try to influence bureaucratic decisions through direct communication with federal agencies, and that such contact is effective and has consequences for policy outcomes. We provide empirical evidence of this argument using original data about direct communication between members of Congress and the U.S. Department of Labor (DOL) along with decisions made by the DOL regarding trade and redistributive policies. We find that direct contacts influence DOL decisions, and the agency is more likely to reverse previous decisions when requested to do so by legislators. Our results challenge key assumptions and findings in the previous literature and have important implications for interbranch relations and informal means of control over the implementation of national policy.