Targeting the terrorists: A legal proposal for assassinating terrorists as a preemptive strike

Recently, Sam Nunn, Chairman of the Senate Armed Services Committee, stated to a gathering of weapons scientists and military planners at Los Alamos National Laboratory that, although the Cold War is over, “this is a world of regional wars, of spreading ethnic, religious and tribal warfare” in which more countries are acquiring the capability to unleash mass death. In January, 1994, then‐Defense Secretary Les Aspin wrote in his annual report to the President and Congress that “[t]he danger that [weapons of mass destruction] might be used against U.S. forces in some conflict is not, unfortunately, theoretical.” In July, 1994, during a visit to Moscow, FBI Director Louis Freeh commented that the efforts of organized crime to steal or buy weapons‐grade nuclear material is “the greatest long‐term threat to the security of the United States.” Later that month, “credible threats” were received by U.S. law enforcement and intelligence sources of an impending bombing of Israeli targets throughout the United States. While targeting Israeli interests is not uncommon, the fact that such targets were in the U.S. is somewhat alarming.

These statements and other episodes emphasize the ever‐increasing threat that confronts the United States. Terrorists, by nature, are continuously modifying their tactics to thwart defensive/protective measures placed before them by many nations. Therefore, it is contingent upon these nations to develop new strategies and remain one step ahead of the potential nuclear attackers. One such strategy is assassinating the terrorist before he strikes. While many commentators and politicians summarily dismiss this idea, it remains a viable, yet unexplored, option. This article details the historical and current perspectives on assassination as well as its legal significance and justification. While this author is not advocating a national policy of assassination, this argument is submitted strictly as an academic exercise for consideration and debate.     

Networks, terrorists and criminals: the implications for community policing

This paper addresses both the connections between criminals and terrorists and the potential overlap and meshing of their networks and considers the implications of these intersections for counterterrorism policies and actions. It concludes with a focus on the community and community policing’s role in the disengagement of terrorists from terrorist organizations. While addressing the intersections between terrorists and criminals and the actions they commit, it explores important distinctions between terrorism and criminality, and the implications these distinctions imply for confronting terrorism and criminality within communities and their effect on successful counter terrorism policies and actions.     

No-fault cerebral palsy insurance: an alternative to the obstetrical malpractice lottery

Sixty percent of malpractice premiums paid by obstetricians go to cover suits for alleged birth-related cerebral palsy (CP). Yet substantially less than half of that money goes to CP victims, and less than 10 percent of children with CP receive any compensation at all from tort suits. This paper proposes a system that would compensate all children born with CP for most handicap-related expenses, in exchange for which the children would be foreclosed from bringing suits alleging birth-related malpractice. Malpractice would be policed by a state board, which would investigate all CP cases. This proposal would be more equitable than current systems. It would also be less expensive, since it would avoid costly litigation and decrease the cost of obstetrical malpractice insurance.     

A fatal wound from an unusual military projectile: potential dangers of live military ordnance to the autopsy pathologist

During ground maintenance on an F-14 aircraft, a worker was removing the Mark 124 cartridge activated devices (CADS) from the aircraft when a second worker entered the cockpit of the aircraft and energized the electrical system, causing the four CADS to detonate. One of the four CADS became an airborne projectile. It struck the first worker in front of the right arm, passed through his chest, and became embedded in his thoracic spine. An immediate concern at autopsy was whether or not the device retained any explosive potential. Recommendations for autopsy procedures in cases involving military ordnance are discussed.     

Terrorists' personal constructs and their roles: A comparison of the three Islamic terrorists

It is hypothesized that individuals who play different roles in terrorist organizations will have different psychological processes underlying their activities. An innovative examination of the personal construct systems of terrorists explored this. As part of a larger study, three individuals convicted of Islamic‐related terrorist violence in India were interviewed using a semi‐structured life narrative procedure enhanced by a Repertory Grid (Kelly, 1955/1991). One was a senior leader of a terrorist group, one a subordinate, the third a person who planted a bomb without full knowledge of the larger design he was part of. Principal component analyses of these grids informed by comments from the life narratives were used to elaborate each man's conceptual system and how it related to his commitment to violence. Important differences among the three individuals' in their construct systems were found. This demonstrated that the forms of Jihadi commitment is embedded in the individual's personal construct system. So, although these three case studies can only be taken as providing indicative results, they do point to aspects of construct systems that reveal the potential for disengagement, being most likely present in the lower echelons of terrorist organizations. Those who are unable to reconstrue themselves as having a non‐terrorist future are unlikely to disengage. This is probably typical of those who lead these organizations. The results therefore contribute to the growing literature arguing for significant differences in terrorists' understanding of themselves and their roles and provide an original methodology for assessing a person's potential for deradicalization.     

Counter-terrorism: measures to fight against the foreign terrorist fighter phenomenon and the use of ICT for the recruitment of terrorists

Terrorism, in all its manifestations, has redefined national and international security landscapes in recent years. The impact of terrorist organisations has mushroomed, and they are becoming increasingly complex. There is evidence to point to the fact that the planning, recruitment, coordination and perpetration of terrorist acts has been largely assisted by the proliferation of networking hardware such as computers, cell-phones, and internet access. In addition, the availability of various digital tools and software has amplified the ease of communication, regardless of location. Strategy to date has been dominated by law enforcement and military actions, as exemplified in most international initiatives against terrorism. In some cases, this has elicited sympathy for the terrorist organisations because of resulting unintended civilian casualties. There is now recognition that a shift in strategy to a more civil society focussed approach which addresses the underlying causes may be more effective.     

Mediation as an alternative to criminal prosecution

In several American communities, paraprofessional mediation has become a substitute for criminal prosecution when defendant and victim have been engaged in a prior relationship. This article describes such a mediation project and its training program. It present a detailed account of two actual mediation sessions. An analysis of these sessions highlights some of the problems in mediating interpersonal disputes, particularly questions about underlying cause and the effects of different perceptions about the role of conflict in human interaction. The article also suggests a series of hypotheses to be investigated in further research on mediation.The research on which this paper is based was partially supported by grant No. 77-NI-99-0019 from the National Institute for Law Enforcement and Criminal Justice, U.S. Department of Justice. The views expressed are those of the authors only. We appreciate the cooperation received from George Nicolau and Ann Weisbrod of the Institute for Mediation and Conflict Resolution and from the staff of the Fosterton mediation project.     

The decision to leave an abusive relationship: The testing of an alternative methodological approach

Most studies that consider the factors influencing the decision to leave an abusive relationship rely on retrospective, self-report data. In addition to the biased samples that are frequently obtained in such investigations, the methodological shortcomings of survey research limit its explanatory power, particularly when applied to such sensitive topics as family violence. This report introduces an alternative method for studying the decision to leave an abusive relationship. Forty-five men and 68 women were studied using an experimental computer game of an abuse-like relationship. The tendency to leave this relationship was measured under four differing conditions of severity and frequency of abuse. A logit analysis revealed that the frequency of abuse was more consequential to women's decisions to leave, while severity of abuse was more salient for men. In addition, the hypothesized model, including frequency of abuse, severity of abuse, and locus of control, fits well for women but not for men. The implications of these findings, as well as the validity and future application of experimental games, are discussed.     

Enhancing the cognitive interview with an alternative procedure to witness-compatible questioning: category clustering recall

The Cognitive Interview (CI) is one of the most widely studied and used methods to interview witnesses. However, new component techniques for further increasing correct recall are still crucial. We focused on how a new and simpler interview strategy, Category Clustering Recall (CCR), could increase recall in comparison with witness-compatible questioning and tested if a Revised Cognitive Interview (RCI) with CCR instead of witness-compatible questioning and without the change order and change perspective mnemonics would be effective for this purpose. Participants watched a mock robbery video and were interviewed 48 hours later with either the CI or the RCI. Recalled information was classified as either correct, incorrect or confabulation. Although exclusion of the change order and change perspective mnemonics in the RCI group might have caused a slight decrease in recall during the last interview phases, the RCI group generally produced more correct information than the CI group, with a lower number of confabulations. Further analyses revealed CCR was largely responsible for this increase in correct recall. CCR is a very promising interview technique which allowed the interviewer to obtain more detailed information without additional questions and may have, in certain situations, several practical advantages over a questioning phase.