Criminal Procedure Week 12 CD

Patriot act is used by the congress in the United States. On October 26 2001, this law was signed by the then United States president George Bush. This act reduced limitations in agencies enforcing law by gathering needed intelligence in United States. Additionally, the law extended the authority of the treasury’s secretary in regulating financial transactions, specifically those that involved foreign entities and individuals. It also broadened law enforcement discretion and the authorities of immigration in deporting and detaining immigrants suspected to be terrorists. This act also extended terrorism definition by including domestic terrorism thereby increasing the various activities whereby United States patriot act’s extended law implementation powers can be applied (Smith, 2009).

By taking America’s privacy, patriot act taps wire and checks what an individual is doing in a library. This is to scare off the drug dealers, pedophiles and terrorists doing illegal businesses (Smith, 2009). When deciding to detain an immigrant in the proceeding of noncriminal deportation, two considerations are put into place. The first one is whether or not the person is expected to go through tortures in case he or she is deported back in their country. The second consideration is whether or not the person detained is guilty of a certain crime such as felony, moral turpitude and serious misdemeanors.

In conclusion, lawful enemy combatants are members of recognized political armies or military. On the other hand, unlawful enemy combatant are members of revolutionaries that are not known by a given government. Detention of immigrants due to their status is related with incarceration. It also raises questions if this detention is equivalent to the governmental aims of immigration policies. Many nations hold these immigrants in their prisons (Council on Foreign Relations, 2002).

References

Smith, C. S. (2009). The Patriot Act: Issues and Controversies. Springfield: Charles C Thomas Publisher.

Council on Foreign Relations. (2002, December 12). Findings Report: Enemy Combatants and the Geneva Conventions. Council on Foreign Relations. Retrieved March 14, 2013, from < http://www.cfr.org/international-law/findings-report-enemy-combatants-geneva-conventions/p5842 >