Afforded Due Process Protections Criminal Justice

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Afforded Due Process Protections Criminal Justice

It can be argued that civil liberty considerations are largely a moral debate about norms of justice in civil society-in other words, whether a just society should suspend its norms of justice when challenged by real and imminent danger from violent extremists.

Consider the following scenario: A terrorist cell had been active in several cities in the upper Midwest region of the Untied States. They have carried out numerous bombings and acts of sabotage, including a hostage crisis at a school that left dozens dead and injured. There is every expectation that the cell will continue its campaign. Law enforcement officials have captured a member of the cell in an apartment apparently used as a “bomb factory” and it is evident that the suspect is a master bomb maker. The suspect refuses to reveal any information about his comrades, where completed bombs may have been sent, or where the next intended targets will be attacked. Lives are clearly at stake, and time is of the essence.

Questions:

  • Which interrogation techniques are acceptable in this situation from a homeland security perspective?
  • Which interrogation techniques are not acceptable in this situation from a civil liberties perspective?
  • Considering the ruthlessness of the terrorists, should martial law be declared in the upper Midwest? What are the civil liberties consequences in doing so? What are the homeland security consequences of not doing so?
  • Should the captured suspect be afforded due process protections under the law?
  • Who should have primary custody and jurisdiction over the suspect?

Remember to provide supporting evidence in the form of citations and references from outside research. Respond to at least two of your peers.

YOUR ROLE: Students are expected to submit one main response (with citations and references) to the discussion board topic and also are expected to respond to at least two other students (with citations and references.

Your main response should be at least 250 words. (Yes, I will check.)

You should conduct outside research for scholarly sources, which will be cited and referenced in your posts.