Answer to Question 1
Answer: Discuss the traditional criminal justice system's due process model, intended to emphasize individual rights and liberties, with resulting consequences that a guilty person may go free. Contrast this with the focus on terrorism, where the breakdown in detecting and preventing acts of terrorism result in consequences similar to those caused by war.
These are issues of national security that are within the ambit of the military and its commander in chief, or do issues of due process bring the courts into play where they no longer defer to the executive branch. Discuss recent cases of the U.S. Supreme Court, including the Boumediene decision. Should the courts become involved, or are these military issues? What about acts that occur on U.S. soil by the government? What about acts against citizens, or non-citizens?
Answer to Question 2
Answer: The common elements of terrorism are 1) the commission of an already established crime 2) the intention to coerce a population or influence a government, and 3) through the use of intimidation or fear. It may transcend the boundaries of the United States, which is international terrorism, or may be primarily within the boundaries of the U.S., which is domestic terrorism. It may take the form of bioterrorism, aiding terrorists, financing terrorists, and the use of weapons of mass destruction, which are all separate federal crimes.
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Terrorism, Intelligence, and Homeland Security