Terrorism Trials Stephen McManus

Topic Selection I chose this topic because after September 11, 2001, I became interested in the United States’ foreign policy toward terrorist suspects.

Reason Debate over where terrorist suspects should be tried 27 Terrorist attacks against the United States since 2000 Other countries are after our world power g/9-11.jpg "IMRA - Sunday, April 18, 2004 A Chronology of Terrorist Attacks Carried out by Hamas Since September 2000." IMRA - Middle East News & Analysis. Web. 09 Jan

Mentor Name: Patrick Hanley Relationship to Mentor: Teacher Education of Mentor: Business Teacher Teaches Law Classes at Lincoln High School

Core Question How should foreigners who commit attacks on United States’ soil be tried in the court of law?

Terrorism The use of violence and threats to intimidate or coerce, especially for political purposes 3 Elements: Fear, Violence, Intimidation Example: September 11, content/uploads/2009/08/ny-times-september-12.jpg Terrorism Research - What Is Terrorism? Web. 15 Nov

Unlawful Enemy Combatants A person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant Ex. Taliban; Al Qaeda Democratic Underground Forums - Request Error." Democratic Underground. Web. 12 Dec hive/01750/taliban_ a.jpg

Lawful Enemy Combatants A member of the regular forces of a State party engaged in hostilities against the United States Ex. Member of the Armed Forces Ex. Another Specified Country (Germany) Democratic Underground Forums - Request Error." Democratic Underground. Web. 12 Dec com/wp- content/uploads/2009/05/z zarmedforces.jpg

Civilian Court A legal system compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different occasions Terrorists should be treated as criminals "Terrorists Are Criminals and Should Be Tried in Civilian Court - US News and World Report." US News & World Report | News & Rankings | Best Colleges, Best Hospitals, and More. Web. 15 Nov

Military Tribunal Military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. Violators of the Rules of War Rules and Proceedings of Court Martial Classified as Enemy Combatants of an Enemy Force Napolitano, Andrew P. "Military Tribunals | The Case against Military Tribunals - Los Angeles Times." Featured Articles From The Los Angeles Times. 29 Nov Web. 15 Nov

Guantanamo Bay Detention Center 1903 President Bush re- implemented this system Post 9/11 legislation Holds terrorism suspects until trial date Guantanamo Bay Naval Base - Gitmo - News - The New York Times." Times Topics - The New York Times. 15 Nov Web. 15 Nov content/uploads/2011/04/guantanamo.j pg

Geneva Conventions Four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war. Under de facto of the United States Freedom to exercise independent power and run Guantanamo Bay edia.org/wikipedia/ commons/d/d3/Ori ginal_Geneva_Co nventions.jpg "The Geneva Conventions." United States Military Information. Web. 10 Jan < of United States Legal because it is not a sovereign territory d/deploymentsconflicts/l/blgenevaconv.htm>.

Military Commissions Act of 2006 Signed by President George W. Bush “To authorize trial by military commission for violations of the law of war, and for other purposes.” “Any alien unlawful enemy combatant is subject to trial by military commission under chapter 47A” Democratic Underground Forums - Request Error." Democratic Underground. Web. 12 Dec us/symbols/presidentialseal/color.GIF

Statistics Rasmussen Poll 63 % of People prefer Military hearings 23% of People prefer Civil Hearings 14% of People are Undecided "Poll: 63% Favor Military Tribunals over Civilian Trials - Josh Gerstein - POLITICO.com." Politics, Political News - POLITICO.com. Web. 09 Jan

Rene Menard Rhode Island Representative Phone conversation over jurisdiction Explained court system Re-directed to David Cicilline’s office

David Cicilline United States Congressman In favor of trials in Civilian Court World War II background information es/styles/section_front_boilerplate/public/Cicilline_h eadshot_color_0.jpg

Cases and Legislation Hamdan vs. Rumsfeld: Bush Administration could not try foreigners in military tribunals because of Congress rule National Defense Authorization Act: 2011 Amendment Cicilline Voted against but passed House of Representatives

Core Question How should foreigners who commit attacks on United States’ soil be tried in the court of law?

Answer to Core Question Military Tribunals Enemy Combatant Poses threat to nation and humanity Higher conviction rate content/uploads/2011/01/Gavel-and-Flag- 600x398.jpg

Application of Learning Letter to Senator Jack Reed, Representative Jim Langevin, Representative David Cicilline, and Representative Rene Menard Recommendations to United States Government Decision on Debate: Civilian Court- Military Tribunals

Works Cited Guantanamo Bay Naval Base - Gitmo - News - The New York Times." Times Topics - The New York Times. 15 Nov Web. 15 Nov Guantanamo Bay Naval Base - Gitmo - News - The New York Times." Times Topics - The New York Times. 15 Nov Web. 15 Nov "IMRA - Sunday, April 18, 2004 A Chronology of Terrorist Attacks Carried out by Hamas Since September 2000." IMRA - Middle East News & Analysis. Web. 09 Jan "IMRA - Sunday, April 18, 2004 A Chronology of Terrorist Attacks Carried out by Hamas Since September 2000." IMRA - Middle East News & Analysis. Web. 09 Jan Napolitano, Andrew P. "Military Tribunals | The Case against Military Tribunals - Los Angeles Times." Featured Articles From The Los Angeles Times. 29 Nov Web. 15 Nov Napolitano, Andrew P. "Military Tribunals | The Case against Military Tribunals - Los Angeles Times." Featured Articles From The Los Angeles Times. 29 Nov Web. 15 Nov "Poll: 63% Favor Military Tribunals over Civilian Trials - Josh Gerstein - POLITICO.com." Politics, Political News - POLITICO.com. Web. 09 Jan "Poll: 63% Favor Military Tribunals over Civilian Trials - Josh Gerstein - POLITICO.com." Politics, Political News - POLITICO.com. Web. 09 Jan "The Geneva Conventions." United States Military Information. Web. 10 Jan "The Geneva Conventions." United States Military Information. Web. 10 Jan Terrorism Research - What Is Terrorism? Web. 15 Nov Terrorism Research - What Is Terrorism? Web. 15 Nov "Terrorists Are Criminals and Should Be Tried in Civilian Court - US News and World Report." US News & World Report | News & Rankings | Best Colleges, Best Hospitals, and More. Web. 15 Nov "Terrorists Are Criminals and Should Be Tried in Civilian Court - US News and World Report." US News & World Report | News & Rankings | Best Colleges, Best Hospitals, and More. Web. 15 Nov