Expert answer:What ethical perspective do you believe should app

Answer & Explanation:What ethical perspective do you believe should apply to the issue of responding to terrorism in our society?  Should policies be guided by a utilitarianism or deontological perspective?  Why?chapter_21__2_.pptx
chapter_21__2_.pptx

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Justice, Crime, and Ethics
8th Edition
Chapter 21
Terrorism and Ethics
Copyright © 2014, Elsevier Inc. All Rights Reserved
1
Introduction
Responses by United States after September 11
attacks
◼ Authorization of military force
◼ The USA PATRIOT Act enhanced law
enforcement abilities to investigate and share
information among agencies
◼ Afghanistan was attacked and the Taliban was
ousted
◼ Invasion of Iraq
Copyright © 2014, Elsevier Inc. All Rights Reserved
2
War Strategy to Combat
Terrorism
◼
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Aggressive military campaign
Creation of military tribunals
Use of secret prisons to hold terror
suspects
Use of renditions
Adoption of harsh interrogation techniques
for suspected terrorists
3
The Use of Military System of Justice
◼
Military Tribunals
◼
◼
Challenged in Federal Court
Military Commissions Act of 2006
◼
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Guantanamo Bay
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Harsh interrogation
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Shouted questions
Reduced sleep
Stress positions
Isolation
Torture Memos
◼
◼
Replaced with Military Commissions Act of 2009
Miranda v. Arizona (1966)
New approach by Obama Administration
Copyright © 2014, Elsevier Inc. All Rights Reserved
4
Abu Ghraib
◼
Abu Ghraib
◼
Abuse allegations
◼
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Physical violence
Photograph and videotaping nude detainees
Sexual assault
Intimidation
Taguba Report
Possible media impact : Can television shows
such as “24” have a negative effect on
soldiers?
Copyright © 2014, Elsevier Inc. All Rights Reserved
5
How Should We Respond
to Terrorism?
Two Options
◼ Traditional option
◼
◼
◼
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Treated as criminal, given same rights as citizens
Several hundred terrorists have been successfully prosecuted
and processed by federal criminal justice system
Conviction rate: 87 percent
◼ Notable cases:
◼ Richard Reid / Iyman Faris / “Lackawanna Six” /
Ahmed Omar Abu Ali
Combatant option
◼
◼
Military tribunal
Not permitted access to U.S. courts
Copyright © 2014, Elsevier Inc. All Rights Reserved
6
Recent Approach
◼
Obama Administration:
◼
All options available
Prefer federal criminal court
◼
Close Guantanamo Bay detention facility
◼
◼
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Transfer many detainees to outside countries
Others recommended for federal prosecution
Some ineligible for prosecution
Copyright © 2014, Elsevier Inc. All Rights Reserved
7
Advantages for Military Option
◼
Proof requirements
◼
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Admissibility of confessions
◼
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Greater ability to close courtroom to public for classified
information
Hearsay evidence
◼
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Miranda warnings not required
Reliability test
Closing courtroom
◼
◼
Only two-thirds of jury needed for conviction
Same burden of proof
Relaxed rules on hearsay evidence
Classified evidence
◼
Similar to criminal court
Copyright © 2014, Elsevier Inc. All Rights Reserved
8
Advantages for Federal Criminal
Court
1. Certainty and finality
◼
◼
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Speed the process
More reliable long-term incarceration
Reduce litigation risk
Promote guilty pleas
2. Scope
◼
◼
Military option not available for U.S. citizens
“Lone wolf” terrorists
Copyright © 2014, Elsevier Inc. All Rights Reserved
9
Advantages for Federal Criminal
Court, cont.
3. Incentives for cooperation
◼
◼
More reliable plea bargaining system
Provides detainees little incentive to provide
information
4. Sentencing
◼
◼
Harsh sentencing guidelines
Unclear how long current ability to hold detainees
indefinitely will be upheld after current operations
cease
Copyright © 2014, Elsevier Inc. All Rights Reserved
10
Advantages for Federal Criminal
Court, cont.
5.
International Cooperation
◼
◼
Cooperation for other countries could expedite
process
Some terrorists may go free without international
cooperation
Copyright © 2014, Elsevier Inc. All Rights Reserved
11
Conclusion
◼
◼
September 11 attacks shows that America
is not immune from catastrophic terrorist
attacks
Underlying the debate was issue of “does
the ends justify the means?”
Copyright © 2014, Elsevier Inc. All Rights Reserved
12
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