Chapter Overview
Chapter 17: Law and Terrorism

Many new laws and policies have been created in response to terrorism in recent years. Law enforcement officials at the federal, state, and local levels have all become involved in the "war on terror." Civil liberties groups and others have challenged many of the laws, concerned that important American freedoms will be sacrificed in the name of national security. Others argue that these measures are necessary to ensure the safety of the country.

The Law in Times of War  After the September 11, 2001, terrorist attacks, President George W. Bush requested increased powers to fight the war on terrorism, many of which were granted in the USA Patriot Act of 2001. The act expanded the powers of certain law enforcement and intelligence agencies, such as the FBI and the CIA. Some people questioned whether these expanded powers interfered with the privacy rights of individuals suspected of terrorist connections or activity.

Surveillance and Searches  The USA Patriot Act of 2001 gives the government broader powers to conduct airport searches of people and luggage, read Internet correspondence, and listen to telephone communications any time a person is believed to be involved in terrorist activities. These actions are validated by a court that does not conduct its trials publicly. The court does not have to follow the rules that other United States courts must follow and is exempt from certain constitutional requirements.

Detention and Interrogation  Following the attacks of September 11, many people suspected of terrorism have been detained—or held—in the custody of the United States government. These actions mainly affect non-citizens and have had a significant effect on the Muslim and Arab communities in the United States. Prior to the Patriot Act, non-citizens could only be detained for 24 hours without being charged. Now these suspected individuals can be detained without being charged for as long as it takes the government to mount a case or dismiss the charges.

Rights at Trial  A person charged with terrorism could be tried in a U.S. court and provided with the full rights of other criminal defendants. However, the government and some other groups fear that trying a suspected terrorist publicly provides the person with an opportunity to advance his or her politics and views against the United States. The government would prefer to try these people in a military tribunal where they have significantly fewer rights than other defendants in a criminal case.