The Effect of 9/11 on Criminal Procedure in the United States
By: Max • Essay • 1,221 Words • May 23, 2010 • 1,383 Views
The Effect of 9/11 on Criminal Procedure in the United States
The effect of 9/11 on Criminal Procedure in the United States”
The September 11th incident that took place in New York City changed the entire justice system in the United States. September 11th lead to changes in the United States Patriot Act, changes in criminal procedures in regard to terrorism, the confinement of citizens, and procedural rights at military tribunals. Many sections of the justice system was either altered or modified in some way shape or form. Most of the changes was done to protect the United States citizens, world peace, and the economy. September 11th affected not only the United States, but also the whole world mainly because of its dominance and role in economic system mainly because Wall Street was caught in the middle of the attacks.
After September 11th, the Justice Department enacted several new branches heading by the Homeland Security department. Terrorist suspects that were arrested after September 11th are all facing the United States Military Tribunal and have little or no constitutional rights. After September 11th, the United States Patriot Act was signed into law on October 26th, 2001 according to http://www.epic.org/privacy/terrorism. The Patriot Act made significant changes to over fifteen different statutes. http://www.epic.org/privacy/terrorism mention that the United States Patriot Act was a compromise version of the Anti Terrorism Act(ATA) of 2001 which together both strengthen the United States defense against terrorism. The United States Patriot Act and Anti Terrorism Act gave law enforcement officers and government officials almost unlimited power over anyone who is suspected of terrorism and the planning of terrorist attacks against the United States. The Patriot Act and the Anti Terrorist Act also expanded the authority over privacy, personal information, and surveillance.
September 11th in a sense showed the United States vulnerability to terrorist attacks and at the same time helped in the prevention of future attacks. As bad as the 9/11 attacks was, it helped to show the resilience of not only the New York City residence, but also the American people and the will rebound as better citizens and a country as a whole. 9/11 brought out the best out of government officials, EMS, police departments, fire department, and all Americans. Kettl (2004) mention that citizens rely on government to manage the country’s defense and foreign affairs and also that the citizens can play central role in the country’s defense as well by reporting suspected terrorist. Kettl (2004) also stated that the Federal Aviation Administration (FAA) prohibits deadly and dangerous weapons such as guns from aircraft
but at the time of the hijacking box cutters and small knives was not considered to be deadly and dangerous. Kettl (2004), discuss the fact that before September 11th knives with blades shorter that four inches were allowed in airplanes but since have been changed.
Changes in criminal procedures in regards to terrorist have changed dramatically since September 11th leaving them with little or no rights when captured. After 9/11, Kettl (2004) stated that here were may different departments blaming each other and finger pointing because several agents such as the INS,CIA and FBI had information about the attacks before it happen. This incident lead to the creation of the Homeland Security Act which made it easier for the different branches to share information and intelligence they have. The Homeland Security Act also brought all the different agents under one branch but still remained separate. http://www.epic.org/privacy/terrorism stated that after September 11th, the United States Patriot Act made a lot of changes to the United States laws and amendments to wiretapping, electronic communications, privacy act, computer fraud and abuse act, foreign intelligence surveillance act, family education rights, privacy acts, pen register, trap and trace act, money laundering act, immigration and nationality act, financial privacy act, and fair credit act. Even thought the Patriot Act gave law enforcement and government officials almost unlimited power, they still had to have a court order, probable cause, and high level standard to meet. The Patriot Act has several new sections that were enacted after 9/11 which all gave law enforcement officers more power and weapons in fighting terrorist. According http://www.epic.org/privacy/terrorism, after 9/11 new legislature redefined a pen register as “evidence or process in which recorders or decoders, routing, signaling information by an instrument or facility where information is being transmitted”.