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?

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 ◼ ◼ ◼ ◼ ◼ 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 ◼ ◼ Guantanamo Bay ◼ Harsh interrogation ◼ ◼ ◼ ◼ ◼ 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 ◼ ◼ ◼ ◼ ◼ ◼ 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 ◼ ◼ ◼ ◼ 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 ◼ ◼ ◼ ◼ 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 ◼ ◼ ◼ Admissibility of confessions ◼ ◼ ◼ Greater ability to close courtroom to public for classified information Hearsay evidence ◼ ◼ 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 ◼ ◼ ◼ ◼ 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