Reference no: EM132599600

Bush v. Obama - Detainee Policy

Preventive Detention in the War on Terror

Where should terrorists stand trial-within the traditional federal and state court systems, in a military tribunal, or in a special terrorism court?

This is the primary question that you are tasked with answering in this assignment. This question has created a lively and ongoing debate amongst attorneys, judges, legislators, the military, and homeland security policy makers. Your task is to research this subject, make a recommendation, and then support that recommendation through your research. Review the Detainee Treatment Act of 2005 and the Military Commission Act of 2006 for background on this matter.

Your discussion should include the characteristics of all of the proposed options before your recommendation. In addition to recommending one of the choices listed in the primary task question, your recommendation should describe whether there needs to be any changes made to your particular choice. For example, if you choose military tribunals, please discuss whether there are any changes necessary to the military tribunal format as a venue for terrorism trials.

1. Is terrorism a political act, an act of war, or a violation of criminal law? Explain.

2. In whatever system you recommend, should the trials be public or held in secret? Fully justify your response.

3. What relationship if any, should your proposed solution have with the terrorism court established by Congress in the Foreign Intelligence Surveillance Act? Explain.

4. With respect to where the U.S. should try suspected terrorists, should domestic terrorists and foreign terrorists be treated differently? Explain.

5. If yes, how should they be treated differently? Explain.

6. If no, why should they not be treated differently? Explain.

7. What have other countries done that might inform the U.S. how better to handle this problem? Use external research to support your arguments.