Terror results and outcomes

Terror Results

The new landscape that has developed within the criminal justice system in recent times has presented many challenges that are difficult to solve and present no real easy solution. The ever present threat of terrorist activities has placed this system in a unique situation where a balance between human rights and the protection of the citizens. In legal attempts to thwart terrorist efforts, advanced and debatable interrogation techniques have begun taking place. The purpose of this essay is to discuss the ethical dilemma that is present in finding and achieving this balance between what is right and wrong. This essay will suggest that there is not general right or wrong and that each case must be handled with reason and rational thought in order for the criminal justice system to maintain a useful place within society.

Background

The 9/11 attacks collectively spooked out everyone in America, despite the relatively little damage that was done. Terrorist attacks have great psychological impacts on the targeted populations often causing extreme and irrational reactions. A successful terror attack, in my opinion, should aim to do just that. The ability to successfully distract the target population in any terrorist attack is a useful objective that can disrupt any efforts to thwart or combat such attacks.

The many knee-jerk reactions that occurred shortly after the 9/11 attacks demonstrated the success of the attacks. Furthermore no one has been legally captured and charged with those crimes. IN many ways the criminal justice system has desperately failed by not bringing anyone to justice under its legal means. This is certainly a black eye on the organization and vigilante efforts, perhaps misplaced, have been a common demonstration from this collective organization. The obvious failures by government on 9/11 have shown that weaknesses were not necessarily a legal problem but more of a leadership problem.

Changes to Legal System

9/11 demanded that some changes needed to be made. In haste it appears that some of the wrong changes were chosen. The United States Government was quick to legislate new laws that were meant to address some of the exposed weaknesses that were exposed in the attacks. As new waves of terror attacks began to hit both domestically and internationally, these new laws were soon revealed as limited in their effects.

The patriotic fervor was also felt at the individual level as well, as many people both within and without the legal system channeled their own powers in efforts to diminish the threats of terrorism. Unfortunately many rogue ideas have turned sour and extreme violations of the law certainly occurred.

Leadership

Domestic criminal justice systems no doubt take their leadership cues from the higher levels of government and society. As the national collective went to war soon after the 9/11 attacks, the criminal justice system followed suit, and began their own campaign to help make this country a safer place through their efforts. In many ways, the War on Terror has been a massive failure and the conduct of operations has been less than stellar if not a violation of many international crimes themselves.

Domestic terror interrogations that occurred after 9/11 were affected by the U.S. Governments practice of extreme rendition. This practice was a violent effort to catch potentially terrorist through aggressive and questionable means. Millar (2008) wrote "extraordinary rendition involves rending persons to non-judicial authorities outside of treaty and legal processes. This is usually accomplished through kidnapping and forced transfer from one country to another. In many cases of extraordinary rendition, it appears that the seized persons are expressly delivered to foreign jurisdictions to circumvent constitutional rights." This practice no doubt set the tone for ensuing legal actions at lower levels.

The detention center in Guantanamo Bay Cuba is another example of how the criminal justice system took its cues from the larger federal government. The inhumane treatment and lack of reasonable and justifiable application of legal defense is no doubt another black eye on the traditional American values of human rights and fair treatment. Once again, the lack of leadership on this issue has caused a rippling effect down to the lowest levels of criminal justice.

Resolving the Ethical Dilemma

On one hand the threat of terrorism is very real and scary, on the other the importance of rights and the rule of law need to be enforced. This balance is very tricky and requires some forethought and analysis to help solve. It appears that in order to solve this problem and place the onus of respectable interrogation back on to the personnel who is best equipped to deal with that issue requires a new and fresh prospective that admits to the failures of the past in a frank and honest way. Too often, we forgive our past transgressions without penance and giving deep and true thought to ways in which problems may have been avoided. The first step requires an honest self -- assessment that does not look to place blame but rather offer new alternatives that can be helpful in the future.