Defining terrorism and theories of terrorist motivation

Terrorism Law

Terrorism is the destruction of property or people by individuals or an individual who do not operate for an established entity. Their actions are always aimed at redressing an imaginary or a real injustice towards an established government. Their actions are sometimes direct and at other times indirect (McCormack 21). Not all actions of destruction of property or people can be categorized as terrorism. The most vital factors that characterize the definition of terrorism include the following aspects.

People or a person who is not representing an established institution must do the act of causing destruction.

The destruction act is performed with the aim of redressing an imaginary or real injustice.

The act of destruction is always aimed at an established government, which is viewed as the source of the injustice.

An act of destruction cannot qualify as terrorism without the above characteristics. It is an issue of internal policy, an ordinary crime of common law such as arson and murder, an act of war or an accident. This means that if an act of destroying property or people is not directed at an established government, this cannot be seen as terrorism. This is regardless of whether the act aims at redressing a crime (Marting 15).

2. Theories of Understanding Terrorism (200 words)

Three theories can be used to foster the understanding terrorism:

The theory of anarchism:

This theory provides a justification for terrorism as an act of crime aimed at attacking values of an established society. This theory is based on governance that prohibits any form of external authority and instead advocates for other forms of organizations like mutual assistance to citizens of a country. This theory supports any organization whose structure is non-authoritarian and gives workers the greatest freedom (Cumming 9).

The theory of fascism:

This theory advocates for the use of power in scaring or impressing other people. It involves consolidating all political and economic power in order to form an entity that if focused on endlessly fighting with their enemies. This theory originated because of merging the corporate and state power. The theory is based on the concept of reassuring indomitable power. The theory of fascism is held as the constant and ingenious ways of applying propaganda so that people can be shown that paradise represents hell and vice versa (Cumming 21).

The theory of religion:

Researchers have pointed out that religion has something valuable to say about terrorism. This theory is of the opinion that issues of religion motivate the most dangerous terrorist groups on earth. These groups believe that God has approved for their actions on earth. They are always motivated by a sense of vengeance for t east and hope for the future. Ideas relating vengeance triggers these groups to perform acts of terrorism (Cumming 38).

3. A Review of Attempt and Conspiracy (200 words)

Attempt implies that an action has been attempted even though it has not been completed. Attempt is like injuring a person with intent to kill, but only ends up inflicting serious bodily harm. Conspiracy is the act of planning to commit a crime of murder. A person does not have to complete the act of crime in order to be punished. An individual who attempts to commit a crime is already engaging in a crime and must be punished just as that person who completes a crime. Similarly, individuals who are accused of attempt are subject to court scrutiny. The courts are responsible for scrutinizing acts of individuals so that they can establish whether an individual has taken a substantial step of attempt. In attempt, an individual does not have to be close to completing the act of crime. On the other hand, individuals are punished for conspiracy depending on their offence. Conspiracy is held as a felony under the first degree if the subject of conspiracy is murder. If the conspiracy is categorized below the first-degree felony, then the punishment will be much lesser. A conspiracy that falls under the felony of a fifth degree is treated as a misdemeanor of the first degree (McCormack 59).

4. A Review of Being an Accomplice to Crime (200 words)

An accomplice to crime is an individual who aids another person in committing a crime: this is either during the execution of the crime or before the crime. However, the conduct of such an individual does not make the crime itself. An accomplice to crime may sometimes assist a perpetrator without knowing. Such a person is referred to as an accomplice after the act. The perpetrator will be highly liable to the crime than the accomplice who will only be punished for being involved in a crime (Marting 56). However, if the court deems that the extent of participation is gross, the accomplice will be charged with committing the crime itself: in this case, the accomplice becomes a co-perpetrator. The judgment of the court is based on the finding that the extent of participation qualifies all the elements of a crime. An accomplice who helps a person to commit a crime will be charged as the real perpetrator of the crime. For instance, if a wife hires an assassin to murder her husband, then the wife will be treated as a co-perpetrator and will be charged as the assassin. For a person to be held as an accomplice he, or she must have had actual assistance or participation in the crime. He or she must have acted in some ways.

5. How do we legally designate and detain terrorists? (200 words).

Many questions have been brought forward regarding the legal frameworks that must be considered while controlling terrorism. Terrorism has been treated as a matter of criminal law, but there has been a remarkable difference on the war on terrorism. Available evidence shows that decisions have been made to try terrorists as enemies of sate, as well as focus on enemy combats. The war on terrorists is being fought in different ways:

A. Thwarting the efforts of terrorist before they commit the act of terrorism

B. Not allowing radical groups the sanctuary and support of any outlawed regime

7. Brief essay on National Security and Intelligence Policy - (600 words)

The fundamental purpose of the national security and intelligence policy is to provide protection for its citizens and the interest of the nation, both at home and in foreign countries. These policies are usually formulated and implemented at the centre of the federal government's executive arm. However, assistance from the Congress helps to design policies, legislations, control budgets, and oversight over departments that play the vital role of execution of such policies. National security and intelligence are the primary concerns of the military and foreign policy. However, there are other relevant factors such as human rights, peaceful development, commerce, and national security (Marting 104).

National security and intelligence policy focus on offices that the federal government controls. These policies have gained the support of the communities who have the resources used in implementing such policies. Therefore, the national security and intelligence policy aims at re-organizing homeland security and intelligence systems for different national entities and private sector. However, these policies do not stipulate the activities the communities will implement in an effort to provide national security (McCormack 57). While the national security and intelligence policy call for local and state entities to be linked to the efforts of national security and intelligence, the policies have failed to envision that national security and intelligence are being controlled by federal entities. This means that local, state, and federal intelligence officials must share information amongst themselves for the purpose of attaining national security and maintaining intelligence at all levels (Cumming 69).

The national security and intelligence policies are more explicit on the role of local, state, and elements of private sector. It puts more emphasis that national security must be a shared responsibility. The policy highlights that collaboration is fundamental in national security and intelligence. It highlights the process involved in identifying, uncovering, and locating terrorism activities: this is the primary goal of the policy. The policy specifies ways in which the government and private sector are supposed to contribute to national security and intelligence, (Marting, 120). Further, it highlights the importance of an integrated environment of sharing information that provides support for sharing information regarding terrorism activities. The policy has paid some defined attention to the sharing of information pertaining to terrorism activities. In its implementation, the policy has directed the arms of the government to undertake the following initiatives:

A. Create procedures within departments to analyze and review information gathered by the local and private sectors: such information must be integrated and disseminated to federal partners.

B. Evaluate how the government elements are utilizing national security information on how they participate in sharing of intelligence information

C. Ensure that a threat Assessment Groups designed for the purpose of bringing together local and state law enforcement to work together with intelligence analysis on countering terrorism.

National security and intelligence policy could be perceived to be an activity of the federal government. Geographical elements are not applicable to this policy. This is because federal entities that are involved in national security and intelligence may gather directly or indirectly, information outside the state (McCormack, 117). The federal government has created offices in over 200 countries. The offices are responsible for gathering criminal information through liaising openly with law enforcement counterparts at the international level. The policy provides an approach by which the federal government must follow in its activities as the statutory law commands. Thus, only a few of its agencies have been allowed to engage in intelligence activities at the domestic level. However, critics of the national security and intelligence policy argue that the policy appears to be parochial. Further, they state that their arguments are based on the idea that the policy discounts the importance of national security and intelligence roles of non-federal members (Marting 137).