¶ … Terrorist Activities
Rule of Law
Since September 11, 2001 the U.S. Department of Justice has charged 310 defendants with terrorism or national security-related crimes, resulting in 204 cases either being plea bargained or presented to a jury (Beck et al., 2011, p. 7). The conviction rate has been 87% for these defendants, which is similar to the conviction rate for all federal crimes (Beck et al., 2011, p. 2). The most common charge used in these cases recently, and the most successful, is 'material support', as defined under Title 18 U.S.C. § 2339A and § 2339B (Beck et al., 2011, p. 18-21). Prior to 2007, just 11.6% of all terror cases involved a material support charge under § 2339 (harboring or concealing), § 2339A, or § 2339B. In 2010, 69.4% of terror defendants were charged with material support and in 2011 a full 87.5% were indicted under this statute.
§ 2339A was signed into law as part of the Violent Crime Control and Law Enforcement Act of 1994 and two years later § 2339B was included in the Antiterrorism and Effective Death Penalty Act of 1996 (Doyle, 2010, p. 1-2). Both statutes were amended by the Patriot Act, by increasing the length of maximum sentences from 10 to 15 years and including life imprisonment should the commission of a terrorist act result in a death. Conspiracy to provide material support is also covered under these statutest. When compared to non-terrorism-related federal crimes, a conviction under a material support indictment typically results in a prison sentence 7.8 times longer (Beck et al., 2011, p. 20).
The Controversy Surrounding § 2339B
Statute § 2339A can be summarized as providing support for an organization or person intending to commit, or committing, a serious federal crime and has been equated to an 'aiding and abetting' statute for terrorism-related crimes (Zabel and Benjamin, 2009, p. 13). In contrast, statute § 2339B represents a more controversial attempt to stop any form of support to an organization that has...
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