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USA Patriot Act Term Paper

Patriot Act The U.S.A. Patriot Act was passed because of the terrorist attacks on the United States on September 11, 2001. We realized that our current body of laws did not completely address the task of finding terrorists before they take action. The Patriot Act was passed to make it easier for us to protect ourselves from future terrorist acts. The Act has been controversial because although most people recognize the need to effectively prevent future attacks, some people feel the law has gone too far and infringed on civil liberties. Other critics contend that the law doesn't give government enough power (Doyle, 2002).

The Patriot Act makes various actions by the government when trying to identify who might be a terrorist easier to execute. It extends wiretapping to email, provides for nationwide permission to use wiretapping and related investigatory techniques rather than having to get those permissions on a state by state or municipality by munipality basis. The Patriot Act includes voice mail, and allows computer system searches under some circumstances. It allows for property confiscation and increases laws regarding money laundering. (Doyle, 2002).

It also puts restrictions on due process and allows for double jeopardy (being tried more than once for the same crime) under some circumstances. It identifies specific activities as new crimes including harboring terrorists and attacks on mass...

In the case of the Patriot Act, more conservative politicians are more completely in favor of the Patriot Act, while liberal members recognize the need to fight terrorism but worry some about possible infringement of civil liberties. In particular, the practice of holding suspect aliens for extended periods of time without access to legal advice has come under fire.
The Patriot Act has affected institutions in various ways. Banks now have signs explaining that some of the things they require are mandated by this law, for instance, the requirement that people opening bank accounts provide proof of identity. This was true before the enactment of the Patriot Act but now receives added emphasis. Private institutions, particularly certain charities, have to consider where their funds come from and where they go. If they either come from or go to organizations viewed as tied to terrorism, the group has committed a serious breach of law.

The Patriot Act continues to receive criticism because it reduces some civil liberties. In one incident covered by the media, the singer Cat Stevens, now known as Yusaf Islam since his conversion to the Moslem religion, was taken off a U.S. -- bound flight because he was on a "terrorist watch list" of people who should not be allowed…

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While obviously we have to protect ourselves from terrorism, I have some concerns about some of the provisions. I think that for the most part our legal system has functioned very well. I wonder if it's really necessary to suspend due process for an entire group of detainees without any checks and balances. Once a person has been detained under the Patriot Act, the government does not have to justify it or explain it, and they don't even have to tell the person's relatives where he or she is. In addition, the protection against double jeopardy has been of major importance in our country. Because of that part of the Constitution, police or other law enforcement agencies have to have solid evidence before arresting someone, and prosecutors must be sure they have a strong case before bringing someone to trial. If a person is acquitted, that person can get on with his or her life without worrying about being tried again. I personally think our legal system is up to the task of trying and convicting terrorists without taking these steps.

SOURCE:

Doyle, Charles. CRS Report for Congress. April 18, 2002. Accessed via the Internet 12/1/04. <http://64.233.161.104/search?q=cache:VmMti9AI84QJ:www.fas.org/irp/crs/RS21203.pdf+%22Patriot+Act%22&; hl=en>
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