Counseling Chapter 17 Seventeen Terrorism Learning Objectives After Reading This Students Will Able

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CHAPTER SEVENTEEN

TERRORISM

Learning Objectives

After reading this chapter, students will be able to:

2. Explain why federal criminal statutes must define terrorism.

4. List the elements of the crime of terrorism under most state laws.

6. Explain the concept of the rules of war.

8. List ways money is sent into and out of the United States by terrorist supporters.

9. Identify when a seizure is an extraordinary rendition.

Lesson Plan

Correlated to PowerPoints

I. Terrorism – Assignment 3

Learning Objective 1: Attempt to write a working definition of terrorism.

Media Tool

Mission Creep

http://www.theatlantic.com/politics/archive/2013/07/mission-creep-when-

everything-is-terrorism/277844/

o The Atlantic webpage article

o Discussion: What problems does the article discuss regarding the

definition of terrorism? What point is the article trying to make?

Why is it important that terminology is accurately defined?

Class Discussion/Activity

What is a good definition of terrorism? What are the difficulties in trying

to write a definition of terrorism? What have lawmakers had to do to be

able to write terrorism laws that are constitutional?

A. Terrorists are criminals who use force and violence in the pursuit of extreme

political, ideological, or religious goals

1. Terrorists may be domestic, international, acting on their own,

2. Use surprise and vulnerability

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B. Terrorism can be cheap and easy

2. September 11, 2001

C. Terrorism has existed for ages

D. Terrorists can be zealots, people seeking to avenge a wrong, maniacs, or

desperately oppressed people

E. No universally agreed upon definition of terrorism

F. U.N. Conventions

1. Goal is to identify terrorist conduct and make it criminal

G. U.S. definition of terrorism

1. Violent acts that would be crimes in the United States and are intended to

H. Terrorists are different than other criminals

1. Commit crimes to send a message, retaliate, seek change

I. Terrorism is a form of warfare

II. Early Terrorist Acts

A. Anarchists have historically used terrorism

1. May 1886 – Haymarket Square rally bomb

3. 1901 – President McKinley assassinated

III. International and Domestic Terrorism in Recent Years

Learning Objective 3: Explain one method by which a group can be identified as a terrorist

group.

Media Tool

Beslan School Massacre

http://www.youtube.com/watch?v=csr9TPGPoxs

o YouTube video

o Discussion: What group was responsible for the act of terror in

this video? Do you think they accomplished their goal?

A. Global problem and all nations are vulnerable

1. September 2004 – Beslan, Russia

3. July 2005 – London, England

4. November 2015 – Paris, France

B. Police all over the world on almost constant alert as a result of these recent acts of

terrorism

C. United States a target of al Qaeda

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D. National Counterterrorism Center

1. 2011 – 10,283 terrorist attacks worldwide

a. 12, 533 people were killed.

b. Afghanistan, Iraq, and Pakistan accounted for 64% of attacks

worldwide.

c. Sunni Muslim extremists accounted for 56% of all attacks and 70%

of all fatalities.

E. Recent domestic terrorism attacks

2. During a 17-year period, the Unabomber killed three people and injured

4. 1995 – The Federal Building in Oklahoma City was destroyed by a

massive bomb, killing 168 people and injuring more than 500 others.

6. 2011 – A lone gunman killed six people in a Tucson, Arizona, shopping

mall.

8. 2015 – A gunman attacked a Navy operations center in Chattanooga,

Tennessee, killing four Marines and one Navy sailor.

10. 2016 – A terrorist wielding a machete attacked customers in a Columbus,

Ohio, restaurant, injuring four people.

11. 2016 – A terrorist armed with an assault rifle killed 49 people in an

Orlando, Florida, night club.

F. The Council on Foreign Relations reported February 7, 2011, on trends in

domestic terrorism in the U.S.

2. Antigovernment and white supremacist groups

4. “Lone wolf” terrorists

G. Antiterrorism and Effective Death Penalty Act (AEDPA), 18 U.S.C. § 1332, and

the USA Patriot Act, 18 U.S.C. § 2239, make it a federal crime to provide

“material support or resources” to an organization that has been designated a

foreign terrorist organization in the United States by the State Department

H. Terrorist acts committed by Muslim extremists against the United States

1. Pan Am Air Flight 103 – Lockerbie, Scotland

3. A truck bomb damaged the New York World Trade Center in 1993.

5. September 11, 2001. More than 2,800 people died in these attacks.

IV. Criminal Charges Against Terrorists

Learning Objective 1: Explain why federal criminal statutes must define terrorism.

Learning Objective 4: List the elements of the crime of terrorism under most state laws.

A. Federal Antiterrorism Law

What If Scenario

What if a man told police he had explosives in his truck and would use them to blow up a

college building? The police evacuated the building, but a search of the truck revealed no

explosives. Has he committed a crime in your state? If so, what crime has he committed?

Class Discussion/Activity

Could a person charged with sedition argue at trial that his actions are

protected by the First Amendment? Would such an argument likely

succeed?

2. Sedition

3. Sabotage

What If Scenario

What if you and your friends create a website supporting the overthrow of the United States

government? Could you do this without being guilty of sedition? If so, how?

V. Terrorism, Terrorist Threats, and Support of Terrorism – Assignment 2, 5

Learning Objective 5: Define a terrorist threat under state criminal laws.

Learning Objective 6: Explain the concept of the rules of war.

What If Scenario

What if a man stood outside his former girlfriend’s house and shouted obscenities at her, in

violation of a protective order obtained by the woman? Police were called and arrested the

man. The man struggled with the arresting officers and was subdued by pepper spray. He then

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required hospitalization. While he was in the hospital, in the presence of officers, he stated that

when he was released he “would kill” the woman. Can he be charged with making terrorist

threats?

A. The crime of terrorizing is a crime that means to create a state of extreme fear,

dread, or fright

1. Prosecutions for making terrorist threats under state criminal codes

2. In addition to the federal statutes, at least 24 states have adopted

antiterrorism statutes.

3. An example is a state statute in Florida that defines the crime of terrorism

as an act or acts intended to:

5. States have also enacted statutes making it a crime to make a false report

6. Prosecutions for making terrorist threats under state criminal codes

7. Most state statutes also make it a crime for a person to support a terrorist

act or organization.

VI. The 804 Terrorism Prosecutions from 2001-2009

Class Discussion/Activity

The rules of war are customs and practices followed by most nations in

wartime and are now the subject of international conventions. The rules

create three classes of crimes: crimes against peace, crimes against

humanity, and traditional war crimes. Students can search online for these

three types of crimes and define each one. Have students identify some

examples that fit into each class of crime.

A. The persons charged came from at least 47 different countries

B. The largest group indicted (273) were persons with U.S. citizenship

C. The crimes charged were:

1. Terrorism – 244 cases

3. National security or hostage taking – 102

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5. Drug charges – 60

7. Immigration violations – 43

9. Violent crimes – 4

D. 244 of the defendants were convicted under terrorism statutes, which required

proof of involvement with terrorism.

E. 102 prosecutions were brought under hostage taking, sabotage, or possession or

use of chemical weapons.

F. Terrorism was also used for sentence enhancement in convictions under the

following principal crimes: immigration violations (1), obstruction of an

investigation (1), and crimes of terrorism or national security (20).

G. “Domestic terrorism” is focused on white supremacy advocates, anti-abortion

activists, animal liberation, and environmental terrorism.

H. 161 prosecutions for alleged WMD charges.

VII. Financing Terrorism: Where Does the Money Come From? – Assignment 4

Learning Objective 7: List ways terrorists obtain financial support for their terrorist actions.

Learning Objective 8: List ways money is sent into and out of the United States by terrorist

supporters.

Learning Objective 9: Identify when a seizure is an extraordinary rendition.

What If Scenario

What if a friend tells you that you could really help his charity by donating some money? Even

better, it is a tax deduction because it is a nonprofit. He tells you the name of the charity but

you have never heard of it. You want to contribute but you have a feeling that not everything is

legitimate about this charity. What should you do?

Media Tool

Homeland Security Raids Mall Kiosks

http://www.informationliberation.com/?id=43906

o Information liberation website video

o Discussion: How likely do you think it is that the money from the

sale of fake merchandise goes to support terrorist activities? Have

you ever bought something that was likely fake (hypothetical

question)? We have all seen kiosks such as this … what will you

do the next time the opportunity arises?

A. The 9/11 Commission found that most of the $400,000 to $500,000 used to

finance that operation came from donations to “charitable organizations,” which

then funneled the necessary funds to the terrorists

B. A shortage of financial support can affect the scope of a terrorist attack

C. Terrorists frequently use other criminal activity to finance their terrorism

1. Drug trafficking

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2. Theft

3. Fraud

4. Intellectual property crimes

D. Stopping the flow of funds to terrorists is an extraordinarily difficult task

Class Discussion/Activity

Why is it difficult to stop money for terrorists from coming in to the

United States? Are there any means not listed in the text that might be

used to stop financial support of terrorism from entering the United States?

What should be done with money confiscated from terrorist organizations?

E. Moving money into and out of the United States

1. Large quantities of funds move into and out of the United States every

day, both legally and illegally.

3. Webpages can be used to solicit funds.

5. Illegal use of the Hawala system violates many federal money laundering

laws and could also violate provisions of antiterrorism laws.

6. In the 2012 case of United States v. Banki, a federal court of appeals held

that noncommercial intrafamily transfers of money to and from Iran

through the Hawala system did not violate the U.S. Treasury Department’s

Iranian Transactions Regulations.

Class Discussion/Activity

The Hawala system has been used for centuries in Middle East countries.

Students can research the system online to search for cases of Hawala

crimes. Student should use the key term “Hawala” and see if any reports

on terrorists using this system can be found. Additionally, students can

research to see what other kinds of criminals use the Hawala system.

Class Discussion/Activity

Has international criticism of the U.S.’s actions on the war on terrorism

made it more difficult to fight terrorism? Why/why not?

F. International criticism of aspects of the U.S. war against terrorism

2. Prior to 9/11, the United States was mainly content to participate in these

internationally sponsored efforts.

3. After 9/11, the United States, together with some of its allies, began

4. Actions that have brought criticism include:

a. Kidnapping and abductions

b. Secret over-flights of European countries

c. Canadian citizen’s treatment

Lecture Notes

The war on terrorism has dramatically changed the American landscape and the landscape of

criminal law enforcement. Students are studying a moving target because the law is still

evolving. Students can actually follow the development of new legal doctrines and the creation

of a new jurisprudence. It’s not an easy process. It moves forward in fits and starts and

generates a lot of controversy. Students may be surprised that there was so little foundation in

Terrorism has changed over time. We use to think of terrorism as acts of violence in foreign

countries. However, when September 11, 2001, came about most Americans developed a new

perspective on terrorism, as well as a new sense of urgency. Violence against others has been

termed terrorism, while a similar action may be called war. Religion and social processes have

become important elements in terrorism. Terrorism is a fluid action that changes constantly and

usually involves great acts of violence where none are expected. Terrorism is a way to frighten a

specific society and to create an intense psychological effect.

One of the most important questions to ask is: How much of the war on terrorism involves

matters for law enforcement officials and how much involves national security experts? That’s

why it might feel strange to students to study legislation related to terrorism in a criminal law

class. There are issues that go beyond the local criminal justice system even though it might be

defined as a criminal offense.

An important issue for terrorists involves how they will finance their terrorist activities. It is

important to understand that legislation must address the variety of ways that terrorists can

funnel money to their cause. An agency may appear to be a legitimate charity when actually it is

A final area that is important to address in the war on terror is the impact it has had and continues

to have on the relationship between the United States and other countries. As noted in the

chapter, there has been some international criticism regarding the actions taken by U.S. law

Key Terms

terrorism – The use force and violence in the pursuit of extreme political, ideological, or

religious goals, without regard to the innocent lives that may be lost. (p. 484)

treason – Acting to overthrow one’s government, or in violation of allegiance to one’s country.

(p. 489)

sedition – The crime of advocating the forceful overthrow of the established government. In this

country, the Smith Act makes such advocacy a crime. (p. 489)

Assignments

1. Assign each student or small group of students to research one of the international

3. Have students break into groups and prepare a PowerPoint presentation on how to fight

terrorism. They can be told that they have limitless power and funds, and they should be

creative. Consider these websites:

http://www.fema.gov/hazard/terrorism/index.shtm

http://www.cdi.org/program/issue/index.cfm?ProgramID=39&issueid=59

4. Have students research a case of extraordinary rendition. Have them write a paper

Case Analysis and Writing Exercises

1. One of the antiterrorism laws passed by Congress was the Chemical Weapons Act, 18

U.S.C. §229(a)(1). As we saw in Chapter 2, in United States v. Bond, 134 S. Ct. 2077 (2014),

the U.S. Supreme Court held that the statute did not apply to a “simple assault” using

household chemicals. Is the Chemical Weapons Act equally inapplicable to a disgruntled

patient, a pharmacist, who spread mercury throughout a hospital in retaliation for what he

believed was substandard treatment and excessive billing? If so, what separates the case from

2. In addition to the many federal terrorist-related statutes discussed in this chapter, Congress

also passed a statute directed at threats against federal judges, 18 U.S.C. § 115(a)(1)(B). In

United States v. Turner, 720 F.3d 411 (2nd Cir.2013), cert denied 135 S. Ct. 49 (2014) a man

upset with a decision on gun control by federal judges put posts on his gun rights blog

criticizing the judges and the decision. It is clear the First Amendment protects such speech,

even if it is virulent and even violent. At what point did the man cross the line and violate

section 115? How would you define that line?

3. Terrorists use social media to advance their goals. The terrorist group al-Shabab, which

attacked a shopping center in Kenya, Nairobi in 2013 killing nearly 70 civilians, used Twitter

accounts to publicize the attacks, showing live films and information about the attacks. The

Islamic State of Iraq is well-known for its use of social media to advance its cause. While

Twitter, Facebook and other social media monitor the use of their sites, they are not always

successful at keeping terrorist-supporting posts from the terrorist accounts. Should Congress

pass a law making social media companies liable if they don’t monitor accounts closely

enough? In Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) there is some language

4. There are threats, and there are terrorist threats. Many threats are not crimes, and many

others are misdemeanors. Terrorist threats, however, are generally felonies, and carry

substantial prison sentences as punishment. When a person makes a threat, the prosecution

must decide how to frame the charges. In State v. Yocum, 759 S.E.2d 182 (W.Va. 2014) the

defendant was arrested on a domestic disturbance call. While in the back seat of the officer’s

police cruiser, the defendant said, “After I get out of jail, I’ll be fu*king your wife, and I will

fu*k your daughters.” (The officer had two step-daughters, ages 9 and 12.) He was charged and

convicted under the West Virginia terrorist threat statute, W.Va. Code §61-6-24, which, like

most state terrorist threat statutes, identifies a terrorist threat as a threat of serious injury

intended to intimidate or affect the conduct of a branch of government. On appeal the West

Virginia Supreme Court of Appeals reversed the conviction. Why did it do so? What should

the prosecution have done instead?