Chapter 9 Crimes Against the Government and Terrorism

Chapter Outline

Introduction

Crimes Against the Government

Perjury

Bribery

Official Misconduct in Office

Obstruction of Justice

Contempt of Court

Treason

Terrorism

The Problem of Definition

The Federal Criminal Code

Examples of State Terrorism Statutes

The Categories of Terrorism

Terrorism Objectives, Strategies, and Tactics

Terrorism Victims

Weapons of Mass Destruction (WMD)

Chemical Agents

Biological Agents

Nuclear Devices

Cyberterrorism

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The Control of Terrorism

The National Level

The 9/11 Commission

The Antiterrorism and Effective Death Penalty Act of 1996

The USA Patriot Act

The Department of Homeland Security (DHS)

The Transportation Security Administration (TSA)

The Enhanced Border Security and Visa Entry Reform Act of 2002

The Public Health Security and Bioterrorism Preparedness Response Act of 2002

The Intelligence Reform and Terrorism Prevention Act of 2004

The State Level

Summary

Study Questions

For Debate

Key Terms

Case Analysis

Internet Activity

Notes

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Key Terms

Bioterrorism: The use of biological agents, such as the spread of smallpox, in terrorist threats or

attacks.

Bribery: The offering, giving, receiving, or soliciting of anything of value to influence action by

public (or, in some jurisdictions, nonpublic) officials.

Cyberterrorism: The use of the Internet for terrorist threats.

Department of Homeland Security (DHS): A cabinet-level position created in response to the

11 September 2001 terrorist attacks. The new agency merged 22 previous agencies into one

agency and constituted the most sweeping overhaul of federal government in 50 years.

Embracery: A common law misdemeanor referring to a corrupt attempt to influence a juror by

means of promises, money, persuasions, or similar techniques.

Enemy combatant: A person who is alleged to have been associated with terrorist attacks

against the United States.

Espionage: Spying; that is, gathering, transmitting, or losing” national defense information with

the intent or reasonable belief that the information will be used against the United States

False swearing: False statements that would have been perjury had they been made during a

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judicial proceeding.

Misprision of treason: The concealment of the known treason of another.

Official misconduct in office: Any willful, unlawful behavior by public officials in the course

of their official duties. The misconduct may include the failure to act, a wrongful act that the

official has no right to do, or improperly performing an act that an official has a right to do.

Perjury: Under common law, false statements willfully made under oath in a judicial

proceeding.

Petit treason: Under English common law, the actions of a wife against her lord or husband and

of a servant against his master or mistress.

Sedition: A communication or agreement aimed at stirring up treason or defaming the

government.

Stockholm syndrome: An incongruous feeling of empathy toward the hostage takers and a

displacement of frustration and aggression on the part of the victims toward the authorities.

Subornation of perjury: A common law crime, which involved procuring someone to commit

perjury.

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Terrorism: Violent acts or the use of the threat of violence to create fear, alarm, dread, or

coercion, usually against governments.

Transportation Security Administration (TSA): Agency created by the Aviation and

Transportation Security Act (ATSA), enacted in November 2001. The agency was created to

assume the screening functions for all commercial flights, a responsibility that previously had

been under the Federal Aviation Administration (FAA), which was restructured by the statute.

Under color of law: During official duties.

USA Patriot Act: Controversial legislation (the Uniting and Strengthening America by

Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) enacted

after the 11 September 2001 terrorist attacks against the United States.

Chapter Overview

While the fear of crime has been a topic and focus within the field of criminology for years,

events of the past decade have caused increased fears. The fear of random crime is the

greatest, and it changes our lives. Some fears are realistic, while others are not.

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Treason is related to terrorism and is a crime that threatens the existence of civil government.

Indeed, it is the only crime contained within the Constitution. Only a citizen can be convicted

of treason, but anyone can be convicted of the related crime of espionage.

There is little agreement on a definition of terrorism. In some ways it is a political definition,

in other ways a legal one. There is no agreement on the history of terrorism or about who is

and who is not a terrorist. However, we can categorize acts that are roughly seen as terrorist

in nature.

It is important to examine the specific examples of terrorism that the United States has

experienced over the past 15 years or so because in many ways they define what we call

terrorism, and each had its own impact on how the nation chose to respond.

Understanding the strategies, tactics, and objectives of terrorism is important, as is

understanding the reactions of the victims.

The potential tools of some terrorists, weapons of mass destruction, are specifically important

to understand.

Technology and computing have risen in their significance and in their capacity for being

attacked by cyberterrorists and criminals. While these topics span several areas, it is

important to discuss them in terms of terrorism.

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How do we respond to threats of terror as a nation? The creation of the Department of

Homeland Security and the passage of major federal legislation is one means of response, as

is stepped-up security measures. Both have taken their toll on our lifestyle and on the

criminal justice system.

Learning Objectives

After studying this chapter the student will:

1. Understand treason, the only crime set out in the Constitution.

2. Know that two witnesses to the act are required to convict for treason.

3. Understand the difficulty in defining terrorism.

4. Know the different categories into which acts of terrorism fall.

5. Know that there are at least four weapons of mass destruction.

6. Be able to name the agencies involved in terrorism detection and prevention.

7. Know the major applications of the USA Patriot Act.

8. Be able to describe the major legislation passed to address terrorism on the national

level.

Review Questions

1. Which criminal offense is found in the Constitution, and what are its elements?

2. Explain the problems associated with defining terrorism.

3. What are the major categories of terrorism?

4. What are the four current forms of weapons of mass destruction?

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5. What federal agencies are currently involved in the detection and prevention of terrorist

attacks in the United States?

6. Explain what the USA Patriot Act is and what it attempts to do.

7. Other than the USA Patriot Act, what other major federal legislation has the goal of

combating terrorism?

8. Explain the difference between modern law perjury and common law perjury.

9. Explain the differences between modern law bribery and common law bribery.

10. What is the difference between nonfeasance, malfeasance, and misfeasance? What crimes

do these terms relate to?

Multiple Choice Questions

1. Under English common law, ______________ was defined as the killing of a husband by his

wife, the lord or master by his servant, or other acts of betrayal by a subordinate against a

superordinate (but not including killing the king).

a. espionage

b. sedition

c. treason

d. petit treason

2. Which of the following is defined as a common law misdemeanor referring to a corrupt

attempt to influence a juror by means of promises, money, persuasions, or similar

techniques?

a. misprision of felony

b. conspiracy

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c. embracery

d. culpability

3. Which of the following is not true in regard to treason?

a. The punishment for treason against the United States is death or imprisonment for not

less than five years and a fine of not less than $10,000.

b. Treason is defined in the U.S. Constitution, Article III, Section 3.

c. Treason can be committed by U.S. citizens and foreigners alike.

d. Treason has been labeled the worst of all crimes.

4. The Department of Homeland Security merged how many agencies into one, constituting the

most sweeping overhaul in federal government in 50 years?

a. 3

b. 10

c. 22

d. 40

5. The primary objective of terrorists is to:

a. gain sympathy and support.

b. create violence or instill the fear of violence for the sake of effect.

c. build feelings of distrust and hostility toward government.

d. undermine public order.

6. Which of the following best describes the definition of misfeasance?

a. failure to act

b. official misconduct

c. engaging in a wrongful act that the official has no right to do

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d. improperly performing an act that the official has a right to do

7. Which of the following is defined as the gathering, transmitting, or losing national defense

information with the intent or reasonable belief that the information will be used against the

United States?

a. treason

b. sedition

c. espionage

d. conspiracy

8. Which of the following is defined as attempting to overthrow the government of which one is

a citizen or betraying that government to a foreign power?

a. espionage

b. conspiracy

c. sedition

d. treason

9. Which of the following is defined as communication or agreement aimed at stirring up treason

or defaming the government?

a. sedition

b. espionage

c. conspiracy

d. treason

10. Which of the following is not true in regard to terrorism?

a. Terrorist acts are planned in advance.

b. The immediate victims are the focus.

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c. Terrorism is a political crime but may be a violent personal crime as well.

d. The inculcation of fear is paramount and deliberate.

11. Title 18 of the federal criminal code contains a section that defines which two types of

terrorism?

a. paramount and deliberate

b. political and personal

c. massive and uncontrollable

d. international and domestic

12. The worst act of terrorism on American soil until 11 September 2001 was the:

a. Washington, DC, sniper attacks.

b. Unabomber attacks.

c. Oklahoma City bombing.

d. terrorist attacks at U.S. abortion clinics.

13. Which of the following activities incidental to the commission of crimes of violence are

similar in form and method to true terrorism but nevertheless lack its essential ingredient?

a. quasi-terrorism

b. limited political terrorism

c. civil disorders

d. official or state terrorism

14. In response to this attack, President George W. Bush ordered air strikes and subsequently

sent troops to Afghanistan in an attempt to destroy Afghanistan’s ruling Taliban

organization and capture or kill Osama bin Laden.

a. the Oklahoma City bombing

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b. Saddam Hussein’s attacks on Iraqi civilians

c. a terrorist attack at an abortion clinic

d. the 11 September 2001 terrorist attacks

15. Timothy McVeigh was arrested as having committed the:

a. Oklahoma City bombing.

b. 2002 Washington, DC, sniper attacks.

c. terrorist attacks at U.S. abortion clinics.

d. terrorist attacks of 11 September 2001.

16. Homofighters:

a. must win the support of their compatriots in their fight to discredit their own

government.

b. need to attract international attention.

c. build feelings of distrust and hostility toward the government among the target

country’s population.

d. cause insecurity and damage the economy and public order in the target country.

17. Terrorism today is potentially more deadly than in the past because of:

a. a lack of security measures.

b. government instability.

c. weapons of mass destruction.

d. the white supremacist movement.

18. Which of the following included the expansion of wiretaps on terrorist suspects’ e-mail, use

of the Internet, and telephone conversations?

a. Department of Homeland Security

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b. Transportation Security Administration

c. Antiterrorism and Effective Death Penalty Act of 1996

d. USA Patriot Act

19. Which of the following involves disseminating viruses or even destroying an entire

information infrastructure?

a. cyberstalking

b. treason

c. cyberterrorism

d. espionage

20. Which of the following is not an advantage of biological weapons versus other types of

weapons?

a. They are more expensive than other weapons.

b. They are difficult to detect.

c. They can cause as much fear and panic as other weapons and perhaps even more than

chemical agents.

d. They can be produced in places such as garages, tool rooms, or kitchens.

Fill-in-the-Blank Questions

1. ______________ Spying by gathering, transmitting, or losing national defense information.

2. ______________ The use of the Internet to commit terrorist acts.

3. ______________ Violent acts or the use of the threat of violence to create fear, alarm, dread,

or coercion usually against governments.

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4. ______________ A common law misdemeanor referring to a corrupt attempt to influence a

juror by means of promises, money, persuasions, or similar techniques.

5. ______________ The concealment from proper officials of the known treason of another but

without sufficient involvement to constitute the elements of a principal in the crime.

6. ______________ Use of biological agents in terrorist acts.

7. ______________ Under English common law, the killing of a husband by his wife, the lord or

master by his servant, or other acts of betrayal by a subordinate against a superordinate but

not including killing the king.

8. ______________ A federal cabinet-level position created after the 11 September 2001

terrorist attacks; the agency combined 22 previous agencies into one organization that

coordinates all of the federal agencies involved in domestic preparedness and agencies that

coordinate plans for natural and person-made crises and emergency planning.

9. _______________ An incongruous feeling of empathy by hostages toward the hostage takers

and a displacement of frustration and aggression on the part of the victims against the

authorities.

10. _______________ Law enacted after the 11 September 2001 terrorist attacks. It was

designed to provide tools for combating terrorism and other issues.

11. _______________ Created by the Aviation and Transportation Security Act (ATSA) enacted

in November 2001. The agency was created to assume the screening functions for all

commercial flights, a responsibility that previously had been under the Federal Aviation

Administration (FAA), which was restructured by the statute. Originally reporting to the U.S.

Department of Transportation, this agency became part of the Department of Homeland

Security in March 2003.

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12. _______________ A communication or agreement aimed at stirring up treason or at

defaming the government.

13._____________ Contempt citations that occur in the court or so close to the court that they

interrupt court proceedings.

14. __________ _________ Citations issued to those who refuse to do what the court orders

them to do for the benefit of another party to the proceedings.

15. __________ means attempting to overthrow the government of which one is a citizen or

betraying that government to a foreign power.

16. __________ ____ __________ can be used against persons who deliberately interfere with

congressional powers and duties, as, for example, refusing to testify when ordered to do so.

17. ___________ meant to drag the offender by horse to the place of execution.

18. _________ disorders are a form of collective violence interfering with the peace, security,

and normal functioning of the community.

19. ___________ terrorism is violent criminal behavior designed primarily to generate fear in the

community, or a substantial segment of it, for political purposes.

20. _____________ political terrorism includes acts of terrorism committed for ideological or

political motives but which are not part of a concerted campaign to capture control of the

state.

21. ___________ are those who fight for foreigners.

22. _____________ are those who fight for their own people.

23. __________ _________ demand is an approach in which terrorists use an acceptable cause to

justify their unacceptable tactics.

24. _________ __________ is defined as false statements that would have been perjury had they

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been made during a judicial proceeding.

25. At common law, ___________ was limited to actions concerning judicial officials.

Short Answer Questions

1. List three advantages of biological weapons.

2. What does cyberterrorism involve?

3. In an attempt to deal with terrorism threats, how did the USA Patriot Act expand the powers

of law enforcement?

4. Define contempt of court. What are the different types of contempt of court?

5. What were the common law elements of perjury? Bribery?

ANSWER KEY

Multiple Choice Questions

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1. d

2. c

3. c

4. c

5. b

6. d

7. c

8. d

9. a

10. b

11. d

12. c

13. a

14. d

15. a

16. a

17. c

18. d

19. c

20. a

Fill-in-the-Blank Questions

1. espionage

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2. cyberterrorism

3. terrorism

4. embracery

5. mirprision of treason

6. bioterrorism

7. petit treason

8. Department of Homeland Security

9. Stockholm syndrome

10. USA Patriot Act

11. Transportation Security Administration

12. sedition

13. direct

14. civil contempt

15. treason

16. contempt of Congress

17. drawing

18. civil

19. political

20. limited

21. xenofighters

22. homofighters

23. Robin Hood

24. false swearing

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25. bribery

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