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- Title
SIXTY SHADES OF TERROR PLOTS: LOCATING THE ACTUS REUS AND THE HYPOTHETICAL LINE FOR ENTRAPMENT.
- Authors
BEJESKY, ROBERT
- Abstract
Due to the impact on privacy rights, the whistleblower accounts of Edward Snowden, demands for legislation to curb intrusive surveillance, and the impact of potential privacy violations on the evidentiary record in criminal convictions, Congress recently initiated investigations into the use of intelligence agency surveillance in FBI terror suspect investigations. Officials from the national security apparatus testified and advocates maintain that dozens of "terror plots" have been foiled since 9/11, but other experts report that the record does not sub- stantiate these numbers. For example, in July 2014, Human Rights Watch brought merited attention to this issue when it produced a report and accused the FBI of entrapping informants in nearly all high-profile terrorism cases, "creat[ing] terrorists out of law-abiding individuals, and targeting American Muslims in the agency's counter-terrorism investigations. This Article's scope is concerned with navigating the opposing positions and evaluating the evidentiary precedent substantiating criminally-punishable acts that have been classified as terror plots in order to assess whether actual danger from terrorism reasonably comports with emotive societal perceptions regarding terrorism.
- Subjects
UNITED States; COUNTERTERRORISM policy; ENTRAPMENT (Criminal law); LEGAL status of informers; ELECTRONIC surveillance; COUNTERTERRORISM; CRIME suspects; UNITED States. Federal Bureau of Investigation; CRIMINAL law; CRIMINAL law -- Social aspects; GOVERNMENT policy; STATUS (Law)
- Publication
Creighton Law Review, 2015, Vol 48, Issue 3, p393
- ISSN
0011-1155
- Publication type
Article