• TERRORISM (CONT)
• Is there a proper definition of it?
• Nature of Terrorism
• Civilians are being targeted; not uniformed, as w/ army, ect
o Political motive, not just criminal. Issue is to make a political statement, or
perhaps to coerce certain results from gov to further own political vision
• Even if no crimes yet committed, including conspiracy, serious threat; Scale of effects
much beyond ordinary criminal.
o An ongoing problem. No sense something will happen until it does.
• Security jeopardized by public trials, or full access to evidence for defendants, etc.
o Could play into terrorists’ hands by allowing them to know what the gov knows.
Can give them upper hand.
• **Know cases from textbook
• Key Issues
• 1- Retention w/o trial (sacrificing habeas corpus
• 2- Which sort of basis should we apply for deciding right and wrong
o Deontology or consequentialism?
Moral absolutes, or lesser of two wrongs • 3- How to view torture
• FLQ Crisis
• Wanted to promote Quebec independence through acts of violence (1970)
o Bombs left in mailboxes, kidnapping, ect
British ambassador, Canadian cabinet minister kidnapped
Cabinet Minister (LaPorte) was killed
• Habeas Corpus suspended by invocation of a law which does not exist today—War
o By Trudeau, with Quebec government’s and Mayor of Montreal’s support
o Could thus station Canadian forces on streets of MTL
• Federal gov rounded up and detained people with information or ties, or suspected of
having information or ties, to FLQ
o Also randomly searched houses without warrants, contrary to search and seizure
measures alongside habeas corpus
• Abraham Lincoln suspended HabCor in 1861. Challenged and legitimacy of suspension
taken to SCOTUS, which ruled against Lincoln. Lincoln did it anyway.
• Hamdi v. Rumsfeld (2004) US Supreme Court, LM, 762
• Issues o Can president declare ‘enemy combatants’ and hold them w/o charge
o What of status as neither POW nor charged w/ crime
o What of Hamdi’s status as a citizen?
o No such authority to President by Consitution
o BUT Congress granted such with general authorization to fight terrorism after
1- POTUS can declare ‘enemy combatants’ and hold them
2- But accused as citizen has