One of the most difficult issues in criminal justice has been the balancing act between public safety and security and civil liberties
One of the most difficult issues in criminal justice has been the balancing act between public safety and security and civil liberties. This balancing act has become even more difficult in the ongoing war on terrorism. For instance, in 2013, a government contractor, Edward Snowden, leaked classified material from the National Security Agency (NSA). The leaks revealed NSA programs that secretly collected data regarding emails, texts, and phone use by Americans without probable cause. Many people felt the actions of the NSA were appropriate and that the government should be able to compromise constitutional rights to prevent terrorism. Others felt the NSA actions were illegal and had to be stopped. While most would agree that terrorism is a serious concern, how far should the government go?
After reading the Foreign Intelligence Surveillance Act, the USA FREEDOM Act, its now-expired predecessor the USA PATRIOT Act, and the 1st, 4th, 5th, 6th, and 14th Amendments, research the actions of the government post 9/11 and write a paper.
In your paper,
· Determine whether the government’s overriding need to fight terrorism outweighs the 1st, 4th, 5th, 6th and 14th Amendment rights of the people within the United States.
· Evaluate whether or not 1st, 4th, 5th, 6th and 14th Amendments apply to terrorists since the writers of the Constitution could not have envisioned mass shootings and suicide bombers.
· Assess whether the USA FREEDOM Act, its now-expired predecessor, the USA PATRIOT Act, or the Foreign Intelligence Surveillance Act violate the Constitution.
· Determine whether United States Government violated the Constitution by its actions pursuant to the USA FREEDOM Act, its now-expired predecessor, the USA PATRIOT Act, or the Foreign Intelligence Surveillance Act.
· Assess whether the 4th Amendment requirement of probable cause should be waived when investigating terrorism.
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