(See related pages)
|
|
|
| A Raleigh, North Carolina man demonstrating against the USA Patriot Act. WASHINGTON, DC—The Bush administration, which refers to the USA Patriot Act as one of the most important tools in the war on terrorism, has been using the law in criminal investigations that have little or nothing to do with terrorists. The expanded government authority provided by the law is being used to investigate suspected drug traffickers, white-collar criminals, extortionists, child pornographers, money launderers, and even corrupt foreign leaders. Justice Department officials argue that they are simply using all the means available to them for pursuing criminals—terrorists or otherwise. Critics of the administration counter that such use of the Patriot Act is evidence that the administration is using terrorism as a guise to pursue a broader law enforcement agenda. Others argue heatedly that the Patriot Act was crafted in haste, that it gives the government far too much power, and that it is trampling on the Bill of Rights.¹ Within the context of this argument, what is the USA Patriot Act, and why is it so controversial? Is it really an infringement on the Bill of Rights? 1. Eric Lichtblau, "U.S. Uses Terror Law to Pursue Crimes from Drugs to Swindling," The New York Times, September 28, 2003, 1, 21; David Cole and James X. Dempsey, Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security (New York: New Press, 2002). Given these crucial questions, this chapter examines the Bill of Rights and the concept of due process of law and how it emerged in American jurisprudence. In addition, the chapter introduces the various stages of the criminal justice process. A more complete analysis of the process is presented in later chapters. |