Terrorism and Insurgency Overview

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Questions and Answers

What qualifies as entrapment in legal terms?

Defendant was induced by government agents to commit the crime. (correct)

Defendant committed the crime without any government involvement.

Government agents provided an opportunity but did not induce the crime.

Defendant was not predisposed to commit the crime.

Which of the following factors is NOT part of the predisposition assessment?

Did the defendant commit the crime for profit?

Was the crime suggested by a government actor?

Did the defendant show reluctance?

Was the defendant under duress? (correct)

Which group poses the highest threat of mass casualty violence according to the assessment?

Foreign Terrorist Organizations

Homegrown Violent Extremists

Lone offenders (correct)

Racially Motivated Violent Extremists

What defines Racially Motivated Violent Extremists (RMVEs) in terrorism contexts?

They are most likely to conduct mass-casualty attacks against civilians. Signup and view all the answers

What is a common characteristic of Domestic Violent Extremists?

They typically radicalize through online influences. Signup and view all the answers

What is one of the ramifications of the increase in Domestic Terrorism Investigations?

Growth in the number of subjects arrested for domestic terrorism. Signup and view all the answers

What is the role of judicial discretion in sentencing?

To allow judges flexibility in sentencing within legal frameworks. Signup and view all the answers

What is NOT a primary method of recruitment by Foreign Terrorist Organizations?

Adopting peaceful negotiation tactics Signup and view all the answers

What major limitation do United States sentencing guidelines have regarding prison sentences?

Judges can only sentence within the statutory maximum. Signup and view all the answers

Which of the following best describes the FBI's approach to classifying terrorism cases?

Terrorism cases are classified as either domestic or international. Signup and view all the answers

Is it necessary for a group to be involved for an act to be considered terrorism, according to the content?

No, violence with intent alone qualifies it as terrorism. Signup and view all the answers

Which of the following acts is classified as a crime related to terrorism under U.S. law?

Providing material support to terrorism. Signup and view all the answers

What kind of warfare is described as a general term for military operations, particularly in the context of insurgents?

Guerrilla Warfare Signup and view all the answers

How does U.S. law treat the international definition of terrorism according to the information provided?

It has a broader definition compared to international standards. Signup and view all the answers

What constitutes a substantial step in the context of attempting to use a weapon of mass destruction?

Taking strong actions that corroborate intent. Signup and view all the answers

Which of the following correctly identifies a factor that does not vary in how terrorist actions are classified?

Whether the act is classified as domestic or international. Signup and view all the answers

What is the primary focus of the CIA according to Executive Order 12,333?

Foreign intelligence related to international threats Signup and view all the answers

Which agency is authorized to conduct nonconsensual physical searches within the U.S.?

FBI Signup and view all the answers

What initiates a full investigation by the FBI in cases of terrorism?

An articulable factual basis indicating a federal crime or threat Signup and view all the answers

What is NOT a function of the CIA according to the Executive Order?

Performing internal security functions within the U.S. Signup and view all the answers

What is the role of the Joint Terrorism Task Force (JTTF)?

To act as a unified body for federal, state, and local agencies in combating terrorism Signup and view all the answers

How many steps are involved in the SIGINT process within the intelligence cycle?

Three Signup and view all the answers

In the context of FBI investigations, what can be utilized during a preliminary investigation?

Public information and surveillance Signup and view all the answers

Which of the following best describes the FBI's authority?

Defined by a combination of statutes and legal precedents Signup and view all the answers

What is one key requirement for an act to be defined as terrorism under U.S. Federal Law?

It must be intended to intimidate or coerce a civilian population. Signup and view all the answers

How does the U.N. definition of terrorism emphasize the intent behind such actions?

It emphasizes causing death or injury to intimidate a population. Signup and view all the answers

What differentiates domestic terrorism from international terrorism under U.S. Law?

Domestic terrorism must occur primarily within the U.S. Signup and view all the answers

Which of the following best describes insurgency in relation to terrorism?

It seeks to overthrow a government through armed conflict. Signup and view all the answers

What legal action was taken in Almog v. Arab Bank regarding terrorism financing?

Plaintiffs sued under the Alien Tort Claims Act for financing Hamas. Signup and view all the answers

What is a common misconception about acts of terrorism under the established definitions?

Only organized groups can commit acts of terrorism. Signup and view all the answers

What does 'war on terror' imply according to the definitions provided?

A targeted approach against groups who employ terrorism. Signup and view all the answers

Which of the following describes guerilla warfare in contrast to terrorism?

Guerilla warfare involves irregular military operations by smaller forces. Signup and view all the answers

What does the Fourth Amendment protect against?

Unreasonable searches and seizures Signup and view all the answers

In Katz v. United States, what was the key ruling regarding the Fourth Amendment?

The amendment applies to electronic surveillance. Signup and view all the answers

What is defined as a 'search' under the Fourth Amendment?

An expectation of privacy being infringed Signup and view all the answers

Which case involved the Third Party Doctrine related to data privacy?

Smith v. Maryland Signup and view all the answers

What significant decision was made in Carpenter v. United States regarding privacy?

Individuals have a legitimate expectation of privacy in cell site location information. Signup and view all the answers

What is generally required for a search to be considered 'reasonable' under the Fourth Amendment?

A warrant Signup and view all the answers

Which of the following was NOT a characteristic of British general warrants prior to 1765?

Limitations on location Signup and view all the answers

What does the term 'the people' refer to in the context of the Fourth Amendment?

Individuals generally protected from state actions Signup and view all the answers

Study Notes

Sentencing Guidelines

Judges can sentence individuals within the statutory maximum, even if the recommended sentence is significantly shorter.

Terrorism

Sleeper Cells: Individuals entering a country illegally and potentially affiliated with terrorist groups, but with no concrete evidence of wrongdoing.
Definition: While some countries avoid a general definition, the US definition closely mirrors the international definition and is more encompassing.
FBI Classification: The FBI categorizes terrorism as either domestic or international, but these are descriptive terms and not official crimes.

Insurgency vs. Guerilla Warfare

Insurgency: Violent acts by armed groups outside of a government's control, not aimed at overthrowing the government.
Guerilla Warfare: A broad term referring to military tactics employed by irregular or indigenous forces.

Terrorism Cases

Providing Material Support to Terrorism: Involves supplying resources for terrorist acts, including weapons, money or other forms of assistance.
Attempted Use of a Weapon of Mass Destruction: Involves planning or taking steps towards using a weapon of mass destruction, even if the attempt is unsuccessful.
Entrapment: Occurs when an individual is induced or persuaded by law enforcement to commit a crime they wouldn't have otherwise committed. Predisposition to the crime is a crucial factor.
Sentencing: Judges consider the statutory maximum, sentencing guidelines, and their own discretion when determining sentences.

Terrorism Threat Landscape

Foreign Terrorist Organizations: Engage in recruitment, fundraising, travel, and potentially establish sleeper cells.
Domestic Violent Extremists: Include racially motivated groups and lone wolves.
Lone Wolves: Individuals radicalized online or through personal influences are often considered the greatest threat for mass casualty attacks.
Racially Motivated Violent Extremists (RMVEs): Pose a significant threat, often carrying out attacks against civilians.
Militia Violent Extremists (MVEs): Primarily target law enforcement and government officials and infrastructure.
FBI Investigations: From 2015-2019, approximately 846 domestic terrorism subjects were arrested, and there were about 1,000 domestic terrorism investigations annually. These figures doubled in 2021 to over 2,000.

Defining Terrorism

NSDD-207 (1986): Defines terrorism as violence or threats of violence intended to intimidate or coerce a broader audience beyond the immediate victims.
UN Definition (2002): Defines terrorism as unlawful use of violence to intimidate a population or compel a government to act or refrain from acting.
U.S. Federal Law (18 U.S.C. 2331): Divides terrorism into international and domestic categories and defines it as acts intended to intimidate the public, influence government policy, or disrupt government actions through violence or destruction.

Terrorism vs. Insurgency vs. Guerilla Warfare

Terrorism: Involves violence or threats of violence against civilians or non-combatants with the goal of achieving political or ideological goals.
Insurgency: Involves armed conflict by organized groups against a government with the goal of overthrowing or disrupting the government.
Guerilla Warfare: Involves unconventional combat tactics employed by irregular forces against a stronger, conventional military force.

Almog v. Arab Bank

Case Summary: The case involved plaintiffs suing Arab Bank for providing financial support to Hamas, which they argued violated the Law of Nations due to Hamas' attacks on civilians.
Law of Nations: International law widely followed by nations, encompassing principles such as the prohibition of genocide and crimes against humanity.

Executive Order 12,333: The Role of the CIA

Focus: Primarily focused on gathering foreign intelligence and specifically on information relating to foreign governments, organizations, individuals, and international terrorists.
Limitations: CIA is prohibited from engaging in internal security operations within the United States.
Cooperation with Law Enforcement: CIA can assist in law enforcement activities related to foreign intelligence or international terrorism, but only under certain circumstances.

The Role of the FBI

Dual Role: The FBI functions as both an intelligence agency and a law enforcement agency.
Authority: While not governed by a single statute, the FBI's authority is outlined in various legal documents and regulations.
Intelligence Gathering: The FBI employs different methods for gathering intelligence based on the nature of the investigation.

The Joint Terrorism Task Force (JTTF):

Organization: A collaboration between FBI field offices and various federal, state, and local agencies focusing on terrorism-related investigations.

The Intelligence Cycle: SIGINT Process

Steps: The SIGINT process involves extracting, filtering, and storing intelligence information.

Fourth Amendment: Origins

Historical Context: The Fourth Amendment was established in response to the British use of general warrants and writs of assistance in colonial America, which allowed for broad and unrestricted searches without probable cause.

Fourth Amendment: Definition of a Search

Expectation of Privacy: A search occurs when the government intrudes on a person's reasonable expectation of privacy.
Third-Party Doctrine: When individuals voluntarily share data with a third party, they are generally considered to have waived their expectation of privacy in that data, making a government search of that data less likely to be considered unconstitutional.
Cell Site Location Information: In Carpenter v. United States (2018), the Supreme Court ruled that individuals maintain a legitimate expectation of privacy in their location data collected through cell site location information, limiting the scope of the third-party doctrine in this context.

Fourth Amendment: Definition of a Reasonable Search

Warrant Requirement: Generally, searches require a warrant based on probable cause.
Exceptions: There are established exceptions to the warrant requirement, such as plain view doctrine, consent, exigent circumstances, and hot pursuit.

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Description

This quiz covers key concepts related to terrorism, including definitions, classifications by the FBI, and the distinction between insurgency and guerilla warfare. Explore the complexities of sentencing guidelines related to terrorism cases and understand the nuances between different forms of violent acts.