Terrorism and Law Syllabus

TERRORISM AND THE LAW
SYLLABUS
Instructor: Dr. Tom O'Connor or assigned instructor
This is a "master" syllabus and may not be your actual syllabus
Assigned instructors may or may not use this material

Class meets: as scheduled Office Hours: as scheduled APSU Center @ Ft. Campbell Telephone: (931) 221-1477 (931) 221-1493 (Fax) Email: oconnort@apsu.edu Website: www.drtomoconnor.com
Textbooks: McCormack, W. (2007). Understanding the Law of Terrorism NY: LexisNexis ISBN: 9781422474426 Author's Website. Also sometimes required: O'Connor, T. (2009) Bringing Terrorists to Justice. New Delhi: IA Books. ISBN: 9788189617707 Author's Website. Note: the O'Connor chapters roughly correspond to some of the lectures freely given away at his website and have been updated since publication of the book.

COURSE DESIGNATION: CRJ 3030 Terrorism and Law (3 semester hours)

COURSE DESCRIPTION AND PREREQUISITES: This course is an in-depth analysis of federal and state law as they pertain to the study of terrorism. Topics include search and seizure issues, privacy laws, the Patriot Act, Constitutional issues in reference to terrorism investigation/prevention, and criminal procedure. (no prerequisites)

COURSE OBJECTIVES:

1. To understand the extraterritorial enforcement of U.S. terrorism law
2. To understand the development of an international law of terrorism
3. To examine the international law of war and international criminal law
4. To analyze the investigation, apprehension, and prosecution of terrorists
5. To identify constitutional limitations in preventing or prohibiting terrorism
6. To identify civil liberties affected by extraordinary government powers
7. To appreciate the need for controls on extrajudicial handling of terrorists

GENERAL EDUCATION GOALS:

In addition to the above objectives, the more general goals of this course are to provide the student with the following tools to help develop his or her potential:
1. Development of the student's analytical thinking capabilities through comparison and contrast in the application of theories and concepts to social problems
2. Enhancement of the student's literacy skills through assigned readings, discussions, examinations, and other requirements
3. Utilization of the historical perspective which helps with student understanding of evolutionary developments over time
4. Understanding of the scientific method through research requirements and in-depth case studies
5. Improvement in social interaction skills and understanding human behavior through consideration of the impact legal and social systems have on individuals
6. Increased student awareness of cultural and multi-cultural issues through study of how social problems and social movements are related to, and affect, minority groups
7. Preparation for more advanced study in criminal justice/homeland security

CONTENT OUTLINE:

Week 1: (or Weeks 1-2 in Main Campus term) McCormack chapters 1-3, O'Connor chapters 5-6, the following Lecture Notes, and any other material the Instructor assigns.
1. Defining and Designating Terrorism
1a. Theories for Understanding Terrorism

Week 2: (or Weeks 3-4 in Main Campus term) McCormack chapters 3-4, O'Connor chapters 1-2, the following Lecture Notes, and any other material the Instructor assigns.
2. A Review of Attempt and Conspiracy
2a. A Review of Being an Accomplice to Crime

Week 3: (or Weeks 5-6 in Main Campus term) McCormack chapters 5 and 9, O'Connor chapters 9-10, the following Lecture Note, and any other material the Instructor assigns.
3. Designation and Detention of Terrorists
3a. Enemies of the State (Designation of)
3b. Material Support for Terrorism
3c. Civil Law Actions against Terrorism

Week 4: (or Weeks 7-8 in Main Campus term) McCormack chapter 6, O'Connor chapter 3, the following Lecture Notes, and any other material the Instructor assigns.
4. Terrorism Investigation
4b. Crimes Against Humanity
4a. The Use of Force to Invade/Occupy Another Country

Week 5: (or Weeks 9-10 in Main Campus term) McCormack chapter 7, O'Connor chapter 8, the following Lecture Notes, and any other material the Instructor assigns.
5. National Security and Intelligence Policy
5a. Covert Action and Targeted Killing
5b. Drone Warfare

Week 6: (or Weeks 11-12 in Main Campus term) McCormack chapter 8, the following Lecture Notes, and any other material the Instructor assigns.
6. Military Law and Military Justice
6a. The Laws of War and Just War Theory

Week 7: (or Weeks 13-14 in Main Campus term) McCormack chapter 10, O'Connor chapter 7, the following Lecture Notes, and any other material the Instructor assigns.
7. Terrorist Profiling
7a. Preventive Detention and Torture
7b. Peace and Anti-War Movements
7c. Dissent and Protest

Week 8: (or Week 15 in Main Campus term) Finish up any unread textbook chapters, the following Lecture Notes, and any other material the Instructor assigns.
8. Martial Law and Posse Comitatus
8a. Emergency Powers and Civil Liberties
8b. Terrorism and the Media

REQUIRED LEARNING RESOURCES:

Main Textbook/Required Textbook: McCormack, W. (2007). Understanding the Law of Terrorism LexisNexis. ISBN: 9781422474426. This book has the following chapters:
1. Structures & Definitions
2. Choices of Response
3. U.S. Statutes & Jurisdiction
4. Conspiracies and Incitement
5. Material Support of Terrorism
6. International Legal Action
7. Intelligence Information
8. Military Action - Law of War
9. Military Detentions
10. Civil Liberties and Emergency Powers

Second Main Textbook: O'Connor, T. (2009). Bringing Terrorists to Justice. New Delhi: IA Books. ISBN: 8189617702. This book has the following chapters:
1. Terrorism Investigation
2. Domestic Intelligence Gathering
3. Comparative Homeland Security
4. Disaster Forensics (not required in CRJ3030 course)
5. Threat Analysis
6. Network Detection
7. Terrorist Profiling
8. Terrorist Financing
9. Civil Law Actions Against Terrorism
10. Material Support for Terrorism

Important Template/Rubric: How to Write a Legal Brief (Other guides: CJED; Appellate Briefs)

Supplemental Reference: American Psychological Association. (1994). Publication Manual of the American Psychological Association, 5e. Washington DC: APA. Note: students do not have to buy this book, but should have access to it or something similar in order to utilize the correct style or format with writing assignments.

Additional Learning Resources (Internet Links in lectures and these general resources)
Duke Law Center on Ethics and National Security
Findlaw Civil and Criminal Terror Cases
Georgetown Center for Peace and Security Studies
Greg McNeal's Law and Terrorism blog
ICT Terrorism & Counterterrorism Page
Library of Congress Guide to Law of Terror page
Terrorism Knowledge Base (START database)
NYU Center on Law and Security
Opinio Juris
RAND Corp. Terrorism Page
St. Mary's Center for Terrorism Law
JURIST Page on Terrorism, Law & Policy

COURSE REQUIREMENTS:

Students are expected to read and follow the schedule in the course syllabus, to read assigned text chapters, to read assigned Lecture Notes, and to seek and read additional suggested resources as provided by the textbook and Instructor. In addition, students are expected to be alert and attentive with note taking in class and have a demonstrated desire to participate in any discussion. Exams are to be completed within the deadlines given by the Instructor, and any special instructions for the paper and/or writing assignment(s) are to be followed precisely. The Instructor will announce all deadlines and instructions as well as provide reminders about the pace or flow of the course.

BASIS AND METHODS FOR GRADING: (May vary by instructor):

25% Midterm Examination (objective test with essay questions that may count toward writing)
35% Final Examination (objective test with essay questions that may count toward writing)
25% Writing assignments (single or multiple assignments, the equivalent of 8 pages)
15% Participation and Discussion (attendance, logins, discussion contributions)

The grade scale used in this course is normally a 7-point scale, as follows, although instructors are free to make adjustments or modifications as circumstances permit. At times when circumstances permit, the scale may be dropped to a 10-point scale, or slightly more.

A = 93-100
B = 86-92
C = 78-85
D = 70-77
F = 69/below

ATTENDANCE POLICY: An attendance roster is kept (and login records, if this is a web-based course), and students are expected to attend all sessions on time and as scheduled. If a session and/or assignment deadline is to be missed for circumstances beyond the student's control, prior permission of the instructor must be obtained, and arrangements made for submission of the work. Regular late submission of work as well as tardiness and absenteeism will result in reduction of the final grade by at least one letter, depending upon severity. An "Incomplete" can only be given if the student has normally completed at least half the coursework, has a reasonable justification, and makes arrangements with the instructor.

DISABILITY POLICY: Any student who has a disability that may affect his/her academic performance is encouraged to make an appointment with me to discuss this matter, or you may contact Disability Services; telephone 221-6230; voice 221-6278; voice tty.

POLICY ON MINORS: Minors (any non-student under the age of 18) accompanying staff, faculty, students, or visitors on campus are not permitted in the classroom.

ACADEMIC AND CLASSROOM MISCONDUCT: Students are expected to conduct themselves appropriately at all times. Academic and classroom misconduct will not be tolerated. Students must read the "Code of Student Conduct" in the new Student Handbook for an understanding of what will be expected of them within the academic setting. Cheating and plagiarism will not be tolerated, and any student found cheating or plagiarizing will receive an "F" for the work in question, and possibly an "F" for the course, and may be recommended for suspension from the University. Cheating is defined as not working on exams or assignments alone, and plagiarism is defined as taking the work of someone else's as one's own. APSU uses software that will identify plagiarism.

The above schedule and procedures are subject to change in the event of extenuating circumstances.

Last updated: May 16, 2013
Not an official webpage of APSU, copyright restrictions apply, see Megalinks in Criminal Justice
O'Connor, T. (2013). "Syllabus for Terrorism and the Law," MegaLinks in Criminal Justice. Retrieved from http://www.drtomoconnor.com/3030/default.htm.