Difference between revisions of "Legal Matters"

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The full text of the Patriot Act can be found [http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12251&c=207 here].  That said, the intricacies of government legal jargon are not the easiest things to understand.  See commentaries from [http://slate.msn.com/id/2087984/ the slate.com] and [http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207 the aclu].  Also see [[ The Patriot Act For Dummies]].
 
The full text of the Patriot Act can be found [http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12251&c=207 here].  That said, the intricacies of government legal jargon are not the easiest things to understand.  See commentaries from [http://slate.msn.com/id/2087984/ the slate.com] and [http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12126&c=207 the aclu].  Also see [[ The Patriot Act For Dummies]].
 
  
 
===Changes in Section 412===
 
===Changes in Section 412===
 
The Patriot Act in the world of the American Gods game contains one key difference from the one in the real world.  This difference appears in Section 412, '''MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.'''  
 
The Patriot Act in the world of the American Gods game contains one key difference from the one in the real world.  This difference appears in Section 412, '''MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.'''  
  
The Section states that the Attorney General may certify someone an alien to be taken into custody as a suspected terrorist if he has reasonable grounds to believe that one of the following three things is true:
+
The Section discusses the rules under which the Attorney General may take suspected terrorists into custody.  The differences appear in three paragraphs, quoted below (the differences appear in italics):
* (A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
+
* (1) CUSTODY - the Attorney General shall take into custody any alien who is certified under paragraph (3) ''and any deceased bodies and organic materials involved in acts certified aliens engaged in to so certify them.''
* (B) is engaged in any other activity that endangers the national security of the United States.
+
* (2) RELEASE- Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien ''or alien material'' until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien ''or alien material'' may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
* (C) is declared deceased, upon declaration all organic material becomes materials in accordance with 213. Materials remain subject to 213 until the Attorney General determines that the material is no longer a threat as defined by section 412 and 213. If the alien material is finally determined not to be removable, detention pursuant to this subsection shall terminate.
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* (3) CERTIFICATION - The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien - 
 
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** (A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
[Authorizes the Attorney General authority to order a brief detention of aliens without any prior showing or court ruling that the person is dangerous.]  Section 412, United States Code, is amended - alien material is further defined as deceased bodies and organic materials involved in acts of terrorism.
+
** (B) is engaged in any other activity that endangers the national security of the United States.
 
+
** ''(C) is declared deceased, upon declaration all organic material becomes materials in accordance with 213.''
 
 
  
'''MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW
 
SEC. 236A. (a) DETENTION OF TERRORIST ALIENS-'''
 
* (1) CUSTODY- The Attorney General shall take into custody any alien who is certified under paragraph (3).
 
* (2) RELEASE- Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien or alien material until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien or alien material may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
 
  
  
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[[State vs. Reagan - Additional Details]]
 
[[State vs. Reagan - Additional Details]]
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 +
  
 
==Homicide and the Legal System==
 
==Homicide and the Legal System==

Revision as of 14:20, 17 September 2005

The Patriot Act

Praised by some, criticised by others, the USA Patriot Act is one of the defining pieces of legislation from the days following September 11th, 2001. Seen by most as an "anti-terrorism" law, the Patriot Act's purpose is largely to expand law-enforcement powers to keep up with advancing technology. Simply put: if the authorities were formerly able to seize your mail or faxes, or were able to wiretap you, once they had a warrant, they can now also (with a warrant) seize your voicemails and email and chat logs and such. The act also includes a string of commands for intelligence agencies to do their jobs better - to share information with each other, to hire more translators, etc.

The full text of the Patriot Act can be found here. That said, the intricacies of government legal jargon are not the easiest things to understand. See commentaries from the slate.com and the aclu. Also see The Patriot Act For Dummies.

Changes in Section 412

The Patriot Act in the world of the American Gods game contains one key difference from the one in the real world. This difference appears in Section 412, MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.

The Section discusses the rules under which the Attorney General may take suspected terrorists into custody. The differences appear in three paragraphs, quoted below (the differences appear in italics):

  • (1) CUSTODY - the Attorney General shall take into custody any alien who is certified under paragraph (3) and any deceased bodies and organic materials involved in acts certified aliens engaged in to so certify them.
  • (2) RELEASE- Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien or alien material until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien or alien material may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
  • (3) CERTIFICATION - The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien -
    • (A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
    • (B) is engaged in any other activity that endangers the national security of the United States.
    • (C) is declared deceased, upon declaration all organic material becomes materials in accordance with 213.


State vs. Reagan

EXCERPTED from Maryland State court records: Docket number 1542.23, State of Maryland vs. Thomas Reagan, arraignment, January 28th 2005.

Barry Levine*, Assistant State's Attorney, for the Prosecution:

"Your Honor, altough the State has charged Mr. Reagan under Maryland Criminal Code Title 6, subtitle 3, section 01a with 2,000 counts of malicious destriction of private property*, under Title 7, subtitle 1, section 05b with 2,000 counts of motor vehicle theft* and under Title 9, subtitle 7, section 02a with 500 counts of injury to public property*, the State's sole reason for these charges was to bring Mr. Reagan before this court today so that we could assert that he has no right to a trial at all."
"Thomas Reagan is of the group known to the media and the world at large as The Survivors. It is the State's contention that these so-called Survivors are no longer human. I hold here a document, A Mutation in the Variable Repeat Region of the Gene, by Lindsay Gleghorn, Rajkumar Ramesar and Gillian Wallis, 3 of the world's leading genetic specialists. The report is further signed and approved by 7 more. They arrived at the conclusions in this report after examining the Survivors' genetic tissue. Let me read a brief excerpt:

The genetic makeup of these subjects, I say subjects because their DNA no longer even remotely resembles human DNA, is unlike anything I have ever seen. If I were given this DNA without knowledge of the source of it I would not even assume that they were human.

"Would not even assume that they were human. If the world's leading doctors wouldn't identify them as human, how can this court? And if they are not human, how can we give them the same basic rights as humans? When a tiger kills a man, do we put it on trial? No. We put it down, to stop it from killing again."
"Your honor, there are tigers in our midst, and it would only hurt us to pretend that they are men."

State vs. Reagan - Additional Details


Homicide and the Legal System

References



The AMERICAN GODS