Security vs. Rights

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www.securelaw.info Copyright, James F. Pastor, 2009

TYPES OF TERRORISM


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Security vs. Rights

How do we balance these critical principles?


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Terrorism Implications

Two critical principles:

Security vs. Rights

Mutually inconsistent More security = less rights (or conveniences)

Less security = more rights (or conveniences)

Two critical questions:

How much security is necessary?

What rights (if any) should be affected?


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DECISION CONTINUUM

fear Convenience


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SECURITY

fear Rights


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DECISION CONTINUUM

fear Convenience


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Security versus Convenience

Chertoff considers one of his"biggest obligations" in hisremaining months in office toeliminate the "not-in-my-backyard attitude" when itcomes to relatively small costsand inconveniences.

This will include a campaign tospread a message of sharedsacrifice "in as plain English as Ican, as often as I can and in asmany places as I can."

http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34 onSeptember 6, 2007

Ch k i t d ti
http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34http://www.usatoday.com/news/nation/2007-09-05-homeland_N.htm?csp=34


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Check point on a road connectingJerusalem and Hebron in the West Bank

during high alert

http://www.foxnews.com/photoessay/0,4644,3739,00.html#3_0on April 9, 2008
http://www.foxnews.com/photoessay/0,4644,3739,00.htmlhttp://www.foxnews.com/photoessay/0,4644,3739,00.html


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Convenience vs. Security


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www.securelaw.infoCopyright, James F. Pastor, 2009



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Rights vs. Security

An MIT student wearing whatturned out to be a fake bombwas arrested at gunpoint Fridayat Logan International Airport.

Star Simpson, 19, had acomputer circuit board and

wiring in plain view over a blackhooded sweatshirt she waswearing.

"She said that it was a piece ofart and she wanted to stand outon career day."

http://www.foxnews.com/story/0,2933,297593,00.htmlonSeptember 21, 2007
http://www.foxnews.com/story/0,2933,297593,00.htmlhttp://www.foxnews.com/story/0,2933,297593,00.html


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IEDs in the US?

About 300 IED attacks occurring eachmonth beyond the borders of Iraq andAfghanistan.

Will IED attacks inevitably appear inthe United States in significantnumbers?

"It's one thing to have bombs going offin Baghdad, but it will be quite anotherthing when guys with vests full ofexplosives start blowing themselvesup in Washington," said the Navy

analyst. "That has all sorts of repercussions,

for the economy, for civil liberties.

http://www.msnbc.msn.com/id/21053750/on September 30,2007
http://www.msnbc.msn.com/id/21053750/http://www.msnbc.msn.com/id/21054376/displaymode/1168/rstry/21053750/rpage/1/http://www.msnbc.msn.com/id/21053750/


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Would this affect your sense of

Security vs. Rights?


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Is this our choice?


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Ironic?


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Terrorism- Help us defeat it


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Freedom vs. Security?

RevolutionMuslim.com

Disclaimer on homepage:

We hereby declare and make absolutepublic declaration that

RevolutionMuslim.com operates under thefirst amendment right to freedom of religionand expression and that in no way, shape,or form do we call for war against the U.S.government or adhere to the enemies of theUnited States elsewhere.


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Security vs. Rights

The man who trades freedom for security does notdeserve nor will he ever receive either.

Benjamin Franklin

The constitution is not a suicide pact.

Often Attributed to Abraham Lincoln

But was first used by JusticeRobert H. Jackson in Terminiel lo v. Chic ago, a1949 free speech case decided by the U.S. Supreme Court.

In his dissent, he concluded: "The choice is not between order and liberty. It isbetween liberty with order and anarchy without either. There is danger that, ifthe court does not temper its doctrinaire logic with a little practical wisdom, itwill convert the constitutional Bill of Rights into a suicide pact."
http://en.wikipedia.org/wiki/Associate_Justice_of_the_United_States_Supreme_Courthttp://en.wikipedia.org/wiki/Robert_H._Jacksonhttp://en.wikipedia.org/w/index.php?title=Terminiello_v._Chicago&action=edithttp://en.wikipedia.org/wiki/Bill_of_Rightshttp://en.wikipedia.org/wiki/Suicide_pacthttp://en.wikipedia.org/wiki/Suicide_pacthttp://en.wikipedia.org/wiki/Bill_of_Rightshttp://en.wikipedia.org/w/index.php?title=Terminiello_v._Chicago&action=edithttp://en.wikipedia.org/wiki/Robert_H._Jacksonhttp://en.wikipedia.org/wiki/Associate_Justice_of_the_United_States_Supreme_Court


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Security versus Rights

Thomas Jefferson wrote (regarding Louisiana Purchase in1803):

"[a] strict observance of the written law is doubtless one ofthe high duties of a good citizen, but it is not the highest.The laws of necessity, of self-preservation, of saving ourcountry when in danger, are of higher obligation.

To lose our country by a scrupulous adherence to thewritten law, would be to lose the law itself, with life, liberty,property and all those who are enjoying them with us; thusabsurdly sacrificing the ends to the means."


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Security versus Rights

In 2006, Judge Richard Posnerof the Seventh Circuit Court of Appeals andprofessor at the University of Chicago Law School, wrote a book called "Nota Suicide Pact: The Constitution in a Time of National Emergency."

Posner argues that facing terrorism and the threat of WMDs, the scope ofconstitutional rights must be adjusted in a pragmatic but rational manner.Using cost-benefit analysis to balance the harm new security measuresinflict on personal liberty against the increased security those measuresprovide, Posner comes down, in most but not quite all respects, on the sideof increased government power.

Posner argues that terrorist activity is sui generisit is neither war" norcrime"and it demands a tailored response, one that gives terror suspectsfewer constitutional rights than persons suspected of ordinary criminalactivity.
http://en.wikipedia.org/wiki/Richard_Posnerhttp://en.wikipedia.org/wiki/Cost-benefit_analysishttp://en.wikipedia.org/wiki/Sui_generishttp://en.wikipedia.org/wiki/Sui_generishttp://en.wikipedia.org/wiki/Cost-benefit_analysishttp://en.wikipedia.org/wiki/Cost-benefit_analysishttp://en.wikipedia.org/wiki/Cost-benefit_analysishttp://en.wikipedia.org/wiki/Richard_Posner


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ANGLO-SAXON LEGAL

PRINCIPLE OUTMODELED? Consider the legal principle that it is better that a thousand guilty go

unpunished lest one innocent man be wrongly punished.

DHS Secretary Michael Chertoff stated the balance becomessomewhat different when we aim to prevent attacks. You must askyourself this questionwhether you would be satisfied to beconstrained by slow moving processes if the consequence would be toallow an attack go forward that would kill thousands of people orperhaps millions of people, including ones own children.

He stated that legal traditions enshrined in criminal law and lawsgoverning war might not "adequately reflect" the 21st century threat,"where we have non-state networks capable of waging war aseffectively and destructively as nation states could a century ago.

Source:www.theregister.com/2007/05/15/surveillance_scutiny/
http://www.theregister.com/2007/05/15/surveillance_scutiny/http://www.theregister.com/2007/05/15/surveillance_scutiny/


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Threat

RemediesRights Security

Under-reaction

Over-reaction


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Political Positions

Democrats

Crime

Defensive

Rights

Republicans

War

Offensive

Security


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Political Distinctions

Not right versus wrong

Not evil versus good

Based on worldview Ultimately based on notion or understanding of

human nature

Are people inherently good or evil? Your answer determines your solution

Talk versus Fight


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Who doesnt want peace?

Do you want peace?

I also want peace!

How is peace achieved?


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Who knows the road to Peace?

Peace achieved through conflict?

Peace achieved through dialog?

Is either means exclusive of the other? While we fight each other over the proper road

to peace, we lose the larger war!

Fanaticism vs. Freedom Freedom is not free nor is it guaranteed!


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Freedom or Fanaticism?


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Are We At The Crossroads?


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PERSONAL ANSWER!


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Copyright, James F. Pastor, 2009

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Security vs. Rights

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