Question 1

            The factors that are considered in deciding on whether to utilize forced based on international law are treaty law and customary law that exists internationally.  According to these laws they hold that all the members of the international relation shall cease being members due to the threat or the utilization of force which will be conducted against   the integrity of the territory or the independence of nations or the manners of inconsistent with the aim of the United Nations (Schmitt, & NATO, 2013).  The rule was therefore enshrined in the charter of United Nations in 1945 with valid reasons in order to prevent the nations from utilizing force to fulfill their self-desire or using the force when they felt the incline (Schmitt, & NATO, 2013).

            According to the customary international law, the law prohibits the use of force except in the two situations which are authorized by the charter of UN. The situations, therefore, include self-defense and in the aim of maintaining human security and international peace.  Article 51 of the international law states that nothing in the current charter chapter shall be responsible for impairing the inherent right to persons or collective self-defense with an attack that is characterized by arms occurs against the nation. This is therefore incorporated with humanitarian intervention right national broads protection and reprisals (Schmitt, & NATO, 2013).

            Question 2

            Preventive detention can be described as the incarcerating the person that is accused before the occurrence of a trial based on the assumption that if released they would not act in the best interests of a society. This is supported by the fact that they would additionally commit more crimes if released thus causing harm to the public.  Preventive detention is therefore used when the released of the accused person is assumed to be detrimental to the ability of the state in carrying out the required investigation (Hirsch, 2012).

            On the other hand, a bail is described as the temporary release of the accused person in the process of awaiting their trial. This is at times conducted in the situation that a number of money lodges are a guarantee that they will appear in court during the trial (Hirsch, 2012).

            Question 3

            The court should have ruled although he held the right to carry arms his conduct was unlawful. This is because he utilized the firearm to demand decision changes because he had lost his job due to his poor performance. The ATSA may not have been denied the right to material real statements in order to ensure that the air carriers, as well as the employees, did not hesitate in the provision of information which was needed for the case.  The court would, therefore, have ruled in favor of the corporation (Schmitt, & NATO, 2013).

            Question 4   

            Martial law is the nuisance of the highest ranked officer as the head of the states government of as the military governor thus eliminating the previous powers from prior executives, judicial branches as well as from the legislative of the government.  This imposition is, therefore, temporary and it is imposed when the states government or the civilian authorities fail in functioning effectively. This, therefore, involves the provision of security or providing important services and the act of maintaining law as well as order.  Martial law can be utilized by the government in enforcing rule over the individuals or the general public (Hirsch, 2012).

            When a governor calls for the National Guard activation this means that there is an eruption of violence. it is, therefore, effective in stopping the occurrence by threatening those that are involved or by utilizing violence they provides  a reliable excuse for the states or federal government to ignore the prior reasons for the unrest.  The governor, therefore, calls for the activation of the guard to ensure that the eruption of violence is stopped (Hirsch, 2012).

            Question 5

            When the indictment of a criminal becomes communal the prosecutor maintained his or her responsibility of taking the precautions against the unpermitted disclosure of the classified data during the case proceeding (Cole, & Smith, 2008). The process balances the right of the sovereign in knowing the possible threat of the criminal prosecution as well as the right of the defendant. The process is designed to ensure that it prevents the unnecessary disclosures of information and disclosing the cost towards the government (Cole, & Smith, 2008).

            Question 6

            Lawsuits can be used in deterring terrorism by using the imposition of cost strategy and the benefit denial strategy.  The benefit denial strategy is designed to contribute to the deterrence which threatens on denying the course of action benefits to an adversary.  Cost imposition threatens the retaliation while the benefit denial threatens it the failure. Cost imposition seeks to establish and attain the threat of imposing costs that are unacceptable on the adversary when involved in a particular action course (Hirsch, 2012).

            Question 7

            The agent was wrong for acting in a suspicious way. What the judge found unacceptable about the agent is that during his flight to Kennedy airport from San Diego he was exchanging seats with Amro and checking their watches in often modes thus speaking in Arabic. This was suspicious because they intended course was not determined. If he was suspected by the travelers he might have reacted in a negative way or in a criminal act (Cole, & Smith, 2008).

            Question 8

            National investigation standard may be based on case eligibility. On the grounds that the situation requires security investigation it is then conducted. The security of a nation being at stake, therefore, makes the eligibility act as the investigation standard (Schmitt, & NATO, 2013).

            Question 9

            Yes, it prohibitions drones killing.  This has been illegal since the year 1976.  They are thus prohibited because they are premeditated murder acts under all the federal states.  The murder can thus be termed as assassinations because they are secret or sudden   attacks of individuals based on several political reasons. The EO 12333 states that no individual person who is employed by the government or acts on behalf of the government of the United States shall be involved or conspire to be involved in the assassination. Indirect participation of agency or organization to undertake the request of participating in assassinations is also prohibited (Cole, & Smith, 2008).

            Question 10

FISA warrant is an authorized surveillance warrant against international spies in the United States which is enforced by the federal government and the agencies of intelligence (Moore, 2013). On the other hand, Title III warrant implies to the electronic communication warrant issued by the judge authorizing the interception of communication for 30 days upon a person who shows a probable cause. The interception is therefore designed based on the assumption that the interception will establish evidence that an individual was involved or is involved in a particular offense (Moore, 2013).

            Question 11

The case is important in illustrating the importance of once privacy in today’s world. This is because communication in the current century is mainly accomplished through electronic gadgets. The case, therefore, helps in understanding the basis of communication right as well as interception of communication.

            Question 12

            The Great Writ is a law of recourse which works when an individual reports an unlawful imprisonment or detention before the court. This is usually conducted by a prison officer who produces the prisoner and additionally produces justification for the detention of the prisoner. The prisoner, therefore, argues effectively that the incarceration was a violation of his or her constitutional right. The writ may be utilized in attaining custody of a detained individual who is involved in drugs, insane or has an infectious disease (Moore, 2013).

The Great Writ may not be suspended unless there is an occurrence of rebellion in the presented case or the public safety invasion is highly required (Moore, 2013).

            Question 13

            Extraordinary rendition is the abduction and transfer that is extrajudicial that is sponsored by the government and it involves the transfer of a person from a certain country to the other. This is also referred to as an irregular detention which is mostly carried out by the government of the United States and the central agency of intelligence (Gough, McCracken, & Tyrie, 2011).

            Question 14

            Factors that should be considered in imposing martial laws includes situations of natural disasters, the state of emergency and if there is the presence of  civil unrest that is nearing.  These situations should be considered because they result in the stability of the government as well as maintain order in the public.  The situations are relevant in imposition martial law because they might result in detrimental effects on the well-being of a nation.  Military rebellion can be ensured by developing strategies to help the public in the corporation as well as considering the needs of the military.  This is by developing a democracy and despite the strategy being impossible in the situation, it may yield understanding between the involved parties (Moore, 2013).

            Question 15

            The judged ruled that he would expand later in the day after it was established that a crucial Tanzanian witness Abebe Hussein had issued essential statements in implicating Ghailani when he was in custody. The court ruled that Ghailani should be convicted for the reason of conspiracy. However but he acquitted of all other charges due to the implications that had been made. He was sentenced to live in 2011 (Hirsch, 2012).

            Question 16

            Jones case is limited to the case evidence facts due to its nature. Based on the case facts Jones was not aware of the tracking device in his vehicle. The search was, therefore, legal and reasonable as the government had obtained a warrant. The search thus indicated that the assumption of intercepting his privacy generated crucial information. This is because they 28 days search secured indication of Jones as well as others on the conspiracy of drug trafficking charges (Hirsch, 2012).

Question 17

            The sanctions can thus be used as a tool of reducing terrorism because Iran and Cuba's area associated with the creation of nuclear which will highly be reduced. The United Nations can, therefore, utilize the sanctions a tool or penalty weapon against the two nations (Hannibal, & Mountford, 2013). This will ensure that Iran and Cuba will develop laws and strategies which are aimed at eradicating nuclear production.  The United Nations can thus promote economic growth in the two states if they cooperate in obeying the anti-terrorism material’s provision prohibition law.  This will, therefore, encourage the nations to be involved in other economic developments and curb nuclear and weapons manufacturing (Hannibal, & Mountford, 2013).

            Question 18

            The primary element that might be determined while persecuting a terrorist is the fact that they caused detrimental effects or they were conspiring to cause negative effects towards the security and safety of the public. This can thus be achieved by an investigation of the evidence or the things that were caught in the individual’s possession.  Their act must, therefore, cause major economic and social loss because their purpose of conduct was ill based (Hannibal, & Mountford, 2013).

Question 19

            One example is that in the year 2006 the congress implemented the act of insurrection as part of the defense authorization bill 2007. The W. bush argued that the congress should review the laws of federal to ensure that the armed forces held the capability of restoring public order (Hannibal, & Mountford, 2013).

            Another one is the changes that were made in 2008 in the act of insurrection of 1807 which were reverted to the prior readings of the insurrection Act. Lastly, in 2011, the president Obama signed authorization act of national defense for the year 2012 into the law (Hannibal, & Mountford, 2013).

            Question 20

            Treason is described as betraying which is conducted intentionally based on the allegations of an individual by war levying against the state government of assisting the nation’s enemies. The criminal act is punishable by death and imprisonment as it is a serious act (Hirsch, 2012).

            Material provision support for terrorists refers to the act of providing resources or materials to the terrorists when knowing or when not aware of the act.  This, therefore, involves funding terrorists with the required facilities thus aiding them against a nation (Hirsch, 2012).

 

 

            References

Cole, G. F., & Smith, C. E. (2008). Criminal justice in America. Belmont, CA:      Thomson/Wadsworth.

Gough, R., McCracken, S., & Tyrie, A. (2011). Account rendered: A compendium of        extraordinary rendition and Britain's role. London: Biteback.

Hannibal, M., & Mountford, L. (2013). Criminal litigation handbook 2013-2014.

Hirsch, B. M. F. H. (2012). Anticipative criminal investigation: Theory and counterterrorism       practice in the Netherlands and the United States. The Hague: T.M.C. Asser Press.

Moore, J. N. (2013). Foreign affairs litigation in United States courts. Boston: Martinus Nijhoff Publishers.

Schmitt, M. N., & NATO Cooperative Cyber Defence Centre of Excellence. (2013). Tallinn        manual on the international law applicable to cyber warfare: Prepared by the             international group of experts at the invitation of the NATO Cooperative Cyber Defence        Centre of Excellence.