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Domestic Security Enhancement Act Of 2003
The Domestic Security Enhancement Act of 2003 was draft legislation written by United States Department of Justice during the George W. Bush administration, under the tenure of United States Attorney General John Ashcroft. The Center for Public Integrity obtained a copy of the draft marked "confidential" on February 7, 2003, and posted it on its Web site along with commentary. It was sometimes called Patriot II, after the USA PATRIOT Act, which was enacted in 2001. It was never introduced to the United States Congress. The draft version of the bill would have expanded the powers of the United States federal government while simultaneously curtailing judicial review of these powers. Members of the United States Congress said that they had not seen the drafts, though the documents obtained by the CPI indicated that Speaker of the United States House of Representatives Dennis Hastert and Vice President Dick Cheney had received copies. Provisions of the draft version included: *Remov ...
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United States Department Of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn in on March 11, 2021. The modern incarnation of the Justice Department was formed in 1870 during the Ulysses S. Grant presidency. The department comprises federal law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Prisons. It also has eight major divisions of lawyers who re ...
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DNA Database
A DNA database or DNA databank is a database of DNA profiles which can be used in the analysis of genetic diseases, genetic fingerprinting for criminology, or genetic genealogy. DNA databases may be public or private, the largest ones being national DNA databases. DNA databases are often employed in forensic investigations. When a match is made from a national DNA database to link a crime scene to a person whose DNA profile is stored on a database, that link is often referred to as a ''cold hit''. A cold hit is of particular value in linking a specific person to a crime scene, but is of less evidential value than a DNA match made without the use of a DNA database. Research shows that DNA databases of criminal offenders reduce crime rates. Types Forensic A forensic database is a centralized DNA database for storing DNA profiles of individuals that enables searching and comparing of DNA samples collected from a crime scene against stored profiles. The most important function of ...
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Deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law. Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing, and other reasons. A person who has been deported or is under sentence of deportation is called a ''deportee''. Definition Definitions of deportation apply equally to nationals and foreigners. Nonetheless, in the common usage the expulsion of foreign nationals is usually called deportation, whereas the expulsion of nationals is called extradition, banishment, exile, or penal transportation. For example, in the United States: "Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are different ...
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Naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. The mas ...
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Providing Material Support For Terrorism
In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code, section2339Aan2339B It applies primarily to groups designated as terrorists by the State Department. The four types of support described are "training," "expert advice or assistance," "service," and "personnel." In June 2010, the United States Supreme Court upheld the law in an as-applied challenge in the case '' Holder v. Humanitarian Law Project'', but also left open the door for other as-applied challenges. The defendants in the case had sought to help the Kurdistan Workers' Party in Turkey and the Liberation Tigers of Tamil Eelam learn means of peacefully resolving conflicts. Criticism The material support provisions have been criticized by rights groups as violating the First Amendment, as they criminalize activities like the distribution of literature, engaging in political advocacy, participating in peace confere ...
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United States Nationality Law
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is a right, not a privilege. While the domestic documents often use citizenship and nationality interchangeably, nationality refers to the legal means in which a person obtains a national identity and formal membership in a nation and citizenship refers to the relationship held by nationals who are also citizens. Individuals born in any of the 50 U.S. states, the District of Columbia or almost any inhabited territory are natural-born United States citizens. The sole exception is American Samoa, where individuals are typically non-citizen U.S. nationals at birth. Foreign nationals living in any state or qualified territory may naturalize after becoming permanent residents and meeting a residence requirement (normally ...
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United States Environmental Protection Agency
The Environmental Protection Agency (EPA) is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its administrator, who is appointed by the president and approved by the Senate. The current administrator is Michael S. Regan. The EPA is not a Cabinet department, but the administrator is normally given cabinet rank. The EPA has its headquarters in Washington, D.C., regional offices for each of the agency's ten regions and 27 laboratories. The agency conducts environmental assessment, research, and education. It has the responsibility of maintaining and enforcing national standards under a variety of environmental laws, in consultation with sta ...
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Capital Punishment In The United States
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. Capital punishment is, in practice, only applied for aggravated murder. Although it is a legal penalty in 27 states, only 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. However, the unique nature of capital punishment being removed and reinstated into law throughout American history at different points in time is related to and aligns with the United States' racial history and its enslavement then prejudice towards Black Americans''.'' Along with Japan, South Korea, Taiwan, and ...
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Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to court ...
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Encryption
In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can decipher a ciphertext back to plaintext and access the original information. Encryption does not itself prevent interference but denies the intelligible content to a would-be interceptor. For technical reasons, an encryption scheme usually uses a pseudo-random encryption key generated by an algorithm. It is possible to decrypt the message without possessing the key but, for a well-designed encryption scheme, considerable computational resources and skills are required. An authorized recipient can easily decrypt the message with the key provided by the originator to recipients but not to unauthorized users. Historically, various forms of encryption have been used to aid in cryptography. Early encryption techniques were often used in mil ...
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