Criminology and Criminal Justice Commons^™

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah Minnick

Senior Honors Theses

The purpose of this thesis is to analyze suicide terrorism and to examine the logic behind it. The thesis will examine recent Islamic suicide terrorism and why it is so successful. This paper will also attempt to define suicide terrorism and explain how it functions.

The first half of this thesis reviews a short history of suicide terrorism to show the logic behind it. It will begin with the Old Testament and continue throughout history until the September 11, 2001 attacks on the World Trade Center in New York City. This thesis will discuss the motivation for terrorist organizations to …

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …

Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …

“Bin Laden’S Brain”: The Abrasively Negativistic Personality Of Dr. Ayman Al-Zawahiri, Aubrey Immelman, Kathryn Kuhlmann

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Ayman al-Zawahiri, deputy leader of the al-Qaida terrorist network at the time of the September 11, 2001 terrorist attack on the United States and allegedly chief strategist for al-Qaida operations and personal physician to Osama bin Laden.

Al-Zawahiri’s primary personality patterns were found to be Contentious/oppositional and Dominant/controlling, with secondary features of the Dauntless/dissenting and Ambitious/self-serving patterns.

The amalgam of Contentious (negativistic, or passive-aggressive) and Dominant (aggressive, or sadistic) patterns in al-Zawahiri’s profile suggests the presence of the “abrasive negativist” syndrome. For these personalities, minor frictions easily …

The Personality Profile Of September 11 Hijack Ringleader Mohamed Atta, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of a posthumous, indirect assessment of the personality of Mohamed Atta, apparent ringleader in the September 11, 2001 terror attack on the World Trade Center and the Pentagon, from the conceptual perspective of Theodore Millon.

Information concerning Mohamed Atta was collected from media reports in the one-month period following the attack and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the …

The Personality Profile Of Al-Qaida Leader Osama Bin Laden, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Osama bin Laden, founder and leader of the al-Qaida terrorist network responsible for the September 11, 2001 terrorist attack on the United States.

Bin Laden’s primary personality patterns were found to be Ambitious/exploitative and Dauntless/dissenting, with a secondary Distrusting/suspicious orientation, and subsidiary Dominant/controlling and Conscientious/dutiful features.

Ambitious individuals are bold, competitive, and self-assured; they easily assume leadership roles, expect others to recognize their special qualities, and often act as though entitled. Dauntless individuals are bold, courageous, and tough; minimally constrained by the norms of society; routinely engage …