NCJ Number
62333
Journal
Commentary Volume: 65 Issue: 5 Dated: (1978) Pages: 55-62
Date Published
1978
Length
8 pages
Annotation
ANALYSES OF THE LAWS USED TO COMBAT THE RED BRIGADES, THE IRISH REPUBLICAN ARMY, AND THE KLU KLUX KLAN INDICATE THE DIFFICULTIES IN ABRIDGING DEMOCRATIC FREEDOMS FOR THE PROTECTION OF INNOCENT PEOPLE.
Abstract
THE ITALIAN CRISIS WHICH FOLLOWED THE ALDO MORO KIDNAPPING AND THE ACCOMPANYING INCREASE IN POLICE INVESTIGATIVE POWERS ILLUSTRATE THE FUNDAMENTAL PROBLEM DEMOCRACIES FACE IN COMBATING TERRORISM. FREE NATIONS MUST CAREFULLY DECIDE WHAT LEGAL MEASURES SHOULD BE TAKEN AGAINST TERRORISTS, AND WHAT MEASURES WOULD GIVE TOO MUCH AUTHORITY TO LAW ENFORCEMENT AGENCIES. MANY TERRORIST GROUPS ATTEMPT TO PROVOKE OPPRESSIVE COUNTERMEASURES IN ORDER TO DEPRIVE THE GOVERNMENT OF POPULAR SUPPORT. THE POLITICAL DILEMMA OF BALANCING THE USE OF FORCE EXISTS PRIMARILY IN THE DEMOCRATIC NATIONS, WHILE TOTALITARIAN STATES SHOW COMPLETE WILLINGNESS TO USE RUTHLESS POLICE TACTICS. THE LEGAL MEASURES USED BY THE BRITISH GOVERNMENT IN NORTHERN IRELAND INCLUDE BROAD AUTHORITY FOR SOLDIERS ON DUTY TO ARREST AND DETAIN ANYONE SUSPECTED OF AN OFFENSE. NO WARRANT IS REQUIRED FOR THE ARREST, AND SUSPECTS MAY LAWFULLY BE TRIED WITHOUT A JURY. THE GRANT OF EMERGENCY POWERS NECESSARILY CREATES THE DANGER THAT THEY WILL BE ABUSED, AND THE BRITISH COURTS PLAY A MUCH SMALLER PART THAN COMPARABLE AMERICAN COURTS IN PROVIDING RELIEF TO VICTIMS OF ABUSE OF POWER. USE OF THE ITALIAN OR BRITISH METHODS OF COMBATING TERRORISM WOULD RAISE SERIOUS CONSTITUTIONAL QUESTIONS IN THE UNITED STATES. HOWEVER, DURING PRIOR EMERGENCIES, CONGRESS AUTHORIZED THE PRESIDENT TO USE ARMED FORCE TO CONTROL THE KLU KLUX KLAN, THE JAPANESE-AMERICANS IN WORLD WAR II, AND NAZI SABOTEURS. NEVERTHELESS, IN THE UNITED STATES, THE SUPREME COURT CAN GUARD AGAINST ABUSES OF EXECUTIVE DISCRETION. NO REFERENCES ARE PROVIDED. (TWK)