Managing Terrorism's Consequences: Legal Issues

• NCJ Number: 206145
• Author(s): Barry Kellman
• Date Published: 2004
• Length: 195 pages
• Grant Number(s): MIPT 106-113-2000-C-01
• Sponsoring Agency: Oklahoma City National Memorial Institute for the Prevention of Terrorism (MIPT); US Dept of Homeland Security
• Sale Source: Oklahoma City National Memorial Institute for the Prevention of Terrorism (MIPT)
• Publication Format: Document
• Publication Type: Reference Material
• Language: English
• Country: United States of America

Annotation

This document examines the United State’s Federal and legal system, and how it has been used in other types of catastrophic crises in order to provide a framework from which the Nation can respond to terrorist attacks.

Abstract

The risk of catastrophic terrorist attacks presents a new set of problems for the Nation, problems with which officials may not be prepared to cope. The National Commission on Terrorism recognized the need for a legal guide on the implementation of existing legal authority to effectively respond to catastrophic terrorist threats or attacks. This monograph is thus presented on the legal issues of consequence management. A brief overview is presented of emergency planning and 10 aspects of emergency response to catastrophic terrorism are identified and described. Chapter 1 reviews the laws that have been established for dealing with disasters, emergencies, and acts of war and offers a description of the President’s inherent authority for dealing with unanticipated crises. The discussion focuses on the President’s authority under the Stafford Act, the Federal Response Plan, as well as related laws and plans. Chapter 2 explores the President’s authority under the Insurrection Statutes to invoke martial law, as well as the authority of the National Guard. The Posse Comitatus Act is reviewed, which established the role of the military in domestic activities. This chapter also reviews statutory grants and restrictions on special powers during times of extraordinary emergencies. State and local emergency powers are described in chapter 3, as well as the primary legal rules concerning the use of those authorities to cope with a terrorism event. Chapter 4 explores the legal liability of emergency responders; tort liability and liability under Section 1983 for Rights Violations are considered. Case law that establishes principles of reasonableness regarding emergency responders is presented. Chapter 5 presents relevant statutory and case law that illustrates the limits placed on government actions in times of crises. A statutory framework relevant to the public health sector is set forth, as are principles of liability. Tables, annex, bibliography