Definition and Interpretation of the Criminal Law (Essay Sample)

Criminology
By (Name)
Institution’s Name
Date Submitted
QUESTION 1.
British prime minister, Margaret Thatcher, declared that “Publicity is the oxygen of terrorism” while attending American Bar Association Meeting in 1985. The meeting happened after the Shi’ite Muslim group’s TWA hijacking in Beirut. The hostage crisis was aired live on CNN and the world over. Thatcher ascertained the ABA assemblage that media offered the terrorists with publicity. A good look at Thatcher’s statement can be lead to different interpretations, however, the meaning of her statement has been discussed below.
While terrorists’ motives differ, terrorist groups want messages of their acts of terrorism to reach people. The media offers terrorist groups with the platform to relay their acts of terrorism to public. The government, especially in Britain has limited control over output of the media, however, terrorists’ organizations value publicity. Former British Prime Minister Margaret Thatcher (1985) boldly iterated that, “Publicity is the oxygen of terrorism.” This statement has since then continued to gain much support by government to date.
The media has tangible profit driven agenda. Therefore, the statement by the British Prime Minister implies it is easy for information concerning terrorism to feature in the media since it attracts public attention CITATION Bri07 \l 1033 (Nacos, 2007). Publicity through the media is widespread. Moreover, according to Slone (2000), irrespective of religion or gender, the political violence and their images incite fear and anxiety in television viewers. Since all acts of terrorism are violent, their images may considerably incite fear on television CITATION Slo00 \l 1033 (Slone, 2000).
Media outlets, particularly, in a free market are in competition for viewership, thus, strive to deliver news pieces as fast as they break. Nacos (2007) asserts that this competition in media culminates reporting on terror groups. The news on terrorism may attract powerful positions for the media outlets. The media gains revenues from the viewership of the violence resulting from acts of terrorism. Therefore, Margaret Thatcher’s opinion that “publicity is the oxygen of terrorism” implies that terrorists use mass media outlets to deliver their message, instilling fear in the public CITATION Wof15 \l 1033 (Stephen, 2015).
According to Preston (2004), when police and politicians openly talk about the issues of terrorism in public, they are providing oxygen to the terrorism since the terrorist desire publicity CITATION Pre04 \l 1033 (Preston, 2004). Much of the references that Preston (2004) make is linked to George Bush’s campaign statement that “John Kerry is weak on defense.” This statement in conjunction with images of World Trade Centre building being bombed offered publicity to the al Qaeda, a terrorists’ organization. Terrorists desire to catch the attention of masses through the power motive, or impact on the public. Terrorists feel that their power motive can only be expressed through publicity, and when this is achieved, have control over the anxiety and fears of the public.
QUESTION 2
I will stop the vehicle and interrogate the suspect and ensure that the suspect cannot escape during the interview. First thing I would do is to develop an interview strategy as fast as possible after ending the call. Obtaining a confession from the suspect would not be the primary goal of the doing the interview but I will conduct the interview chiefly to elicit information concerning detonation of the bomb. Also, I would be no-judgmental and non-accusatory in my statements. Making the questions before starting the interview will ensure that I do prepare all the required questions to help me obtain information concerning the bomb from the suspect. The questions will as well be unique according to the situation under investigation and the suspect.
In the introduction, I will establish non-accusatory tone and as the suspect why he wants to destroy the world using the bomb. The non-judgmental tone will also facilitate the suspect to feel free. Some of the preliminary questions I will ask the suspect are; Do you know for sure the information concerning the bomb-materials? Using such questions will enable the suspect to feel relaxed and unthreatened. However, if the technique fails, I will resort to Direct Accusation.
The process will be the right tool to make the suspect be aware of the kinds of consequences of the crimes he is about to commit. I will identify if the suspect has once been involved in the similar crime of possessing weapons of mass destruction. Secondly, I will state clearly the particular incidents under investigation, after which, I will pause, listen to the response of the suspect and repeat the accusation while stopping the probable denial by the suspect. Finally, I will ensure that I sue the transition statement that will shift the discussion to the rationalization of the suspects possession of the bomb. On the contrary, the interrogation may cease if the suspect of the bomb invokes his Marinda rights CITATION DVe98 \l 1033 (Vessel, 1998).
I will clarify to the suspect that he has no power to kill people using the bomb since he will be violating the right to life and security. The fundamental rights should never be violated at all cost. I will also ask the suspect what he wants to stop the ticking bomb. The answer can firm bargaining agreement. I will make a call without the vicinity of the suspect to bomb squad to provide to send the specialist to the scene as fasts as possible if the suspect totally refuses to provide the information concerning the materials of the bomb CITATION RSh98 \l 1033 (Shuy, 1998).
QUESTION 3
In my opinion, torture is the process of infliction of pain in a person to obtain information. However, according to United Nations Torture Convention (1984), torture is the process that public official uses through intentional pain infliction in an attempt of obtaining information. The full definition of torture according to the convention excludes suffering or pain connected to the lawful sanctions that may permit death penalty. Under English law (Court Act 2001) torture is an offence except for pain and sufferings arising from lawful sanctions. Therefore, it seems that torture is under the inter-governmental and courts bodies jurisdiction and the interpretation may vary from time to time since Amnesty international uses a wider definition of torture that claims that the comprehending what encompasses torture is rigid all the time CITATION Fri03 \l 1033 (Fritz, 2003).
The right to security and right to life are important aspects that are considered when addressing the issue of counterterrorist strategy. The two rights are fundamental human rights that state must protect. The protection of human lives from terrorist threats in conjunction with the counterterrorist strategy that follow from it, should be in accordance with human rights standards to be morally permissible. Torture as a counterterrorist strategy may not be a morally permissible. According to Shue (1978), torture of terrorist is violence against a victim who is defenseless. On the contrary, the terrorist does not pose a direct threat CITATION Hen78 \l 1033 (Henry, 1978).
The nature of terrorism has expanded to date. Today, terrorism has changed to “terrorist-inspired” attacks. For example, 9/11 attack was an example of terrorist-directed attack. Recent attacks have involved terrorist-inspired onslaught. The nature of terrorism expands the alternatives of what is ethically and morally acceptable for interrogation CITATION Ale06 \l 1033 (Alex, 2006).
The act of terrorism is performed based on convictions of the terrorists’ organizations. Therefore, terrorism is deep rooted in the mind of the terrorists. The choice interrogation technique should rely on the psychological aspects of human beings that can be used to obtain information from the terrorists. Cognitive interview is preferably much more appropriate than torture. Radicalization as the new way of recruiting the terrorist has led to the terrorist-inspired attacks. Therefore, means of interrogation should not seek to inflict pain to suspect but seek to obtain the answers to the questions why radicalization is a reality CITATION Car05 \l 1033 (Carl, 2005).
QUESTION 4
The PATRIOT Act was enacted by the President Bush in 2001. Its provisions involve the surveillance and grants the government the power to obtain massive information from the public without getting the go-ahead from the citizens. The government through the FBI can overturn any tangible thing in an office to obtain the business records from the from banks, medical offices and businesses without their consent in attempt to protect the national security against terrorism. This is provided in Section 215 of the PATRIOT Act and may be overreaching since the government has not interpreted it. The provision allows the FBI to access to private dat...