National Security Under Liberal Substantive Criminal Law – When do National Security Issues Become Criminal?

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Hallevy, Gabriel
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2012-10
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INTRODUCTION After weeks of analyzing complicated intelligence information and intensive investigations, the national security authorities discovered the name of the terrorist and his address. He is a 23-year old American college student majoring in chemistry, living alone in a modest rented apartment. According to the intelligence information, he planned to construct a simple bomb, board an airplane, and detonate the bomb en route, killing all passengers, most of them American citizens. When the authorities broke into his apartment, they found him sitting at a table with chemistry books, paper, and pencil, trying to figure out a chemical formula. He did not finish the calculation. In fact, he had barely begun. At that time he had not yet ordered any materials for the bomb, had not chosen a particular airplane or flight, or a specific date for his suicide mission. He was arrested, and during the interrogations he confessed that he had made the decision to become a suicide bomber on an American airplane. But when he was arrested there was no bomb, no materials to construct a bomb, and he confessed that he had not ordered any materials, had not chosen a particular airplane or flight, or a specific date for the attack.
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Creighton University School of Law
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