Patriot Act

The written response, to the 9/11 attacks, was presented by the United States Government in the form of the USA Patriot Act, or Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ( USA Patriot Act Sec. 215, 2006). Since being established, October 24, 2001, the USA Patriot Act has brought a bitter-sweet controversy into the hearts of Americans.  Such controversy is rooted in the ever popular debate between individual rights versus public order.  While National security is the primary purpose of the Justice Department, individual rights remain the foundation of American freedom.

Advantages

After the catastrophic events of the 9/11 terrorist attacks, no doubt remained in the minds of the American people that swift action must precede.  With little, to no, hesitation Congress passed the USA Patriot Act; and dually recognized the need for stronger laws to apprehend and prosecute terrorist.  The first, and most noticeable, advantage of the Act is the filling of the gap in federal law enforcement agencies.  The Act provided and mandated a line of communication between the FBI and CIA, to share intelligence previously separated between agencies (Ashcroft, 2005).  “The walls between those who gather intelligence and those who enforce the laws prevented action that could save lives (Ashcroft, 2005).”  The second advantage of the Act would further fill the gaps between law enforcement, by collaborating efforts among federal, state, and local law enforcement; thus forming a Joint Terrorism Task Forces in an effort to streamline efforts  (Ashcroft, 2005).  The third advantage is the strengthening and clarification of law designed to aid prosecution and investigation of suspected terrorists.  For example, wire taps orders could now be obtained to follow the suspect, as opposed to previous law which required a new order for every phone used by the individual in question (Ashcroft, 2005).  Additionally the Act clarifies what is considered material support, concerning funding given to terrorist groups and organizations.  Prior to 9/11 laws pertaining to terrorist funding were vague and limited, giving law enforcement limited legal means to enforce and investigate terrorist activity  (Ashcroft, 2005).  Such changes have proven successful “Between September 11, 2001 and May 5, 2004, the Department charged over 50 defendants with material support offenses in 17 different judicial districts (Ashcroft, 2005).” 

Disadvantages

The disadvantages of the USA Patriot Act may simply be due to misconception and sensitivity of semantics.  One disadvantage is the fear or threat that our basic foundation of freedom and constitutional rights are on the verge, if not already, of violation.  Individuals have become paranoid, so to speak, that the United States Government has set up a type of surveillance of the public at large (Gerdes, 2005).  The second disadvantage is the division among the American people in reference to the conflict of individual rights and public order.  The third disadvantage is financial, due to the overload on corrections based agencies and employees. According to the National League of Cities (NLC), “Municipal government budgets across the nation are strained and these added duties constitute unfunded mandates on cities’ police departments, libraries, universities, etc. that cities cannot financially absorb…. (Gerdes, 2005).”