The U.S. Patriot Act: Federal Policy Vs. State Policy

Over the years, many policies have been altered or added to the policies that were or are currently in place throughout the criminal justice system. Policies have changed mostly because of what was initially in place was not working or to add to the policy to help victims of crimes. One of the most well known policies was put into action in 2001. This policy is known as the Patriot Act. The Patriot Act was introduced and started to be adhered to at the federal and state levels of the criminal justice system. Throughout both levels of government there are similarities and differences between how the Patriot Act is being followed today.

Definition of the Patriot Act

The USA Patriot Act was put into action once the United States faced a terrorist attack on September 11, 2001. The Patriot Act’s purpose is to deter terrorist acts and if any should occur than the individual(s) responsible will be punished to the fullest degree. Other stipulations that are listed in this policy is to strengthen measures used to find terrorists and to prevent individuals from using the United States as a way to gain personal growth through terroristic acts. 12 sections are listed under the Patriot Act with each explaining in depth what is allowed for the new policy (Financial Crimes Enforcement Network, n.d.).

12 Sections

The sections are numbered from 311 to 362, but there is only 12. Section 311 involves the special measures that will take place with financial institutions. Section 312 explains the measures that will be taken if there is suspicious activity involving correspondent and private banking accounts. Section 313 prohibits United States correspondent accounts with foreign accounts. Section 314 will prohibit all efforts in regards to money laundering. Section 319 states that accounts that show money laundering are to be released for review. Section 325 allows for restrictions on concentration accounts. Section 326 is allowing for verification of identification and section 351 relates to reporting suspicious activities. Section 352 states that banks need to establish anti-money laundering programs and section 356 also deals with reporting suspicious activities, as does section 359. Section 362 requires the establishment of highly secure networks between banks and the government (Financial Crimes Enforcement Network, n.d.).

Federal Level

The federal level involves many sectors including the F.B.I. The F.B.I. (Federal Bureau of Investigation) handles many concerns when there is a threat against national security. One of the biggest steps that the F.B.I. became involved in, that is in regards to the Patriot Act, is the higher security acts that are done at the airports. Before the tragedy that struck our nation on September 11, the events that took place in an airport may not have been as time consuming. The events would still include passengers to go through the security checkpoint at the airport, but the extensive searches that occur today were not happening all the time as they are now. Currently several searches are done at random. Individuals are required to take off his or her shoes to place through the scanners with all other carry on belongings. Individuals may have to go through the full body scanner as well. The full body scanner is supposed to be able to detect items that maybe on the person that the other checkpoints were not able to spot. Other searches include a body pat down or a strip search. Those searches may make some feel like he or she is being violated and there are some serious concerns in regards to the body pat downs and the full body scans that are being done on children.

The federal government has the resources and financial ability to notice potential terrorists and follow through with a full investigation on that individual or individuals. If an individual is thought to be a terrorist, than he or she may be detained. Detaining the individual may depend on what evidence the department has gathered through an investigation or through security checkpoints at an airport.

State Level

At the state level of law enforcement there will still be the same requirements at almost all airports because the policy is enacted through the federal government. If law enforcement at the state level believes that an individual or individuals is participating in terroristic acts, then the officer(s) are required to report the information. All levels of law enforcement are able to access the Bank Secrecy Act data. This data allows for all levels to identity or investigate crimes that involve terrorism financing and money laundering. Having a secure network to communicate this information is part of the Patriot Act policy and it allows for law enforcement to get information in real time to catch terrorists sooner. The Bank Secrecy Act also provides trends and patterns to law enforcement throughout all three levels (Financial Crimes Enforcement Network, n.d.).

Similarities and Differences

The similarities and differences between how the policy is enforced at the federal level and the state level is by power. The state level of law enforcement has jurisdiction on incidents that take place throughout the state and the federal government may have jurisdiction over the entire nation. The different levels of power help to keep the balance of all three. Federal law enforcement agencies can also investigate foreign terrorist or terrorist acts.

Conclusion

Many policies have been enacted for positive reasons. The Patriot Act is one of those policies. The Patriot Act was put into action because of the devastation that occurred on September 11, 2001. The Patriot Act policy enables law enforcement on all three levels to use many tools that will enable them to investigate individuals who have committed terroristic acts or those individuals who are suspected of participated in terroristic activities.


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