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Antiterrorism and Effective Death Penalty Act of 1996

The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, (also known as AEDPA) is an Act of Congress signed into law on April 24, 1996. The bill was introduced by then-Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the Oklahoma City bombing, and signed into law by President Bill Clinton.

History

The bill was introduced by then-Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the Oklahoma City bombing, and signed into law by President Bill Clinton.

Soon after it was enacted, AEDPA endured a critical test in the Supreme Court. The basis of the challenge was that the provisions limiting the ability of persons to file successive habeas petitions violated Article I, Section 9, Clause 2 of the US Constitution, the Suspension Clause. The Supreme Court held unanimously in Felker v. Turpin, 518 U.S. 651 (1997), that these limitations did not unconstitutionally suspend the writ.

In 2005, the Ninth Circuit indicated that it was willing to consider a challenge to the constitutionality of AEDPA on separation of powers grounds under City of Boerne v. Flores and Marbury v. Madison, but has since decided that the issue was foreclosed by circuit precedent.

Summary

Title I - Habeas Corpus Reform

AEDPA heavily reformed habeas corpus in the United States, narrowing the circumstances under which a federal or state prisoner may appeal a federal or state district court's denial of petition for habeas relief. A one year deadline for state prisoners to file a federal habeas petition was established, and a one year statute of limitations was imposed. Repetitious habeas petitions were prohibited, and federal courts were permitted to dismiss petitions and bar habeas relief on a claim already passed by a state court unless the decision was illegal or disregarded presented evidence.

The confidential nature of the habeas request and the approval of certain services available to poor death row inmates were eliminated. State prisoners were required to use every possible opportunity for state remedial action before federal habeas relief could be granted. Thus, federal habeas procedures were streamlined for death row inmates who could not afford their own legal representation.

Title II - Justice For Victims

Title II has three subsections: Mandatory Victim Restitution, Jurisdiction for Lawsuits Against Terrorist States, and Assistance to Victims of Terrorism.

Federal courts were authorized to order restitution for violent felonies against property including fraud, tampering with consumer products, or controlled substances offenses which involved physical injury or property loss. A single procedure for issuing these restitution orders was established, as was a set of procedures for payment and enforcement of restitution. Any special assessments that had been imposed as part of sentencing for felony convictions were increased.

Foreign governments which engage in torture, murder, aircraft sabotage, hostage taking, or providing material support for terrorist acts may be sued as the result of subsequent injury or death of American citizens. A ten year statute of limitations was established for such law suits.

Grants were provided to states to compensate and assist victims of terrorism. American residents who became victims of terrorism overseas were made eligible for compensation. Payment to a person who owed money for conviction in a federal crime was prohibited. Any criminal trial held more than 350 miles from where the events which are the subject of the trial occurred must be covered by closed circuit television.

Title III - International Terrorism Prohibitions

Title III established a procedure for defining foreign terrorist organizations as foreign organizations that engage in terrorist activities that threaten the national defense, foreign relations, or economic interests.

Furthermore, providing support to a terrorist organization except to provide medicine and religious materials was prohibited, as was providing any assistance to a country deemed a terrorist country.

Title IV - Terrorist and Criminal Alien Removal and Exclusion

Title IV has four subsections: Removal of Alien Terrorists, Exclusion of Members and Representatives of Terrorist Organizations, Modification to Asylum Procedures, and Criminal Alien Procedural Improvements.

A procedure was established for the removal of alien terrorists, and it was made a crime for those expelled as terrorists to reenter the country without the permission of the Attorney General.

Aliens may be denied entry to the United States on the grounds of being members of terrorist organizations. A procedure was established for those aliens who had been deported for unlawful entry to show that they had been lawfully admitted.

The Attorney General may not grant asylum to any alien terrorists unless there is no reason to consider the alien a threat to national security. A procedure was created for immigration officers to determine at the alien's point of entry whether or not to grant the alien asylum.

Certain confidential information concerning alien legalization may be disclosed if the information relates to an alien who has been killed, severely incapacitated, or is the subject of a criminal investigation. Certain immigration offenses were added to the list of Racketeer Influenced and Corrupt Organization provisions. Law enforcement officials were allowed to use court-ordered wiretapping to investigate various immigration offences. State and local law enforcement officers are authorized to arrest and detain aliens unlawfully reentering the United States.

Title V - Nuclear, Biological, and Chemical Weapons Restrictions

The Attorney General and Secretary of Defense have six months to report to Congress the extent of the theft of terrorist-useful materials. The jurisdictional conditions under which the United States may prosecute to include instances where the federal government is the target of threats based on crimes involving nuclear materials were expanded.

It is a federal crime to threaten to use a weapon of mass destruction. The definition of biological weapons was expanded to include infectious substances, certain toxic materials, and recombinant molecules. The Secretary of Health and Human Services must identify biological agents that pose a potential threat to public health and safety and govern their transfer.

It is a federal crime to unlawfully use chemical weapons within the United States, against federal property, or against an American overseas.

Title VI - Implementation of Plastic Explosives Convention

The manufacture, import/export, or possession of plastic explosives that do not contain a detection agent is condemned, except for pre-existing explosives manufactured or imported for federal military or law enforcement agencies or a state national guard within the last fifteen years, pre-existing explosives made or imported for non-military or law enforcement agencies within the last three years, or for civilians reporting pre-existing explosives within the last 120 days.

Title VII - Criminal Law Modifications to Counter Terrorism

An alternate provision was established under which conspiracy to violate various arson and explosives laws may be prosecuted. Acts of terrorism involving more than one country are outlawed. Prohibition against destruction of property within the United States was expanded.

The overseas applicability of various existing federal criminal laws was modified. The penalties for various terrorist conspiracies were increased. It is a crime to threaten the use of mass destruction. Killing or attempting to kill a federal employee or member of the armed services is a federal crime.

Title VIII - Assistance to Law Enforcement

The deterrent impact of existing sentencing guidelines was to be studied and reported on. A Commission on the Advancement of Federal Law Enforcement was created to study the effectiveness, coordination, and accountability of federal law enforcement agencies.

$1 billion was provided to enhance law enforcement ability to deter, investigate, and prosecute terrorism.

Title IX - Miscellaneous

U.S. maritime territory was expanded to 12 miles past the coast.

A voter registration card may not be used as proof of citizenship.

Fees paid to represent indigent defendants are a matter of public record.

Any provision of this act found to be unconstitutional may be severed.

Reception

While those in favor of the bill say that the act prevents those convicted of crimes from "thwart[ing] justice and avoid[ing] just punishment by filing frivolous appeals for years on end,", critics argue that the inability to make multiple appeals increases the risk of an innocent person being killed.

See also

• Troy Anthony Davis
• Rice v. Collins
• Jimenez v. Quarterman

External links

• Text of the Act, also in PDF
• Timeline of Passage
• Antiterrorism and Effective Death Penalty Act of 1996: A Summary, Charles Doyle, American Law Division, Federation of American Scientists, June 3, 1996.

Online Article Sources

• http://www.fas.org/irp/crs/96-499.htm
• http://www.answers.com/topic/antiterrorism-and-effective-death-penalty-act-of-1996
• http://www.govtrack.us/congress/bill.xpd?bill=s104-735
• http://www.counterpunch.org/cassel1019.html
• http://www.youtube.com/watch?v=fOfD4qnG8fg
• Roper v. Weaver
• http://www.scotusblog.com/2005/05/is-aedpa-unconstitutional/
• http://www.enotes.com/major-acts-congress/antiterrorism-effective-death-penalty-act