Aviation Security and Legal Issues Argumentative Essay by scribbler

Aviation Security and Legal Issues
An argument that the United States should employ behavioral profiling as an effective approach to aviation security.
# 153034 | 745 words | 10 sources | APA | 2013 | US
Published on May 02, 2013 in Law (Constitution) , Hot Topics (Terror and 9/11) , Aviation, Aeronautics (General)

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The paper discusses two legal issues, the Fourth Amendment's prohibition of search and seizure and the Equal Protection Clause of the Fourteenth Constitutional Amendment, and explains how based on these concepts, the U.S. has prohibited unrestricted profiling based on race and ethnicity. The paper reveals that in Israel, security agents are trained to spot suspicious behavior and they are authorized to conduct brief interviews with any passengers at will based on their training, however, the U.S. adamantly opposes that type of approach to airport security while allowing invasive searches of all passengers based on random selection. The paper argues that this is an approach to aviation security that does not substantially increase security or safety while actually burdening all passengers with intrusive searches. The paper contends that the obvious solution is to emulate the methods used successfully for four decades in Israel by recognizing the fundamental difference between racial or ethnic profiling and behavioral profiling.

The Legal Issues
Developing a Sensible Approach to Airport Security and Screening

From the Paper:

"There are two specific constitutional concepts that directly relate to the nature of the security mechanisms used by TSA for ensuring commercial aviation security. First, the Fourth Amendment to the U.S. Constitution expressly prohibits any search of a person or of his or her home or the seizure of property without a warrant issued by a judge or magistrate on the basis of a hearing on probable cause of criminal activity (Dershowitz, 2002). There are also various "exigent" circumstances that justify exceptions to the general rule, such as where the situation involves a vehicle, in which cases probable cause but no warrant is required to conduct any search without the express consent of the driver (Dershowitz, 2002; Schmalleger, 2008). Second, the Equal Protection Clause of the Fourteenth Constitutional Amendment guarantees that all persons receive the same benefit of law and the same civil rights and privileges in the U.S. (Dershowitz, 2002; Schmalleger, 2008).
"The argument against the mandatory submission to electronic screening capable of seeing through passengers' clothes or submitting for invasive hand searches is simply that both types of screening constitute violations of the constitutional protections against unwarranted searches prohibited by the Fourth Amendment. In principle, traditional metal detectors and cursory external pat-downs in the nature of traditional "Terry searchers" conducted by police in connection with detecting hidden weapons during field interviews (but not for evidence of crimes) do not cross the line between screenings and searches."

Sample of Sources Used:

  • Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
  • Hoffman, B. "The Logic of Suicide Terrorism: Lessons from Israel that America Must Learn." The Atlantic Monthly, Vol. 291, No. 5; (2003): 40-47.
  • Johnsen, G. D. "AQAP in Yemen and the Christmas Day Terrorist Attack" Combating Terrorism Center at West Point Sentinel (January 2010). Retrieved November 23, 2010 from: http://www.ctc.usma.edu/sentinel/CTCSentinel-YemenSI-2009.pdf
  • Larsen, R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.
  • Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st Century. Pearson: Princeton, NJ.

Cite this Argumentative Essay:

APA Format

Aviation Security and Legal Issues (2013, May 02) Retrieved April 02, 2023, from https://www.academon.com/argumentative-essay/aviation-security-and-legal-issues-153034/

MLA Format

"Aviation Security and Legal Issues" 02 May 2013. Web. 02 April. 2023. <https://www.academon.com/argumentative-essay/aviation-security-and-legal-issues-153034/>