UofL Libraries: Current Issues: Jan 6

Following the breach of the U.S. Capital on January 6, 2021, many commentators began discussing legal terms such as sedition, insurrection, and terrorism in describing events that took place and the charges individuals who participated may face. The following materials provide additional information and insight on the legal aspects of these concepts.

January 6 Clearinghouse
Information assembled by the Just Security group based at the Reiss Center on Law and Security at New York University School of Law.
Two Years in the Making: The January 6 Final Report
Summary of House committee report with a link to the full document.

Criminal Prosecutions

Criminal prosecutions in the District of Columbia are complicated. Misdemeanors are prosecuted by D.C. officials but federal attorneys prosecute felonies, like the probable murder of a Capitol Police officer. However, when assistant U.S. district attorneys decide which crimes to file against alleged offenders, they can choose to charge either federal crimes (from the U.S. Code) or felonies as outlined in the D.C. Code.

Capitol Hill Siege
A central database of court records related to the events of January 6, 2021 assembled by the George Washington University Program on Extremism.
U.S. Code: Protection of officers & employees of the U.S.
The murder of a federal police officer is the subject of 18 U.S. Code § 1114 on the Protection of officers and employees of the United States.
Code of the District of Columbia
Title 22 (Criminal Offenses and Penalties) may be of particular interest.

Sedition

U.S. Code: Treason, Sedition, And Subversive Activities
18 U.S. Code, chapter 115, covers Treason, Sedition, and Subversive Activities. Provided by the Legal Information Institute (LII).
US Capitol building breach 'almost textbook' sedition, legal expert says
Detroit Free Press article examining the legal concept of sedition in the U.S.

Press and Speech under Assault by Wendell Bird
Call Number: KF9397.A3281798 B57 2016
ISBN: 0190461624
Publication Date: 2016
A review of the legal history of sedition in the U.S. from the perspective of the Supreme Court.
Freedom of Speech and Incitement Against Democracy by David Kretzmer; Francine Kershman Hazan
Call Number: JC591 .F78 2000
ISBN: 9789041113412
Publication Date: 2000
Leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how.

Insurrection

Insurrection Act of 1807
The Jan. 5, 2021 breach of the U.S. Capitol has been described by some as insurrection. The original text of the Act is available through HeinOnline. [Use Proxy access off-campus & log in with ULink credentials.]

Domestic Terrorism

Terrorism As Crime by Mark S. Hamm
Call Number: HV6431 .H364 2007
ISBN: 9780814736968
Publication Date: 2007
Car bombing, suicide bombing, abduction, smuggling, homicide, and hijacking are all profoundly criminal acts. In Terrorism as Crime Mark S. Hamm presents an understanding of terrorism from a criminological point of view.