Difference between a traditional criminal act and terrorism

On New Year’s at approximately 3:15 a.m. CST, a devastating attack occurred in New Orleans, Louisiana, when a man intentionally drove a pickup truck into a large crowd of revelers on Bourbon Street and Canal Street in the French Quarter14. This tragic incident resulted in at least 10 fatalities and injured about 30 others.

The driver, identified as Shamsud-Din Jabbar by the FBI, deliberately accelerated the truck into the gathering, causing widespread chaos and destruction. After crashing the vehicle, the suspect exited and opened fire, injuring two police officers in the process. Eyewitnesses reported that the driver was wearing body armor and carrying an assault rifle.

Could this insidious crime indeed be an act of terrorism? The evidence points in that direction, as the FBI is currently investigating the attack under the premise of terrorism. While both crime and terrorism involve unlawful acts, there are several key differences between the two:

Definition and Motivation

Crime is generally defined as an unlawful act punishable by a state or other authority. The motivation for crime is often personal gain, such as financial benefit or other self-serving purposes. Terrorism, on the other hand, is typically characterized by the use of violence or threat of violence for political, religious, or ideological purposes. The primary goal of terrorism is to create fear and intimidation in a population or to coerce a government or organization to act in a certain way.

Scope and Impact

Crimes can vary widely in their scope and impact, ranging from minor offenses to serious violent acts. They often target individuals or specific entities. Terrorism, by contrast, is designed to have a broader impact beyond the immediate victims. It aims to affect a larger spectrum of society and often targets civilians or symbolic locations to maximize its psychological effect.

Legal Classification

While all terrorist acts are crimes, not all crimes are considered terrorism. Terrorism is often treated as a specific category of crime with its own legal frameworks and definitions. Many countries have specific anti-terrorism laws and agencies dedicated to combating terrorist activities.

In the United States, terrorism is unequivocally defined by law as activities involving violent acts that endanger human life and breach federal or state criminal laws. These acts are clearly intended to intimidate or coerce civilians, influence government policy, or affect government conduct. Importantly, for domestic terrorism, these actions occur predominantly within U.S. territorial jurisdiction.

Perpetrators and Organization

Criminals may act alone or in organized groups, but their primary focus is usually on the criminal act itself and its immediate benefits. But, terrorist acts are often carried out by organized groups with a clear ideology and long-term objectives. These groups may have complex structures, international networks, and sophisticated planning capabilities.

Public Perception and Media Coverage

While serious crimes can garner significant media attention, terrorist acts are specifically designed to attract widespread publicity and create a climate of fear. As a result, the media coverage and public reaction to terrorism are often more intense and prolonged compared to other types of crime.

Response and Countermeasures

Law enforcement agencies typically handle most criminal activities. In contrast, counterterrorism efforts often involve a broader range of government agencies, including intelligence services, military forces, and international cooperation.

This distinction has significant implications for how these acts are perceived, prosecuted, and combated by authorities and society at large.

Penalties

Penalties for offenses related to terrorism are typically significantly more severe than those for comparable non-terrorism crimes. When acts are classified as terrorism, the associated penalties can substantially elevate the sentences for such offenses. This classification automatically positions the defendant in the highest criminal history category, potentially resulting in an increase in sentencing from months to decades for identical underlying conduct.

Specific acts considered terrorism can be but aren’t limited to:

Mass killings or attempts to cause mass casualties
Kidnapping or hostage-taking
Destruction of property or critical infrastructure
Cyberattacks intended to cause harm or disruption
Use – or planned use – of chemical, biological, radiological, or nuclear weapons