Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 15

2. Combating Terrorism • Focus on stopping illegal acts before they occur– not after the commission of crime • Cannot afford to allow the catastrophic acts of terrorism to occur– too high a price • Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)– makes it a federal crime to “provide material support or resources to any group the U. S. has designated a ‘terrorist organization’”

3. Combating Terrorism • Have adopted a “criminal justice model” approach to dealing with terrorist acts, similar to other crimes • But, terrorism may not be amenable to the usual threats of punishment and deterrence, as they are often willing to commit suicide to carry out their crime • Punishment almost seems irrelevant in comparison with devastation caused

4. Toward Prevention of Terrorism • FBI focus now firmly on terrorism since 9/11 • Increased from 535 to 3,000 agents • Has become partially an intelligence agency– primarily interested in gathering information on potential criminals to prevent those crimes • Work on crimes “in the planning stages” • A police agency usually solves crimes which have already been committed

5. Impact on Civil Liberties • Crime control model of addressing terrorism: • Quick and efficient • Nearly a “presumption of guilt” • Monitoring of calls, internet, searches of persons and property at airports • Question: How many of these rights are we willing to surrender?

6. Terrorism– Equivalent of War Time for Criminal Justice? • Criminal justice system designed to err on side of defendant– Do not convict innocent person • Some rules do not apply in war • Our freedoms (speech, association, movement) make it much easier for terrorists to operation in U. S. • PATRIOT Act– strengthened law enforcement with additional tools to fight terrorism • Certain terrorist suspects labeled “enemy combatants”

7. PATRIOT Act Impact • Easier for law enforcement to conduct searches and monitor communications. • FBI can now obtain warrants for searches for “terrorism investigations,” “chemical weapons” or “computer abuse and fraud” as long as they have a “significant purpose”. • Probable cause that a crime had occurred or was about to take place was no longer required. • Changes in 4th amendment requirements.

8. PATRIOT Act and Surveillance • “Roving” surveillance authority in act for terrorist suspects– Can continue to monitor even if suspect goes into another jurisdiction (judicial district). • Person whose home has been searched and voice mails or computer records seized may not be informed of search until much later. • Some believe police may wrongly use the act to gather non-terrorist information about criminal activity.

9. Guantanamo Bay Issues • Detainees there were seized during military campaign, are non-citizens– 5th amendment rights do not apply. • Some believe they should be considered POW’s and guaranteed a timely trial, or release . • “Unlawful combatants” may be held until end of war, according to government.

10. Guantanamo Bay Issues • Supreme Court has provided the detainees with a few more rights in past 3 years: • Can file Federal Habeus Corpus petitions. • Can dispute status as “enemy combatants” in U. S. civil court. • But, those identified as al Qaeda combatants can be held indefinitely.

11. 6thAmendment Rights of Detainees • Attorney-client privilege can be monitored if “reasonable suspicion” communication would be used to facilitate terrorist activities (No “probable cause” of a crime is necessary) • Presidential order– suspected terrorists tied in military tribunals, not civilian courts • Any evidence is admissible which would help decide the issue • Only 2/3 of panel must agree for person to be convicted • Divisive issue

12. Cyber Crime • Information regarding energy infrastructure, water systems, uranium storage, and nuclear facilities may be available via the internet– targets for terrorism • Also, has facilitated the transmittal of pornography, solicitation of minors • Most illegal activity on internet is done for economic gain (computer crime)

13. Small Groups--Question • Do you believe we will have another terrorism attack the scale of 9/11? • Why or why not? • If we are likely to have one, what type of attack do you believe it will be?

14. Cyber Crime • Fraud, embezzlement, theft of intellectual property • Difficult to assess the level of activity– Clearly is increasing • Most cyber crime is merely a new method of committing older crimes • Traditional laws safeguarded physical space and physical property

15. Cyber Crime • Fraud: a knowing misrepresentation made to deceive another and which a reasonable person would and does rely on to their detriment • Cyber Fraud: fraud committed over the internet • Technology has led to creative ways to commit crimes

16. Cyber Theft • Includes Identity Theft– where a criminal steals an identification (often social security number) document, and uses information to access victim’s financial resources • 8.9 million cases in U. S. in 2005 • “Phishing”– “fish” for your financial data and password posing as legitimate business • Then uses data to masquerade as victim and take money from accounts • E-mail has become favorite vehicle of theft

17. Question??? • Have you ever been the target of: • Identity theft? • Fraudulent e-mail schemes? • Other cyber crime?

18. Cyber Stalking • Perpetrators use internet chat rooms, user groups and e-mail to locate and communicate with victims • 45 states now make this illegal • “To harass or follow a person which puts them in reasonable fear for their safety or that of their family”

19. Cyber Crime in Business • Companies can reach larger number of customers, but they are left vulnerable to various types of cyber crime • Hacker: someone who uses one computer to break into another • Worm: software program capable of reproducing itself as it spreads from one computer to another • Virus: program which reproduces itself but must be attached to an “infected” host file to travel from one network to another

20. Law Enforcement Intervention in Cyber Crime • 6 states have banned internet gambling • Jurisdiction question– Where the crime is committed? State where the offender lives? Where transmission is received? • FBI has taken lead in fighting cyber crime, but other larger police departments have become involved as well– 3rd highest priority • Need to protect critical infrastructure– airlines, communications, power grids, water, finance

21. Future Trends in Criminal Justice • Technology will provide new opportunities for crime • Expanded use of DNA evidence • Community alternatives to prison will be emphasized • Juvenile offenders will be treated more like adults • Immigration laws used to fight drug trafficking, gangs, terrorism

22. Border Security • 11-12 million aliens live in U. S. • Mexicans without proper documentation are ordered deported without a hearing • Those from other countries (“OTM’s”) are generally eligible for immigration hearing • Nearly 90% of OTM cases fail to appear for the hearing • Border Patrol now may match fingerprints of those detained for immigration violations with known samples • OTM’s can now be deported within 100 miles of Mexico without a hearing

23. What is the best strategy for dealing with the illegal immigration problem (e.g., fence, more patrol, less amnesty, more amnesty, tougher laws, more lenient laws) and why?