Introduction to criminal justice
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Introduction to Criminal Justice. Chapter 15. 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

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Introduction to Criminal Justice

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Introduction to criminal justice

Introduction to Criminal Justice

Chapter 15

Combating terrorism

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’”

Combating terrorism1

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

Toward prevention of terrorism

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

Impact on civil liberties

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?

Terrorism equivalent of war time for criminal justice

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”

Patriot act impact

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.

Patriot act and surveillance

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.

Guantanamo bay issues

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.

Guantanamo bay issues1

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.

6 th amendment rights of detainees

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

Cyber crime

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)

Small groups question

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?

Cyber crime1

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

Cyber crime2

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

Cyber theft

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



  • Have you ever been the target of:

    • Identity theft?

    • Fraudulent e-mail schemes?

    • Other cyber crime?

Cyber stalking

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”

Cyber crime in business

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

Law enforcement intervention in cyber crime

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

Future trends in criminal justice

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

Border security

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

Introduction to criminal justice

  • 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?

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