Homeland Security and the Future of Criminal Justice

An Introduction to TerrorismDefining Homeland Security: A concerted national effort to prevent terrorist

attacks within the United States, reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do occur.

An Introduction to TerrorismDefining Terrorism: The unlawful use of force against persons or

property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

An Introduction to Terrorism

Terrorists have evolved into non-state actors.

Today the dominant strain of terrorism mixes strong political goals with very strong religious affiliations. (But it really is all about hatred.)

An Introduction to TerrorismUnderstanding terrorism: Osama bin Laden Al Qaeda (The “Base”) Global Jihad =

The struggle against evil in oneself (traditional) The struggle against evil outside of oneself

(fundamental) The struggle against non-believers (Extremist)

An Introduction to TerrorismTrends in International Terrorism: Terrorism has become progressively bloodier. Terrorists have developed more efficient means of

managing their finances (including criminal enterprises).

Terrorists have developed more efficient models of organization. (Umbrella / Cells of same believers)

Terrorists are able to mount global campaigns with the help of countries who support terrorism against the West.

Terrorists have exploited new communication technology. (Sat. Comm.)

The Terrorist Threat

Types of WMD’s: Biological weapons Chemical weapons Nuclear weapons Radiological weapons Explosives (IED)

The Terrorist ThreatConventional Explosives: IEDs

Often constructed by amateurs Used in more than 70% of terror attacks

CBRNE First Responders to CBRNE

Different categories of weaponry can be mixed and matched

RDDs “dirty-bombs”

The Homeland Security Response

The Antiterrorism and Effective Death

Penalty Act (AEDPA): Passed in 1995 in response to the Oklahoma

City bombings Prohibits persons from providing material

support to foreign terrorist organizations (FTOs)

The Homeland Security ResponseThe Patriot Act: Designed to “level the playing field.” Makes it easier for law enforcement to collect

information about suspected terrorists and detain them.

Enhances the ability of the government to keep non citizens suspected of terrorist activities out of the United States.

Targets the fundraising activities of terrorist organizations.

The Homeland Security ResponseThe Patriot Act: Relaxes restrictions on information sharing between

government agencies. Creates a crime of “knowingly harboring a terrorist.” Allows greater freedom in seizing email. Funds allow the tripling of border patrol agents, customs

inspectors, and immigration agents. Non-citizens can be detained up to seven days without being

informed of the charges against them. Eliminates the statute of limitations for terror-related

offenses.

The Homeland Security ResponseFederal agencies outside the DHS: The FBI is considered the “lead” agency in the fight

against terrorism Strategic Information Operations Centers (Fusion)

Intelligence Agencies Electronic surveillance Human-source collection Open-source collection Counterintelligence CIA and NSA

State and Local Counterterrorism Efforts

The Homeland Security Response

Issues with the response to terrorism: Terror related investigations have strained

local law enforcement resources and led to crime increases in some areas.

Communication difficulties have led to dissatisfaction for many local agencies.

Counterterrorism Challenges and Strategies

Preventive Policing 7 Signs of Terrorism

The Criminal Justice model Terrorism is treated like any other crime AEDPA and the Patriot Act

Counterterrorism Challenges and Strategies

The Intelligence Model Regards terrorism as a threat to the state rather

than a traditional crime Reforming the FBI (Intelligence / Counter

Terrorism) The Military model: Hooah

The military, rather, than the criminal justice system, is the appropriate responder to terror issues.

“Enemy Combatants”

Border Security

Regulated Ports of entry 88 million foreign visitors arrive through

America’s more than 100 international airports, with millions more crossing the borders with Mexico and Canada.

Unregulated Ports of Entry 3 million people illegally cross into the United

States through the borders with Mexico and Canada each year.

The Double-Edged Sword: Security vs. Civil-Liberties

Rights during wartime. Inevitable conflict.

Searches, surveillance, and security.

The Double-Edged Sword: Security vs. Civil-Liberties

Due Process and Indefinite Detention: The 5th amendment “person” versus “citizen” Unlawful Combatants Rasul v. Bush (2004)

The Double-Edged Sword: Security Versus Civil-Liberties

Military Tribunals “Enemy Combatants” tried by military

tribunals rather than civilian courts. No right to trial by jury. Hamdan v. Rumsfeld (2006)

Criminal Justice: Looking to the Future

What does the future hold? Immigration law to combat drug trafficking

and terrorism