Intro to cj ch 14 ppt

CJ2014James A. Fagin

Copyright © 2015 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 14: Homeland Security



14.1

14.2

14.3

14.4

Define terrorism and explain the difference betweendomestic and international terrorism.

Summarize the role of the primary agencies responsible

for preventing and responding to terrorism.

Summarize the importance of intelligence in preventing

and responding to terrorism.

Explain the changing role and challenges of federal agencies and first responders in preventing and

responding to terrorism.

14.5 Describe the role of border security in the war on terrorism.

14.6 Describe the challenge of balancing civil rights and homeland security.

CHAPTER OUTCOMES



14.1Define terrorism and explain the difference between domestic and international terrorism.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



What Is Terrorism?14.1

• Terrorism is a strategy, not a person, group, or nation & can be used both by governments, people, and groups opposed to governments.

• Although the use of terrorism as a tactic and strategy can be traced back to ancient times, the terms terror, terrorism, and terrorist originated in the Reign of Terror of the French Revolution.

• Title 22 of the United States Code Section 264f(d): Terrorism is the premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience.



What Is Terrorism?14.1

• Generally, groups that engage in terrorism use tactics such as random attacks on noncombatants (civilians), on symbolic buildings and landmarks, and on the infrastructure of a society (bridges, dams, and transportation, for instance) to achieve their goal of causing general disruption and widespread fear.



Types of Terrorism14.1

HateCrimes

DomesticTerrorism

HomegrownTerrorism

Lone WolfTerrorism

Crimes that aremotivated by

hate of an ethnic group, race, religion,

gender, or sexual

orientation.

Acts of terrorism

committed in the U.S. by

individuals or groups that do not have ties

with or sponsorship from foreign

states or organizations.

Another name for domestic

terrorism thatemphasizes that

there is no foreign

involvement in the violence, even though homegrown

terrorism mayact in support of foreign causes.

Acts committed by a single

individual or a single individual

assisted by a small number

of other people.



Domestic vs. International Terrorism14.1

Domestic Terrorism

Planned, funded, and executed by person or persons living within the United States without any assistance from a foreign group or state.

International Terrorism

Planned, funded, and executed in part or whole by a foreign state, a subnational group, or an extremist group.

The violent acts of the group are intended to intimidate or coerce a civilian population, influence the policies of a government, or affect the conduct of a government.

vs.



14.2Summarize the role of the primary agencies responsible for preventing and responding to terrorism.




Terrorism Prevention Post-9/11/200114.2

• On September 12, 2001, in response to the terrorist attacks, President Bush declared war on terrorism and began pursuing a two-pronged strategy of:

1. Aggressive use of military force overseas2. Greater reliance on federal agencies in

responding to terrorism on U.S. soil



Terrorism Prevention Post-9/11/200114.2

•The Bush administration requested new powers for federal agencies; the formation of new federal agencies; and the suspension of certain civil rights of accused terrorists, known as enemy combatants.

•Federal agencies were now tasked with the primary responsibility of fighting terrorism and the powers of these agencies have been greatly enhanced by the USA PATRIOT Act, which gives federal LEAs expanded powers to detect, detain, and prosecute terrorists.



Department of Homeland Security (DHS)14.2

• The Department of Homeland Security (DHS) was created in 1992 as a new federal agency responsible for a wide range of security measures to protect against terrorist attacks.

• The DHS consolidates 22 federal agencies and 180,000 employees to create a single agency whose primary mission is to protect the homeland of the U.S.



Department of Homeland Security (DHS)14.2

•The DHS works with the CIA, the FBI, the Defense Intelligence Agency (DIA), and the National Security Agency (NSA) to analyze intelligence and information and to disseminate that intelligence to agencies that need it to counter terrorism.

•The Aviation and Transportation Security Act of November 2001 (Pub. L. 107–71) created the TSA to oversee security in all modes of travel.



Multiple Agency Coordination14.2

• United States Government Interagency Domestic Terrorism Concept of Operations Plan (CONPLAN) is a plan that establishes the role and responsibilities of federal agencies for preventing and responding to terrorist attacks.

• The CONPLAN establishes a lead federal agency (LFA) which is the agency that is designated as being primarily in charge of an incident and has the power to direct the actions of other agencies and to call for the use of their resources even though the lead agency may not have direct authority over the other agencies.



Multiple Agency Coordination14.2

• First responder agencies are law enforcement, firefighters, and medical personnel who are the first to respond to a crisis or an incident.

• Mutual aid agreements are agreements that ensure that neighboring jurisdictions can assist in providing personnel and resources to their impacted counterparts.



14.3Summarize the importance of intelligence in preventing and responding to terrorism.




Intelligence and Homeland Security14.3

• Following the September 11, 2001, attacks, intelligence-gathering and sharing has been reengineered and a greater emphasis has been placed on intelligence-sharing between federal and local law enforcement.

• New legislation, including the PATRIOT Act, allows the FBI and CIA to share terror-related intelligence.

• One of the reforms was to remove the wall, which the FBI and CIA claimed was established by the Foreign Intelligence Surveillance Act that prevented criminal investigators from using intelligence gathered in national security cases in criminal cases such as terrorist attacks.



Intelligence and Homeland Security14.3

• Information Analysis and Infrastructure Protection (IAIP) directorate is the intelligence unit of the Department of Homeland Security which coordinates the gathering and dissemination of intelligence information.



Intelligence Reforms14.3

Terrorist Threat

Integration Center (TTIC)

Joint Local–Federal

Counterterrorism

Task Force (JTTF)

Fusion Centers

The agencycharged with

comprehensiveintelligence

gathering anddissemination.

A working group of FBI and state and/or local law

enforcement officers that focuses on preventing terrorism

through their joint cooperation and

intelligence-sharing.

Intelligence agencies run by

state or local authorities that aredesigned to collect,

analyze, anddisseminate

information critical to state and local law enforcement

operations related to both homeland

security and crime- fighting.



14.4Explain the changing role and challenges of federal agencies and first responders in preventing andresponding to terrorism.




Expanded Power to Fight Terrorism14.4

Many early efforts to promote national security were through classified presidential national security decision directives (NSDDs) which are directives issued by the president that are binding on federal agencies under executive command.

The enemy combatant executive order was an order issued by President Bush providing for the detention of terrorists without access to due process rights.

• As unlawful combatants, their status is similar to that of enemy spies or saboteurs who are captured behind enemy lines without uniform.

• The executive order provided that those captured overseas would be detained in a military prison without charges, without access to an attorney, without access to the civilian courts, and without protection of constitutional rights.



Enemy Combatants14.4

• The Bush administration ordered these combatants stand trial in special military tribunals. Unlike a military court martial governed by the Uniform Code of Military Justice, these military tribunals consist of three to seven judges, all of whom must be commissioned military officers.

• The accused does not have the right to confront witnesses or to challenge evidence that in the opinion of the tribunal would reveal national security information.

• The prisoner does not have the right of habeas corpus —that is, the right to challenge the lawfulness of his imprisonment.



Enemy Combatants14.4

•Initially used for those captured on the battlefield, the administration extended it to U.S. citizens.

•Advocates of civil criminal trials for accused terrorists acknowledge the problems such trials propose, but they argue that denying civil rights to accused terrorists is dangerous.



The PATRIOT Act14.4

• Following the September 11th 2001 attacks, the USA PATRIOT Act (commonly called the PATRIOT Act) was quickly passed by Congress by an overwhelming majority and signed into law by the president.

• The USA PATRIOT Act gave broad new powers to federal LEAs such as the FBI.

• One of the most significant effects on the criminal justice system is that the authority of federal law enforcement agents to execute searches has been greatly expanded under the PATRIOT Act.



The PATRIOT Act14.4

• The PATRIOT Act authorized expanded search power, required less judicial oversight of these search powers, and in some cases allowed secrecy concerning the search.

• Calls to repeal of some of the more controversial provisions of the PATRIOT Act have been unsuccessful by critics.



The PATRIOT Act14.4



Responses to Terrorism14.4

Fear of a terrorist attack is transforming cities into urban fortresses as authorities have done the following:

• Reshaped the cityscape• Increased security• Blocked off streets• Established security screening checkpoints• Imposed searches of baggage and backpacks of airline,

subway, train, and ferry passengers

It is costing police departments millions of dollars in overtime, training, and equipment to fulfill this responsibility.



Responses to Terrorism14.4

• In 2002, the DHS implemented the Homeland Security Advisory System (HSAS) as the means to disseminate this information. The HSAS was a color-coded system using green, blue, yellow, orange, and red to indicate the level of threat

• The National Terrorism Advisory System (NTAS) has replaced the HSAS and was designed to address the shortcomings of the HSAS system



Elevated:No specific information about the timing or location of the threat.

Imminent:The threat is impending or

very soon.

National Terrorism Advisory System14.4

NTAS

This new system replaced the HSAS color-coded system using green, blue, yellow, orange, and red to indicate the

level of threat with a new two-level alert system.



14.5 Describe the role of border security in the war on terrorism.




Border Security14.5

• Prior to September 11, 2001, the primary focus was on the U.S.–Mexican border and the concerns were the economic consequences from people entering the U.S. without authorization who were seeking employment and cross-border drug and human trafficking.

• Today the concern is terrorists entering the U.S. as illegal immigrants and obtain jobs in risk-sensitive facilities that would enable them to carry out a terrorist attack against the U.S.



Border Security14.5

• The DHS Immigration and Customs Enforcement (ICE) agency has a two-pronged strategy:

1. Focusing on securing the borders and stopping illegal immigration

2. Ensuring that employers follow federal laws requiring documentation of the legal status of people seeking employment



Immigration Control and Enforcement (ICE)14.5

• Today, the federal agency primarily responsible for immigration control and border security is the DHS.

• Under the DHS, two agencies have primary responsibility for border security and immigration: U.S. Customs and Border Protection (CPB) and ICE.

• The TSA shares in this responsibility by protecting the transportation systems of the U.S.

• The office of CBP is responsible for border security, while ICE is the principal investigative arm of the DHS.

• Under ICE, the Enforcement and Removal Operations (ERO) agency enforces the nation's immigration laws.



Border Security in 201414.5

• United States Visitor and Immigrant Status Indicator Technology (US-VISIT) is a new system of registering the entry of foreign visitors to the U.S. and tracking when and where they exit the U.S.

• In addition to passenger screening and enhanced airport security, the federal government has initiated the adoption of smart passports which contain microchips and a radio frequency identification system.



Border Security in 201414.5

•Student and Exchange Visitor Information System (SEVIS) is a Web-based database containing information on international students studying in the U.S.

•As a strategy of the Secure Border Initiative begun in 2003, the U.S. planned to construct a physical or virtual fence along the entire U.S.–Mexican border and to significantly enhance security of the U.S.–Canadian border.



Real ID Act14.5

The DHS has advocated the adoption of a standardized state driver's license as required by the REAL ID Act. It will create a national database because it requires states to share driver's license information.



14.6Describe the challenge of balancing civil rights and homeland security.




Civil Rights in the Post-9/11 Era14.6

• In the post-9/11 environment, some acts and behaviors have been prohibited in an effort to promote national security.

• The justification for curtailing these rights is that the new powers and laws promote national security and enhance the ability of law enforcement to detect terrorist cells within the U.S. and secret plots by terrorists before they can launch an attack.



Civil Rights in the Post-9/11 Era14.6

• Terrorist cells are small groups of individuals with a common goal of carrying out terrorism.

• Related efforts to promote national security by discovering these terrorist cells have impacted many citizens.

• In the name of national security, citizens have fewer expectations of privacy rights.



Denial of Due Process?14.6

• Critics accuse the Justice Department of denying due process to many people accused or suspected of terrorism.

• Also, Human Rights Watch and the ACLU accuse the Justice Department of abusing the material witness law to detain terror suspects.

• The material witness law is a law that allows for the detention of a person who has not committed a crime but is alleged to have information about a crime that has been committed.



Denial of Due Process?14.6

• Since September 11, 2001, racial profiling has become a particular concern for Middle Eastern–looking men, as public opinion and legislators seem less opposed to racial profiling of these people, especially at airports and on public transportation.

• One of the most serious concerns of denial of due process is allegations of torture and the practice of rendition.



Rendition and Torture14.6

• Rendition is when the U.S. government arranges for the transfer of a suspected terrorist from the U.S. or another country to a country such as Pakistan or Egypt where local authorities there can interrogate the suspect using torture.

• Rendition often involves the clandestine kidnapping of the "terror suspect" and the clandestine transportation of the suspect to such a country.



Rendition and Torture14.6

• A serious concern regarding due process rights of accused terrorists is the recent use of drone attacks to kill U.S. citizens living abroad.

• The U.S. has been carrying out drone missile attacks against alleged terrorists on the sole authority of the U.S. president as commander in chief of the U.S. military, authorizing the killing of the person.



The criminal justice system focuses on the criminal nature of terrorism, notwithstanding the motivation

or political beliefs of such a group, and seeks to protect the public by apprehending perpetrators of

terrorism.Law enforcement agencies (LEAs) differentiate between terrorist acts committed by domestic

perpetrators of terrorism and foreign perpetrators of terrorism.

The new attention on homeland security has resulted in an increase in both federal agencies and federal law enforcement powers. Local law enforcement agencies (LEAs) are underprepared to respond to terrorism; as a result, federal agencies have been given the responsibility of fighting terrorism. The

powers of these federal agencies have been greatly enhanced by the USA PATRIOT Act.

14.1

14.2

CHAPTER SUMMARY



Joint local and federal counterterrorism task forces (JTFFs) are used to funnel intelligence from federal

agencies to local agencies. Local and state law enforcement agencies (LEAs) have also established

Fusion Centers, which are intelligence networks designed to collect, analyze, and disseminate

information critical to state and local law enforcement operations.

14.3

A major change for the criminal justice system has been the shifting of power between federal and local law enforcement agencies (LEAs) as a result of the

war on terrorism. President Bush's enemy combatant executive order and the USA PATRIOT Act have served to broaden the scope of authority of federal officials

in handling suspected terrorists.

14.4

CHAPTER SUMMARY



Two agencies are primarily responsible for border security and immigration: the U.S. Customs and

Border Protection (CPB) and Immigration and Customs Enforcement (ICE). The Department of Homeland Security (DHS) initiated a number of

changes to seal the border from terrorists, including better tracking of foreign visitors, airline passenger

screening, and the use of smart passports. In addition, a No-Flight List has been established by the

Terrorist Screening Center (TSC).

14.5

In the post-9/11 environment, the effort to promote national security has arguably diminished Fourth

Amendment (search and seizure) rights. Complaints from citizens about racial profiling, the use of torture

and rendition, as well as killing Americans living abroad, have presented challenges for both the government and the criminal justice system to

respond with effective actions that combat terrorism and preserve civil liberties.

14.6

CHAPTER SUMMARY

Intro to cj ch 14 ppt

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