Homeland Security and the Future of Criminal Justice

An Introduction to Terrorism Defining 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 Terrorism Defining 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 Terrorism Understanding 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 Terrorism Trends 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 Threat Conventional Explosives:  IEDs Often constructed by amateurs Used in more than 70% of terror attacks  CBRNE First Responders to 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 Response The 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 Response The Patriot Act:  Relaxes restrictions on information sharing between government agencies.  Creates a crime of “knowingly harboring a terrorist.”  Allows greater freedom in seizing .  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 Response Federal 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 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 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 5 th 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