© 2003 Prentice-Hall, Inc. 1 Chapter 17 The Future of Criminal Justice

© 2003 Prentice Hall, Inc. 2 Technology and Criminal Justice A New Era of Criminal Justice new crimes like software piracy, illegal access to computers, electronic security violations, e-fraud, and electronic theft of digital information

© 2003 Prentice Hall, Inc. 3 The criminal justice system of the future will rest on traditional constitutional mandates and will be responsible to court precedent. It will be structured in terms of police, courts, and corrections. Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 4 Examples of Systems of Personal Identification Tang Dynasty ( AD) Inked fingerprints were being used in China as personal seals on important documents. There is some evidence that the Chinese had classified patterns of loops and whorls found in fingerprints and were using them for identification of criminals as much as 1,000 years ago. Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 5 Bertillion System first “modern” system of personal identification combined physical measurements with emerging field of photography replaced by fingerprint identification in police departments by 1920’s Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 6 Believed that certain bodily aspects did not change substantially after physical maturity was reached for example: eye color skeletal size and shape ear form Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 7 Sir Francis Galton Galton popularized the use of fingerprints to identify defendants. By 1901, Scotland Yard officially adopted fingerprinting. Original Scotland Yard Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 8 Cal-ID: automated fingerprint identification system - California State Department of Justice uses optical scanning and software pattern matching to compare suspect fingerprints new technologies in ballistics, forensics, and voice print analysis Technology and Criminal Justice

© 2003 Prentice Hall, Inc. 9 Emerging Technologies DNA Profiling uses biological residue found at scene of a crime for genetic comparisons in aiding the identification of criminal suspects DNA Identification Act of 1994 uses computer hardware/software, which attempts to duplicate decision-making processes used by skilled investigators in analysis of evidence

© 2003 Prentice Hall, Inc. 10 Emerging Technologies uses computer program known as “inference engine,” which makes comparisons between user input and stored information

© 2003 Prentice Hall, Inc. 11 Computers also used for crime scene analysis. Psychological profiles are computer generated. Emerging Technologies

© 2003 Prentice Hall, Inc. 12 Daubert Standard 1993 Supreme Court case - Daubert v. Merrell Dow Pharmaceuticals, Inc. Test of scientific acceptability applicable to the gathering of evidence in a criminal case. Emerging Technologies

© 2003 Prentice Hall, Inc. 13 Whether it has been subject to testing. Whether it has been subject to peer review. Whether there are known or potential rates of error. The existence of standards controlling application of techniques involved. Emerging Technologies Factors that may be used to determine whether any form of scientific evidence is reliable:

© 2003 Prentice Hall, Inc. 14 Computer-aided Investigations LA-HITMAN is a department-wide database to help detectives solve violent crimes. Also, there is another LA database to keep track of approximately 60,000 gang members. Emerging Technologies

© 2003 Prentice Hall, Inc. 15 cybercrime: new white collar crime insider trading scams savings and loan fiasco Canadian stock fraud occupational crime corporate crime Emerging Technologies

© 2003 Prentice Hall, Inc. 16 Computer and High- Technology Crime hackers - Hobbyists or professionals generally with advanced programming skills. Today, this group includes individuals bent on illegal accessing of computers of others or those of corporations or governments to cause damage or collect information.

© 2003 Prentice Hall, Inc. 17 viruses - Programs designed to secretly invade systems and modify the manner in which they operate or alter the information they store. Computer and High- Technology Crime

© 2003 Prentice Hall, Inc. 18 software piracy - The unauthorized duplication of software, which is one of the most prevalent computer crimes in the world. Computer and High- Technology Crime

© 2003 Prentice Hall, Inc. 19 Combating Computer Crime Computer criminals are young, well educated, aggressive, and technically sophisticated. They are highly skilled, and their crimes are difficult to detect. In 1998, identity theft became a federal crime under the Identity Theft and Assumption Deterrence Act.

© 2003 Prentice Hall, Inc. 20 Combating Computer Crime The development and use of “smart cards.” Credit-card-like devices that hold secure and unalterable information about a person. They can be used to combat identity theft and terrorism.

© 2003 Prentice Hall, Inc. 21 Terrorism “A violent act, or act dangerous to human life, in violation of the criminal laws of the United States or of any state to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” Source - FBI

© 2003 Prentice Hall, Inc. 22 Features of Terrorism no rules - no moral limitations upon terrorist violence no innocents - no distinctions between soldiers and civilians economy - kill 1, frighten 10,000 publicity - which encourages terrorism meaning - makes terrorists significant no clarity - terrorists goals unclear Terrorism

© 2003 Prentice Hall, Inc. 23 domestic terrorism international terrorism cyber terrorism Terrorism Types of Terrorism

© 2003 Prentice Hall, Inc. 24 Controlling Terrorism passed in 1996 limits federal appeals in death penalty cases bans fundraising in U.S. for international terrorist organizations provides $1 billion for enhanced terrorism-fighting measures Anti-Terrorism and Effective Death Penalty Act

© 2003 Prentice Hall, Inc. 25 permits foreign terrorism suspects to be deported makes it a federal crime to use the U.S. as a base to plan attacks overseas requires taggants to be added to plastic explosives to facilitate identification Controlling Terrorism

© 2003 Prentice Hall, Inc. 26 Controlling Terrorism Title VIII: Strengthening the Criminal Laws Against Terrorism, created a number of new terrorism offenses under federal law. USA PATRIOT Act of 2001

© 2003 Prentice Hall, Inc. 27 Technology and Individual Rights Technology and: First Amendment Second Amendment Fourth Amendment Fifth Amendment Eighth Amendment Fourteenth Amendment