Computer Science 401 Technology and Criminal Justice March 22/24, 2011 Division of Governmental Studies and Services Michael J. Gaffney, J.D., Acting Director

Division of Governmental Studies and Services Applied Social Science Research Consulting and Technical Assistance Training Four Primary Areas of Focus:  Public Safety Washington State Institute for Criminal Justice  Good Governance  Digital Initiatives  Sustainability and Stewardship Natural Resources Leadership Academy DGSS - Gaffney

Mike Gaffney 15 years w/unit JD and “ABD” Extensive LE Training and Research WSU “Cybercrime and Digital Forensics” Emergency Management interests DGSS - Gaffney

Question Are you: A.A Criminal Justice Major B.A Criminal Justice Minor C.A Political Science Major D.Current or Former Law Enforcement DGSS - Gaffney

Technology Applications in Criminal Justice Crime Identification & Detection Crime Reporting & Notification Crime Response & Investigation Criminal Prosecution & Defense Criminal Justice Reporting & Accountability DGSS - Gaffney

Crime Identification & Detection Traffic  “Photo-red” Cameras  License plate scanners Surveillance Cameras Gunshot Locators GPS Tracking Aircraft and Satellites “Wire” taps Web Volume Tracking National Security Monitoring DGSS - Gaffney

Question Which of the following limits surveillance? A.Declaration of Independence B.First Amendment to the Constitution C.Fourth Amendment to the Constitution D.Seventh Amendment to the Constitution DGSS - Gaffney

Crime Notification & Reporting Whistles Call Boxes Radio Alarms (E-)911 Reverse 911 On-Line Reporting Social Media DGSS - Gaffney

Crime Response & Investigation CAD In-car Computers Wireless Connectivity Finger Prints Voice Analysis Wire Taps Surveillance DNA DGSS - Gaffney

Investigation, Continued Amber Alerts AFIS CODIS HITS LInX CopLink DGSS - Gaffney

Prosecution/Defense Forensics (the CSI factor) DNA Audio/Visual Recordings DGSS - Gaffney

Reporting, Planning & Accountability UCRs NIBRS GIS (Crime Mapping) Crime Analysis Performance Metrics (ComSTAT) DGSS - Gaffney

Question How likely do you think it is that technology will be misused within the Criminal Justice System? A.Not Likely at All B.Somewhat Unlikely C.Somewhat Likely D.Very Likely DGSS - Gaffney

Criminal Law “Crime” can be defined as a violation of a societal standard of conduct which is injurious to the public welfare. “Criminal Law” is that body of legal standards (Common Law, constitutional, statutory, case) which govern the investigation, prosecution, and punishment of criminal acts. DGSS - Gaffney

The US System of Criminal Law Favors protection of the innocent Prefers Due Process Balances Power of Government Based on English Common Law Shares founding philosophies DGSS - Gaffney

Limitations on Technology Bill of Rights Fourteenth Amendment Statutory Standards Case Law States may vary DGSS - Gaffney

Question In which Amendment is the protection against involuntary self-incrimination found? A.First B.Fourth C.Fifth D.Tenth E.Fourteenth DGSS - Gaffney

Fourth Amendment Protections “Unreasonable search and seizure” Basically, must have a warrant Limited exceptions  Open Fields and Plain View  Exigent Circumstances  National Security  Consent Exclusionary Rule applies DGSS - Gaffney

Technology & Plain View Airplanes & Satellites Infrared Spectroscopy “Shared” Conversations GPS Locators RFID Tags Cameras DGSS - Gaffney

Ethics and Technology Intersection of Law, Justice and Philosophy with scientific advances Requires reassessment of (Old) existing rules Not uniformly applied (Yet) DGSS - Gaffney

Question Do you think advances in technology are adequately covered by the existing rules on searches and evidence? A.Yes B.No DGSS - Gaffney

Conclusion Opportunities abound in this arena Critical thinking about impacts is necessary Legal standards are still developing Growth area for the technologically trained who are so inclined Questions? DGSS - Gaffney

DGSS - Gaffney Contact Information Mike Gaffney Division of Governmental Studies and Services Washington State University PO Box Pullman, WA