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Chapter 4 Criminal Justice in the New Millennium: Terrorism, Homeland Security, and Cyber Crime
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Contemporary Challenges of the Criminal Justice System Emerging forms of criminal activity pose a significant threat to society Terrorism Cyber Crime New threats are evolving in both complexity and seriousness. At the same time the system must continue its efforts to control traditional crimes.
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Terrorism Defined as premeditated, politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents. International terrorism involves citizens or the territory of more than one country. Terrorist group is any group practicing, or that has significant subgroups that practice, international terrorism.
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Terrorism (cont.) Edmond Burke coined the term terror to describe the French Revolution (reign of terror). After the Russian Revolution Lenin and Trotsky made terror an instrument of state policy. Terror has been identified with the civil war in Ireland. IRA (Irish Republican Army) considered to be the model for most contemporary terrorist organizations. No single personality trait or behavior pattern distinguishes the majority of terrorists
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Terrorism (cont.) Psychological View of Terrorists Behavior is result of mental illness rather than political motives. This view is controversial and critics suggest it is incorrect, that the stress of being a terrorist causes the mental disorders and not visa versa. Socialization View of Terrorists Believe they have been victimized by an oppressor and are taught to hate them. Group may serve as substitute family for those who grew up in dysfunctional families.
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Terrorism (cont.) Political/Religious/Social View Terrorists begin as members of minority groups angered by position of helplessness Feel their only option is to resort to violence to effect change. Alienation View Motivated by feelings of alienation and failure to successfully compete in a post-technological society.
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Terrorism (cont.) Contemporary View of Terrorists Have diverse motives and sponsors. Rather than purely political goals, many are motivated by religious and cultural values. Violence is a divine duty. Organized in far-flung nets or cells without a unified central command. Target the economic infra-structure.
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Homeland Security: The Criminal Justice Response to Terrorism After the 9-11 attacks agencies began to focus on combating terrorism. National Commission on Terrorist Attacks Upon the United States was created to investigate system failures and create a comprehensive plan to prevent future attacks. Resulted in organizational changes and creation of a Director of National Intelligence.
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Homeland Security (cont.) Federal law enforcement agencies were realigned to combat terrorism. Federal Bureau of Investigation’s priority was shifted to protection from terrorist attacks. Other agencies were reorganized and given directives to coordinate their efforts. National Counterterrorism Center was established.
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Homeland Security (cont.) Department of Homeland Security (DHS) is a cabinet-level agency responsible for: Preventing terrorist attacks within the United States Reducing America’s vulnerability to terrorism Minimizing the damage and recovering from attacks that do occur.
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Homeland Security (cont.) DHS Divisions: Border and Transportation Security Emergency Preparedness and Response Chemical, Biological, Radiological, and Nuclear Countermeasures Information Analysis and Infrastructure Protection
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Homeland Security (cont.) Intelligence Gathering Agencies: Federal Bureau of Investigation Defense Intelligence Agency National Security Agency National Reconnaissance Office Air Force, Army, Navy, and Marine Corps Intelligence Coast Guard Intelligence
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Homeland Security (cont.) Intelligence Gathering Agencies (cont.): State Department’s Bureau of Intelligence and Research Department of Energy Department of Treasury Department of Homeland Security Central Intelligence Agency National Geospatial-Intelligence Agency (formerly the National Imagery and Mapping Agency)
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Homeland Security (cont.) State and Local Efforts Creation of homeland security positions. Increased intelligence capabilities Participation on joint task forces and other cooperative programs
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The Law and Terrorism USA Patriot Act, Oct. 2001 New powers to domestic law enforcement and international intelligence agencies Expand definition of terrorism Expanded authority to deport non-citizens. Expansion of traditional tools Wiretaps Search warrants Pen/trap orders Subpoenas
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The Law and Terrorism (cont.) Civil rights and the Patriot Act Libertarians view the law as eroding civil rights. Fear the act may be used to investigate those engaged in reasonable political dissent. Concerns over attempts to further expand police powers in future legislation.
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The Law and Terrorism (cont.) Communications Assistance for Law Enforcement Act Requires communications equipment to be manufactured so police can identify the caller and intercept the communication. Requires service providers to provide caller identification and intercepted communications to police. Prohibits notifying the customer of surveillance.
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Cyber Crimes May present the most important challenge for law enforcement in the 21 st Century. It is rapidly evolving with new schemes created daily. It is difficult to detect through traditional methods. Its control requires agencies to develop technical skills which match those of the perpetrators. Information technology has become the key element in economic systems and is responsible for their globalization.
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Cyber Crimes (cont.) Types of Computer Attacks: Virus Trojan horse Salami slice Super-zapping Logic bomb
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Cyber Crimes (cont.) The extent of computer crime each year is unknown as many offenses go unreported. Direct financial losses exceed 140 million dollars Software piracy exceeds 30 billion dollars Denial of service attacks are increasing.
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Cyber Crimes (cont.) Types of Internet Crime Distributing Illegal Sexual Material Denial of Service Attack Illegal Copyright Infringement Security Fraud Identify Theft Ponzi/Pyramid Schemes Non Delivery of Goods/services
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Cyber Crimes (cont.) Cyber-Terrorism. Premeditated, politically motivated attack against information, computer systems, computer programs, and data which result in violence against non combatant targets by sub national groups or clandestine agents. Rapid evolution of technology and proliferation of cyber crimes has created the need for new laws.
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Cyber Crimes (cont.) Enforcing Cyber Laws. Most efforts are at the federal level using existing agencies. Specialized enforcement agencies have been created to combine the resources of state and local agencies to address the issue. Private Security Efforts
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