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Homeland Security and the Future of Criminal Justice.

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Presentation on theme: "Homeland Security and the Future of Criminal Justice."— Presentation transcript:

1 Homeland Security and the Future of Criminal Justice

2 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.

3 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.

4 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.)

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6 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)

7 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.)

8 The Terrorist Threat Types of WMD’s:  Biological weapons  Chemical weapons  Nuclear weapons  Radiological weapons  Explosives (IED)

9 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”

10 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)

11 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.

12 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.

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14 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

15 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.

16 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

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18 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”

19 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.

20 The Double-Edged Sword: Security vs. Civil-Liberties  Rights during wartime. Inevitable conflict.  Searches, surveillance, and security.

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22 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)

23 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)

24 Criminal Justice: Looking to the Future What does the future hold?  Immigration law to combat drug trafficking and terrorism


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