Chapter 15

 Focus on stopping illegal acts before they occur– not after the commission of crime  Cannot afford to allow the catastrophic acts of terrorism to occur– too high a price  Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)– makes it a federal crime to “provide material support or resources to any group the U. S. has designated a ‘terrorist organization’”

 Have adopted a “criminal justice model” approach to dealing with terrorist acts, similar to other crimes  But, terrorism may not be amenable to the usual threats of punishment and deterrence, as they are often willing to commit suicide to carry out their crime  Punishment almost seems irrelevant in comparison with devastation caused

 FBI focus now firmly on terrorism since 9/11  Increased from 535 to 3,000 agents  Has become partially an intelligence agency– primarily interested in gathering information on potential criminals to prevent those crimes  Work on crimes “in the planning stages”  A police agency usually solves crimes which have already been committed

 Crime control model of addressing terrorism: ◦ Quick and efficient ◦ Nearly a “presumption of guilt” ◦ Monitoring of calls, internet, searches of persons and property at airports  Question: How many of these rights are we willing to surrender?

 Criminal justice system designed to err on side of defendant– Do not convict innocent person  Some rules do not apply in war  Our freedoms (speech, association, movement) make it much easier for terrorists to operation in U. S.  PATRIOT Act– strengthened law enforcement with additional tools to fight terrorism  Certain terrorist suspects labeled “enemy combatants”

 Easier for law enforcement to conduct searches and monitor communications.  FBI can now obtain warrants for searches for “terrorism investigations,” “chemical weapons” or “computer abuse and fraud” as long as they have a “significant purpose”.  Probable cause that a crime had occurred or was about to take place was no longer required.  Changes in 4 th amendment requirements.

 “Roving” surveillance authority in act for terrorist suspects– Can continue to monitor even if suspect goes into another jurisdiction (judicial district).  Person whose home has been searched and voice mails or computer records seized may not be informed of search until much later.  Some believe police may wrongly use the act to gather non-terrorist information about criminal activity.

 Detainees there were seized during military campaign, are non-citizens– 5 th amendment rights do not apply.  Some believe they should be considered POW’s and guaranteed a timely trial, or release.  “Unlawful combatants” may be held until end of war, according to government.

 Supreme Court has provided the detainees with a few more rights in past 3 years: ◦ Can file Federal Habeus Corpus petitions. ◦ Can dispute status as “enemy combatants” in U. S. civil court. ◦ But, those identified as al Qaeda combatants can be held indefinitely.

 Attorney-client privilege can be monitored if “reasonable suspicion” communication would be used to facilitate terrorist activities (No “probable cause” of a crime is necessary)  Presidential order– suspected terrorists tied in military tribunals, not civilian courts  Any evidence is admissible which would help decide the issue  Only 2/3 of panel must agree for person to be convicted  Divisive issue

 Information regarding energy infrastructure, water systems, uranium storage, and nuclear facilities may be available via the internet– targets for terrorism  Also, has facilitated the transmittal of pornography, solicitation of minors  Most illegal activity on internet is done for economic gain (computer crime)

 Do you believe we will have another terrorism attack the scale of 9/11?  Why or why not?  If we are likely to have one, what type of attack do you believe it will be?

 Fraud, embezzlement, theft of intellectual property  Difficult to assess the level of activity– Clearly is increasing  Most cyber crime is merely a new method of committing older crimes  Traditional laws safeguarded physical space and physical property

 Fraud: a knowing misrepresentation made to deceive another and which a reasonable person would and does rely on to their detriment  Cyber Fraud: fraud committed over the internet  Technology has led to creative ways to commit crimes

 Includes Identity Theft– where a criminal steals an identification (often social security number) document, and uses information to access victim’s financial resources  8.9 million cases in U. S. in 2005  “Phishing”– “fish” for your financial data and password posing as legitimate business  Then uses data to masquerade as victim and take money from accounts  has become favorite vehicle of theft

 Have you ever been the target of: ◦ Identity theft? ◦ Fraudulent schemes? ◦ Other cyber crime?

 Perpetrators use internet chat rooms, user groups and to locate and communicate with victims  45 states now make this illegal  “To harass or follow a person which puts them in reasonable fear for their safety or that of their family”

 Companies can reach larger number of customers, but they are left vulnerable to various types of cyber crime  Hacker: someone who uses one computer to break into another  Worm: software program capable of reproducing itself as it spreads from one computer to another  Virus: program which reproduces itself but must be attached to an “infected” host file to travel from one network to another

 6 states have banned internet gambling  Jurisdiction question– Where the crime is committed? State where the offender lives? Where transmission is received?  FBI has taken lead in fighting cyber crime, but other larger police departments have become involved as well– 3 rd highest priority  Need to protect critical infrastructure– airlines, communications, power grids, water, finance

 Technology will provide new opportunities for crime  Expanded use of DNA evidence  Community alternatives to prison will be emphasized  Juvenile offenders will be treated more like adults  Immigration laws used to fight drug trafficking, gangs, terrorism

 million aliens live in U. S.  Mexicans without proper documentation are ordered deported without a hearing  Those from other countries (“OTM’s”) are generally eligible for immigration hearing  Nearly 90% of OTM cases fail to appear for the hearing  Border Patrol now may match fingerprints of those detained for immigration violations with known samples  OTM’s can now be deported within 100 miles of Mexico without a hearing

 What is the best strategy for dealing with the illegal immigration problem (e.g., fence, more patrol, less amnesty, more amnesty, tougher laws, more lenient laws) and why?