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CJ 2011James A. Fagin
Chapter 13:
Homeland Security
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2
After completion of this chapter, students should be able to:Explain how terrorism has affected the criminal justice systemDetail how the United States reorganized law enforcement agencies to respond to terrorismGive examples of how fear of terrorist attacks influence legislation, homeland security strategies, and search and seizureSpecify concerns about the impact of homeland security legislation and law enforcement powers with regard to constitutional rights
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3
Terrorism is a strategy of using random, violent attacks on noncombatants, symbolic building and landmarks, and infrastructure of a society to cause widespread fear
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4
Domestic terrorism involves acts such as:
1. Militias and extremist groups, such as Timothy McVeigh, Oklahoma City Bombing
2. Single-issue extremist groups, such as anti-abortion groups
3. Ecoterrorist, such as Animal Liberation Front (ALF), and Earth Liberation Front (ELF)
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5
Prior to the September 11, 2001, the criminal justice system lacked resources to counter international terrorism
USA Patriot Act gives federal law enforcement agencies expanded powers
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6
The DHS consolidated 22 federal agencies and 180,000 employees to create a single agency
Transportation Security Administration (TSA) created for airport security and passenger screening, deployed over 20,000 baggage screeners in 2002
FAA reports have been critical of baggage screeners’ ability to prevent passengers with potential weapons or explosives from boarding
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.7
Enemy Combatant Executive Order allows captured persons to be detained in military prisons, without charges, without access to an attorney, nor other constitutional rights
Civil rights proponents argue that circumventing the criminal justice system is a danger to civil liberties
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.8
Allows police to use roving wiretaps to track any phone a terrorist suspect might use
Permits law enforcement to conduct searches with delayed notifications
Section 215 of Patriot act allows searches of business, medical, bookstore or library records without probable cause
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.9
Fear of attacks is transforming cities into urban fortresses
Threats are costing police departments millions of dollars in overtime costs, training, and equipment
Few departments have the budget to provide officers with the necessary training and equipment to prepare for a biological, chemical, or nuclear terrorist attack
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.10
There is concern that illegal immigrants could obtain jobs as airline mechanics, at nuclear facilities, or at other infrastructure facilities
Immigration and Customs Enforcement (ICE) conducts investigations to determine if illegal immigrants are employed in such facilities
Government adopts ‘Smart Passports’ containing microchips with personal data, and a radio frequency identification system
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.11
DHS has been criticized as ‘overly aggressive’ racial profiling no-fly list
The 9/11 Commission criticized immigration polices as neither preventing potential terrorists from entering the country, nor clearly identifying them
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.12
ICE deports approximately 80,000 illegal immigrants for criminal activity
In 2008, ICE arrested over 1,000 alleged gang members of which most eligible for deportation
DHS has advocated adaption of a ‘National ID Card’
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.13
Cyber attacks can be executed from anywhere in the world
Difficult to establish the source of attacks
Extremist groups use the Internet to recruit new members, provide online training for jihadists, and disseminate propaganda
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.14
Congress has provided law enforcement officials with new powers that diminish Fourth Amendment rights
FBI has new powers to conduct domestic intelligence and to monitor the political activist groups that diminish First Amendment rights
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.15
Material witness law allows federal authorities to hold a person indefinitely without bringing charges
U.S. Supreme Court (2008) ruled that terrorist suspects held at the Guantanamo Bay naval base had constitutional rights to challenge their detention
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.16
Rendition: illegal transportation of a person to a foreign country for the purpose of having officials of that country interrogate the person using torture
Waterboarding was used under the Bush administration in the interrogation of al-Qaeda leaders
CJ 2011James A. Fagin
© 2011 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.17
Role of local police and the need for coordinating multiagency response to terrorism have exposed critical shortcomings in training and equipment
War on Terrorism has resulted in reexamination of some of the most basic practices of the criminal justice system
Criminal Justice scholars and student must ask, What are the best practices for responding to terrorism?