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 4th 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– 5th 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 E-mail has become favorite vehicle of theft

Have you ever been the target of:

◦ Identity theft?◦ Fraudulent e-mail schemes?◦ Other cyber crime?

Perpetrators use internet chat rooms, user groups and e-mail 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– 3rd 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

11-12 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?