Download Chapter 4:

Homeland Security and the
Future of Criminal Justice
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.
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.
An Introduction to Terrorism
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Terrorists have evolved into non-state actors.
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Today the dominant strain of terrorism mixes
strong political goals with very strong
religious affiliations. (But it really is all about
hatred.)
An Introduction to Terrorism
Understanding terrorism:
 Osama bin Laden
 Al Qaeda (The “Base”)
 Global Jihad =
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The struggle against evil in oneself (traditional)
The struggle against evil outside of oneself
(fundamental)
The struggle against non-believers (Extremist)
An Introduction to Terrorism
Trends in International Terrorism:
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Terrorism has become progressively bloodier.
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Terrorists have developed more efficient means of
managing their finances (including criminal
enterprises).
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Terrorists have developed more efficient models of
organization. (Umbrella / Cells of same believers)
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Terrorists are able to mount global campaigns with
the help of countries who support terrorism against
the West.
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Terrorists have exploited new communication
technology. (Sat. Comm.)
The Terrorist Threat
Types of WMD’s:
 Biological weapons
 Chemical weapons
 Nuclear weapons
 Radiological weapons
 Explosives (IED)
The Terrorist Threat
Conventional Explosives:
 IEDs
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CBRNE First Responders to CBRNE
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Often constructed by amateurs
Used in more than 70% of terror attacks
Different categories of weaponry can be mixed and
matched
RDDs
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“dirty-bombs”
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)
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.
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 email.
 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.
The Homeland Security Response
Federal agencies outside the DHS:
 The FBI is considered the “lead” agency in the fight
against terrorism
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Intelligence Agencies
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Strategic Information Operations Centers (Fusion)
Electronic surveillance
Human-source collection
Open-source collection
Counterintelligence
CIA and NSA
State and Local Counterterrorism Efforts
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.
Counterterrorism Challenges and
Strategies

Preventive Policing 7 Signs of Terrorism
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The Criminal Justice model
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Terrorism is treated like any other crime
AEDPA and the Patriot Act
Counterterrorism
Challenges and Strategies
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The Intelligence Model
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Regards terrorism as a threat to the state rather
than a traditional crime
Reforming the FBI (Intelligence / Counter
Terrorism)
The Military model: Hooah
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The military, rather, than the criminal justice
system, is the appropriate responder to terror
issues.
“Enemy Combatants”
Border Security

Regulated Ports of entry
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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.
The Double-Edged Sword:
Security vs. Civil-Liberties
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Rights during wartime.
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Inevitable conflict.
Searches, surveillance, and security.
The Double-Edged Sword:
Security vs. Civil-Liberties
Due Process and Indefinite Detention:
 The 5th amendment
 “person” versus “citizen”
 Unlawful Combatants
 Rasul v. Bush (2004)
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)
Criminal Justice: Looking to the
Future
What does the future hold?
 Immigration law to combat drug trafficking
and terrorism