An Introduction to Criminal Law Multinational Criminal Justice.

An Introduction to Criminal LawMultinational Criminal Justice

Globalization of crime and terrorism has required enhanced international coordination of law enforcement efforts. The U.S.efforts to thwart globalization of crime and terrorism include:• Expansion of American law enforcement activities abroad• Passage of the Trafficking Victims Protection Reauthorization Act

(TVPA, 2003)• Extradition • Forcible removal of criminal suspects from foreign jurisdictions

refusing extradition. http://www.fas.org/sgp/crs/terror/R41004.pdf

An Introduction to Criminal LawThe Globalization of Crime

Transnational crime partly stems from globalization—the internationalization oftrade, services, investment, information and other forms of human social activity.As defined by the United Nations, transnational crimes are unlawful activitiesundertaken by organized criminal groups operating across national boundaries andinclude:• Terrorism • Drug trafficking• Money laundering• Alien smuggling• Human and weapons trafficking• Fraud and corruption treaties.un.org/doc/source/RecentTexts/18-12E.doc

An Introduction to Criminal LawTransnational crime

The United Nations classifies a crimes a Transactional crime if:

1. It is committed in more than one country.2. It is committed in one country but a substantial part of its preparation, planning,

direction, or control takes place in another country.3. It is committed in one country but involves an organized criminal group that

engages in criminal activities in more than one country.4. It is committed in one country but has substantial effects in another country.

www.un.org/News/Press/docs/2009/gashc3948.doc.htm - 97k

An Introduction to Criminal LawTransnational crime (continued)

Comparative criminology is the cross-national study of crime. Also, it compares crime patterns in one country with those in

another and develops theories with increased specificity managing to construct them in such way they can applied

across more than one culture or nation-state.Comparative criminologists study crime on a cross-national

level and use those studies to evaluate and improve the U.S. system of criminal justice.

Schmalleger, Frank (2009). Criminology Today: An Integrative Introduction (5th Edition). Columbus, OH: Prentice Hall. Page G-2

An Introduction to Criminal LawComparative Criminology

One major impediment to Comparative Criminology is the fact the United States is generally an “ethnocentric” culture. Ethnocentrism is the tendency to strongly believe a group's ethnic or cultural group is centrally important and all other groups are measured in relation to that group. Ethnocentric people critically judge other groups relative to his ethnic group, culture and norms. This is especially true in relation to one’s language, behavior, customs, and religion. Ethnocentric cultures are often not open to considering or even in some case tolerating, research or ideas that are different to the accepted norm within that culture.Anderson, Margret & Taylor, Francis (2006). Sociology; Understanding a Diverse Society. Thompson Wadsworth.

An Introduction to Criminal LawEthnocentrism and Comparative

Criminology

Some other difficulties in the application of Comparative Criminology might include::• Definitional differences

Social, cultural, and economic differences increase the difficulty. • Diverse reporting practices

INTERPOL & UN are the only international organizations to regularly collect crime statistics. (Schmalleger, Frank (2009). Criminology Today: An Integrative Introduction (5th Edition). Columbus, OH: Prentice Hall. Page 626).

• Political and other influences on reporting statistics to international agencies

Some countries are not as open with their criminal, thus making comparisonsimpossible:• Even researching criminal justice data is forbidden in some locations.• Some research methods may be considered disrespectful (i.e. unmarried opposite sexes

interviewing one another).

An Introduction to Criminal LawOther Impediments to Comparative

Criminology

The United Nations (UN) is the largest and mostInclusive International body in the world. • Consists of 193 member states • Is Headquartered in New York City, New York• Expends a great amount of resources studying

international crime prevention and world criminal justice systems

An Introduction to Criminal LawInternational Criminal Justice Organizations

United Nations Interregional Crime and Justice Research Institute- UNICRI is a United Nations entity mandated to assist intergovernmental, governmental and non-governmental organizations in formulating and implementing improved policies in the field of crime prevention and criminal justice. UNICRI' s goals are:1. Advance understanding of crime-related problems2. Foster just and efficient criminal justice systems3. Support the respect of international instruments and other standards4. Facilitate international law enforcement cooperation and judicial

assistance.http://www.unicri.it/institute/

An Introduction to Criminal LawUnited Nations Interregional Crime and Justice Research

Institute

UNICRI' s activities include efforts in the field of crime prevention and criminal justice. Areas ofconcern/concentration include corruption, security, organized crime such as human trafficking, illicitDrugs and arms. Other areas of include violence, both domestic and in the workplace; environmentalAnd cyber-crimes; protection of victims and cultural heritage. UNICRI also conducts major programsin criminal justice reform, with a special focus on juvenile justice. Work and recommendations of the UnitedNations include:

1. International Bill of Human Rights2. Standard Minimum Rules for the Treatment of Prisoners3. UN Code of Conduct for Law Enforcement Officials4. The UN World Crime Surveys5. Office for Drug Control and Crime Prevention (ODCCP)6. International congress on crime (held every five years)7. 2000 UN Protocol to Prevent, Suppress and Punish trafficking in Persons, Especially Women and

Childrenhttp://www.unicri.it/institute/

An Introduction to Criminal LawUnited Nations Major Contributions to Criminal

Justice

INTERPOL is an international law enforcement support organization.• Began operations in 1923 • Has 188 member nations• Headquartered in Lyons, France

INTERPOL acts as a clearinghouse for information on suspects and offensesoperating across national boundaries. Its work focuses primarily on public safety,terrorism, organized crime, crimes against humanity, environmental crime,genocide, war crimes, piracy, illicit drug production, drug trafficking, weapons smuggling, human trafficking, money laundering, child pornography, white-collar crime, computer crime, intellectual property crime and corruption.

http://www.interpol.int/Public/ICPO/default.asp

An Introduction to Criminal LawInternational Criminal Police Organization

(INTERPOL)

INTERPOL • Does NOT have field investigators • Does NOT have arrest or search and seizure powers • Facilitates, coordinates, and encourages police cooperation as a means of

combating international crime

Recent and current activities include:• Adopting the Budapest Anti-Terrorism Resolution (2001)• Second Global Conference on Preventing Bio-Terrorism (2006)• International Bioterrorism Tabletop Exercise (2009)• Developing a centralized international forensic DNA database (2007)• Creating an international framework for disaster victim identification (2003)

http://www.interpol.int/Public/ICPO/default.asp

An Introduction to Criminal LawINTERPOL

Europol became fully operational on 1 July 1999. It is the integrated police intelligence gathering anddissemination arm of the member nations of the European Union (EU). • Europol allocates its resources (approximately 130 Europol liaison officers (ELOs)) from its

headquarters in The Hague, Netherlands. • As of 2007, Europol covers all 27 member states of the European Union. In order to fight

international organized crime effectively, Europol cooperates with a number of third countries and organizations

• Its mission is to improve the effectiveness and cooperation of law enforcement agencies within EU member states.

• The ultimate goal is preventing and combating terrorism, drug trafficking, trafficking of radioactive and nuclear substances, money laundering, trafficking in human beings, and other serious forms of international organized crime.

https://www.europol.europa.eu/content/page/about-europol-17

An Introduction to Criminal LawEuropean Police Office (Europol)

The International Criminal Court (ICC) was created to deal with crimes ofinternational concern (genocide, war crimes, crimes against humanity).

It was “born” on 1 July 2002 and can only prosecute crimes committed on or after that date. The Court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere.

As of September 2011, 116 nation states have ratified the Statute of the Court. Another 35 nation states have ratification pending and three nation states, Israel, Sudan and the United States have "unsigned" the Statue, meaning they have declined to acknowledge the court’s authority over them. None of the United Nations member nations have ratified the Statute.

An Introduction to Criminal LawInternational Criminal Court (ICC)

Extradition occurs when one member state agrees to surrender a subject under its jurisdiction to another jurisdiction for the purpose of prosecuting that

individual for a crime the requesting member states alleges the subject committed against said member state or within its jurisdiction.

The United Nations encourages and assists member states in reaching extradition agreements between member states. This is considered a very

important tool in the fight against transnational crime.

Many member states are not willing to extradite subjects wanted in the United States, especially in cases involving the death penalty as a possible

punishment.

An Introduction to Criminal LawExtradition

The correlation between transnational crime, terrorism and corruption cannot be denied. The idea these issues can be dealt with separately is simply not clear thinking.

“Societies” that embrace terrorism as an acceptable tactic give little opportunity for legitimate social mobility and as a result, are a deterrent to economic growth and

investment within in that society; both from within and from external sources.

Terrorist groups flourish in environments where occupants, especially the youth who are often without legitimate opportunity, have limited chance for advancement within that society. Under these circumstances, terrorism often is seen as an “opportunity”, through transnational crime, thus becoming an economic alternative for members of

that society.

An Introduction to Criminal LawTerrorism and Multinational Crime

Though the world has tried, to date there is no single universally accepted, definition of terrorism can be applicable to all places and all circumstances. In 2002, the United Nations General Assembly defined (NOT universally accepted) the crime of terrorism as:

"1. Any person commits an offence within the meaning of this Convention if that person, by any means, unlawfully and intentionally, causes:(a) Death or serious bodily

injury to any person; or(b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or the environment; or(c) Damage to property, places, facilities, or systems referred to in paragraph 1 (b) of this article, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to

do or abstain from doing any act."http://www.un.org/terrorism/instruments.shtml

An Introduction to Criminal LawTerrorism- A Search For a Definition

U.S. Federal Code defines terrorism as:“Terrorism is defined in the Code of Federal Regulations as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives” (28 C.F.R. Section 0.85). ” http://www.fbi.gov/stats-services/publications/terrorism-2002-2005

The U.S. Department of Defense (DOD) defines terrorism as:“The calculated use of unlawful violence or threat of unlawful violence to inculcate fear; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.”http://terrorism.about.com/od/whatisterroris1/ss/DefineTerrorism_4.htm

An Introduction to Criminal LawUnited States Definitions

In general terms, the FBI defines terrorism as:

“a violent act, or act dangerous to human life, in violation of the criminal laws of the United States or of any state to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”

The FBI goes on to break terrorism down into Domestic and International definitions:

Domestic terrorism is defined as: “The unlawful use, or threatened use, of force or violence by a group or individual based and operating entirely within the United States or Puerto Rico without foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives.” http://www.fbi.gov/stats-services/publications/terrorism-2002-2005

An Introduction to Criminal LawTerrorism-FBI definitions (yes, there are more than one!)

• Theodore Kaczynski—“The Unabomber”• Timothy McVeigh—The Oklahoma City Bomber • Eric Robert Rudolph—The Olympic Bombing in Atlanta’s Centennial Park

Domestic terrorist “causes” range from “Constitutionalist,” survivalist, racist, extreme religious and separatist groups.

Also there are the potentially violent special-interest groups to include the anti-abortionist, animal rights and environmental extremist groups.

Regardless of the motivation, each has its own version of a future America

An Introduction to Criminal LawExamples of “Domestic” Terrorists

The FBI defines International terrorism as: “Violent acts or acts dangerous to human life that are a violation of the

criminal laws of the United States or any state, or that would be a criminal violation if committed within the jurisdiction of the United States or any

state. These acts appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or

coercion, or affect the conduct of a government by assassination or kidnapping. International terrorist acts occur outside the United States or transcend national boundaries in terms of the means by which they are

accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.”

http://www.fbi.gov/stats-services/publications/terrorism-2002-2005

An Introduction to Criminal LawTerrorism-FBI definitions

• 1988 bombing of Pan Am Flight 103• 1993 bombing of the World Trade Center • 9/11/01 World Trade Center and Pentagon attacks

International terrorist “causes” have a wide-array of causes, but most involve what they believe to be resistance to the perceived encroachment on their

homeland by foreigners (often considered “Holy Lands”).

Regardless of the motivation, much like the Domestic Terrorist, each has its own version of a future not just for America; but (in most cases) for the entire world.

An Introduction to Criminal LawExamples of “International” Terrorists

Besides differences in definition of terrorism, there appears to be some common characteristics to all terrorist activities. According to criminologist Gwynn Nettler terrorism shares six characteristics: 1. No Rules-No moral limitations on the type or degree of violence that terrorists can

use.2. No Innocents-No respecter of persons; from soldiers to children; all are game.3. Economy-Kill one, frighten 10,0004. Publicity-Terrorists seek publicity, and publicity encourages terrorism.5. Meaning-Terrorist acts give meaning and significance to the lives of terrorists.6. No Clarity-Beyond the immediate aim of destructive acts, the long-term goals of

terrorists are likely to be poorly conceived or impossible to implement. Terrorism that succeeds escalates. Schmalleger, Frank (2009). Criminology Today: An Integrative Introduction (5th Edition). Columbus, OH: Prentice Hall.

An Introduction to Criminal LawCharacteristics of Terrorist

The misguided belief many people have that all terrorists are uneducated, poor, cave-dwelling Neanderthals (in some cases this is true) is simply not

correct; many don’t fit that model. Many have proven to be college-educated individuals who came from professional two-parent middle-class families. Most of the 9/11 perpetrators were physically fit, intelligent, experienced, educated

individuals with the ability to verbally and clearly articulate their vision and mission with a strong emotional appeal.

That being said, it would be fair to say an equal number of terrorist group joiners come from dysfunctional family backgrounds who are particularly

susceptible to the seductive messages of charismatic leaders, who offer them their first positively meaningful group experience.

Thomas Robbins (1988), Cults, Converts, and Charisma: The Sociology of New Religious Movements (Newbury Park, CA: Sage Publications

An Introduction to Criminal LawBackground of a Terrorist

Separatist. Separatist groups are those with the goal of separation from existing entities through independence, political autonomy, or religious freedom or domination.Ethnocentric. Groups of this persuasion see race as the defining characteristic of a society and therefore a basis of solidity.Nationalistic. The extreme loyalty and devotion to a nation and the national consciousness derived from placing one nation‘s interests and cultural norms above those of other nation or group. Members are often extremely paranoid.Revolutionary. Dedicated to the overthrow of an established order and replacing it with a new political or social structure. Political. Political ideologies are concerned with the structure and organization of the forms of government and communities.

An Introduction to Criminal LawTerrorist Group Motivators

Religious. Obviously Islamic-extremists have been the most active in recent times, all of the major world religions have extremists that have taken up violence to further their perceived religious goals. Religiously motivated terrorists see their objectives as holy writ and therefore infallible and non-negotiable

Social. Often particular social policies issues will be so contentious they will incite extremist behavior. Frequently this is referred to as "single issue" or "special interest" terrorism. Environmental and anti-abortion groups are examples.

Domestic. These terrorists are "home-grown" and operate within and against their home country. They are frequently tied to extreme social or political factions within a particular society and focus their efforts specifically on their nation's, real or perceived socio-political issues.


International or Transnational. Often describing the support and operational reach of a group, these terms are often loosely defined and can be applied to widely different capabilities. International groups typically operate in multiple countries, but retain a geographic focus for their activities. Hezbollah for example, has cells worldwide and has conducted operations in multiple countries, but is primarily concerned with events in Lebanon and Israel. Transnational groups operate internationally, but are not tied to a particular country, or even region. Al Qaeda is transnational; being made up of many nationalities, having been based out of multiple countries simultaneously and conducting operations throughout the world. Their objectives affect dozens of countries with differing political systems, religions, ethnic compositions, and national interests.


BombingsBombings are the most common type of terrorist act. Typically,

improvised explosive devices are inexpensive and easy to make. Modern devices are smaller and are harder to detect. They contain very destructive capabilities; for example, on August 7, 1998, two American embassies in Africa were bombed. The bombings claimed the lives of over 200 people, including 12 innocent American citizens, and injured over 5,000 civilians. Terrorists can also use materials that are readily

available to the average consumer to construct a bomb.

An Introduction to Criminal LawTerrorist Methodology

Kidnappings and Hostage-Takings

Terrorists use kidnapping and hostage-taking to establish a bargaining position and to elicit publicity. Kidnapping is one of the most difficult acts for a

terrorist group to accomplish but, if a kidnapping is successful, it can gain terrorists money, release of jailed comrades and publicity for an extended period. Hostage-taking involves the seizure of a facility or location and the

taking of hostages. Unlike a kidnapping, hostage-taking provokes a confrontation with authorities. It forces authorities to either make dramatic

decisions or to comply with the terrorist’s demands. It is overt and designed to attract and hold media attention. The terrorists’ intended target is the audience

affected by the hostage’s confinement, not the hostage.


Armed Attacks and Assassinations Armed attacks include raids and ambushes. Assassinations are the killing

of a selected victim, usually by bombings or small arms. Drive-by shootings is a common technique employed by unsophisticated or loosely

organized terrorist groups. Historically, terrorists have assassinated specific individuals for psychological effect.

Arsons and Firebombings Arson and firebombings devices are cheap and easy to hide. Attacks are easily conducted that may not be as well-organized, equipped, or trained as a major terrorist organization. An arson or firebombing often portrays

an image the local government is incapable of maintaining order.


Hijackings and Skyjackings Hijacking is the seizure by force of a surface vehicle, its

passengers/cargo. Skyjacking is the taking of an aircraft, which creates a mobile, hostage barricade situation. It can give terrorists hostages from several nations and draws heavy media attention.

Cyberterrorism A new form of terrorism allows terrorists to conduct their

operations with little or no risk to themselves. It also provides terrorists an opportunity to disrupt or destroy networks and computers. The result is interruption of key government or

business-related activities.


“We must take the battle to the enemy, disrupt his plans and confront the worst threats before

they emerge. In the world we have entered, the only path to

safety is the path of action; and this nation will act.”

President George W. Bush June 1, 2002

An Introduction to Criminal LawCombating Terrorism: The Strategies

“…The United States and its partners will defeat terrorist organizations of global reach by attacking their sanctuaries; leadership; command, control, and communications; material support; and finances. This approach will have a cascading effect across the larger terrorist landscape, disrupting the terrorists’ ability to plan and operate. As a result, it will force these organizations to disperse and then attempt to reconsolidate along regional lines to improve their communications and cooperation…”

-National Strategy for Combating Terrorism (February 2003)-https://www.cia.gov/news-information/cia-the-war-on-terrorism/Counter_Terrorism_Strategy.pdf

An Introduction to Criminal LawCombating Terrorism: The

Strategies

Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, (also known as AEDPA).Introduced in 1996 following the Oklahoma City bombing and signed into law by President Bill Clinton. In a nutshell, AEDPA:

1. Banned fundraising in U.S. for international terrorist groups 2. Provided funds for terrorism-fighting measures3. Allowed the deportation of foreign terrorism suspects 4. Permitted the use of the death penalty for certain terrorist acts5. Made it a Federal crime to plan overseas terrorist attacks from within the U.S. 6. Requires taggants (a radio frequency microchip used in automated identification

and data capture) to be added to plastic explosives to facilitate identificationhttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ132.104

An Introduction to Criminal LawCombating Terrorism: The Strategies/Pre-

9/11

The USA Patriot Act of 2001The USA PATRIOT Act is an Act of the U.S. Congress (357 to 66 (House)

and 98 to 1 (Senate) and was signed into law by President George W. Bush on October 26, 2001.

The title of the act is a ten letter acronym (USA PATRIOT) that stands for:“Uniting (and) Strengthening America (by) Providing Appropriate Tools

Required (to) Intercept (and) Obstruct Terrorism Act of 2001”

An Introduction to Criminal LawCombating Terrorism: The Strategies/Post-

9/11

The USA PATRIOT Act was an emergency response to the terrorist attacks on the United States of September 11th, 2001. It was immediately considered

extremely controversial by many in the U.S. as it dramatically reduced restrictions on law enforcement’s ability to search all types of electronic

records; eased restrictions on foreign intelligence gathering; expanded the U.S. government’s authority to regulate financial transactions and broadened

the discretion of immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts.

The Act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT

Act’s expanded powers can be applied.

An Introduction to Criminal LawThe USA PATRIOT Act 2001

The Homeland Security Act (HSA) of 2002 was enacted on November 25, 2002 in the aftermath of the September 11th , 2001 attacks and subsequent mailings

of anthrax spores to several locations throughout the United States.

HSA created both the United States Department of Homeland Security and the new cabinet-level position of Secretary of Homeland Security.

It also absorbed and assumed responsibility for several organizations under which the powers of the USA PATRIOT Act are exercised (FEMA, Coast Guard and U.S. Secret

Service, Bureau of Citizenship and Immigration Services, Bureau of Customs and Border Protection, Office of State and Local Government Coordination, Office of

Private Sector Liaison and the Office of the Inspector General.)http://www.dhs.gov/xlibrary/assets/hr_5005_enr.pdf

An Introduction to Criminal LawHomeland Security Act of 2002

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) was enacted December 17, 2004 and broadly affected the U.S. Federal terrorism laws.

The Act established the position of Director of National Intelligence (DNI),the National Counterterrorism Center (NCTC) (primary U.S. organization forintegrating and analyzing terrorism intelligence and counterterrorism planning) , andthe Privacy and Civil Liberties Oversight Board.

The IRTPA requires the DHS to take over pre-flight comparisons of airline passenger information to Federal Government watch lists for international/domestic flights. The Act gave airline personnel the right to demand government-issued ID be shown if ordered by the TSA.

http://news.findlaw.com/usatoday/docs/terrorism/irtpa2004.pdf

An Introduction to Criminal LawThe Intelligence Reform and Terrorism Prevention Act of

2004

The Act was divided into 8 titles that addressed: National Security Intelligence Reform Act of 2004, Federal Bureau of Investigation, Security clearances, Transportation security, Border protection, immigration, and visa matters, Terrorism prevention, 9/11 Commission Implementation Act of 2004 and “Other matters”"Foreign Terrorist Organization" (FTOs) is a designation of non-United States-based group designated terrorist by the Secretary of State in accordance with section 219 of the U.S. Immigration and Nationality Act (INA). After being designated as an FTO, a number of legal consequences follow, including denying visas to members and blocking funds or other material support. As of September 2011, there were 49 designated FTOs.

http://www.state.gov/s/ct/rls/other/des/123085.htm

An Introduction to Criminal LawThe Intelligence Reform and Terrorism Prevention Act of 2004

Foreign Terrorist Organizations (FTOs)

The Intelligence Reform and Terrorism Prevention Act of 2004 also grants theState Department the authority to designate selected foreign governments as statesponsors of international terrorism.

The designated countries have been determined to have repeatedly provided supportfor acts of international terrorism. The four main sanctions resulting from thisdesignation include restrictions on U.S. foreign assistance; a ban on defense exports andsales; certain controls over exports of dual use items; and miscellaneous financial andother restrictions.

As of September 2011, Cuba, Iran, Sudan, and Syria were designated as state sponsors of international terrorism. http://www.state.gov/s/ct/c14151.htm

An Introduction to Criminal LawThe Intelligence Reform and Terrorism Prevention Act of 2004

State Sponsors of Terrorism

The 2006 National Strategy for Combating Terrorism laid out a two-prong national approach to combat terrorism; a short term (4-step) approach and a long-term approach.

Short Term:• Prevent attacks by terrorist networks

o Attack terrorists and their capacity to operateo Deny terrorists entry to the United States and disrupt their travel

internationallyo Defend potential targets of attack http://www.globalsecurity.org/security/library/policy/national/nsct_sep2006_sectionv.htm#longterm

An Introduction to Criminal LawThe National Strategy for Combating Terrorism (2006)

• Deny WMD to rogue states and terrorist allies who seek to use themo Determine terrorists’ intentions, capabilities, and plans to develop or acquire

WMDo Deny terrorists access to the materials, expertise, and other enabling

capabilities required to develop WMD.o Deter terrorists from employing WMDo Detect and disrupt terrorists’ attempted movement of WMD-related materials,

weapons, and personnelo Prevent and respond to a WMD-related terrorist attacko Define the nature and source of a terrorist-employed WMD device http://www.globalsecurity.org/security/library/policy/national/nsct_sep2006_sectionv.htm#longterm


• Deny terrorists the support and sanctuary of rogue stateso End state sponsorship of terrorismo Disrupt the flow of resources from rogue states to terrorists

• Deny terrorists control of any nation they would use as a base and launching pad for terroro Eliminate physical safehavens

Legal safehavens Cyber safehavens Financial safehavens http://www.globalsecurity.org/security/library/policy/national/nsct_sep2006_sectionv.htm#longterm


Long-term approach: Advancing effective democracy“The long-term solution for winning the War on Terror is the advancement of freedom and human dignity through effective democracy. Elections are the most visible sign of a free society and can play a critical role in advancing effective democracy…” “…Effective democracies honor and uphold basic human rights, including freedom of

religion, conscience, speech, assembly, association, and press. They are responsive to their citizens, submitting to the will of the people. Effective democracies exercise

effective sovereignty and maintain order within their own borders, address causes of conflict peacefully, protect independent and impartial systems of justice, punish crime,

embrace the rule of law, and resist corruption. Effective democracies also limit the reach of government, protecting the institutions of civil society. In effective

democracies, freedom is indivisible. They are the long-term antidote to the ideology of terrorism today. This is the battle of ideas.”

http://www.globalsecurity.org/security/library/policy/national/nsct_sep2006_sectionv.htm#longterm


Only history will tell us who won the debate on the future of terrorism. Whether radicalization happens in the U.S. homeland or abroad is an

important question, but for law enforcement agencies, the academic debate translates into how to provide the most effective community outreach in the

effort to prevent terrorist attacks.Law enforcement agencies cannot afford to be passive bystanders in the

discussion; they must be key contributors. Their efforts offer valuable insights into how terrorists recruit and organize. This give-and-take between research

and practice will yield greater clarity and improved decision-making for counterterrorism efforts

An Introduction to Criminal LawThe Future of Terrorism

All that being said, most agree it is safe toassume terrorism is alive and well and terroristgroups (both International and/or Domestic)will:

• Remain active throughout the world• Seek “soft” targets all over the world• Work to become more sophisticated • Seek to achieve mass casualties • Look to weak countries as new breeding grounds

for extremist recruiting and training.

An Introduction to Criminal LawThe Future of Terrorism

Ramzi Yousef Case Study

• Yousef entered the U.S. in 1992 on a false passport.• Planned and carried out the first World Trade Center bombing. • In 1993, after building the bomb in his apartment, Yousef parked a rental

truck in the WTC parking garage. After the bombing, he left the U.S. • In 1994, Yousef build another bomb in his apartment in the Philippines,

placed it on an airplane, killing one man when it exploded.• When building this bomb, his apartment caught fire and they fled.• Police recovered a computer with detailed plans for the bombing of

several American airplanes while in flight.• Currently doing life for the WTC bombing

• On August 21, 1992, U.S. Marshals, conducted an undercover surveillance on Randy Weaver’s home. When Weaver's dogs started barking, they shot one of them.

• Weaver's 14-year-old son saw the dog die and fired his gun towards the agents. He was then shot and killed by a U.S. Marshal.

• The next day, Weaver was shot by an FBI sniper. Moments later, the sniper shot and killed Weaver’s wife as she stood in the doorway of their home (unarmed).

• Eleven days after the shootout, Weaver surrendered.• In August 1995, the U.S. Government paid the Weaver family 3.1 million dollars.• Experts estimate this incident, supported by the Waco, TX tragedy, was the

catalyst that started the popularity of the Militia movement in America.

Ruby Ridge-Case Study

Lockerbie PAN AM 103- Case Study

• Kaczynski (a.k.a. “Uni-Bomber”) had a graduate degree and was a math professor at U.C. Berkley (CA).

• His single issue-terrorism involved his hate for technology.

• He mailed/delivered 13 letter/package bombs between 1978-1995, killing two people and injuring several.

• He was finally caught when his brother recognized his “Manifesto” that was published in the NY Times.

Theodore Kaczynski- Case Study

• On April 19, 1995, McVeigh parked a Rider truck, loaded with several drums of fertilizer in front of the Murray Federal Bldg. Moments later it blew up killing 168 people and injuring scores more

• Experts initially believed the bombing was the work of an International terrorist group; two hours after the explosion, McVeigh was stopped BECAUSE OF A MISSING LICENSE PLATE.

• It was several days later before the investigation lead to McVeigh. • McVeigh had ties to several Militia and anti-government groups

that advocated the New World Order ideology.

Timothy McVeigh- Case Study

• On February 28, 1993, the United States Bureau of Alcohol, Tobacco and Firearms (BATF) launched the largest assault in its history against a small “religious” sect in central Texas.

• Approximately eighty ATF agents stormed the compound, to execute search and arrest warrants.

• The raid went badly; six Branch Davidians and four agents were killed, and after a fifty-one-day standoff, the United States Justice Department approved a plan to use CS gas against those barricaded inside.

• Tanks carrying the CS gas entered the compound and dispersed the gas, • Later that day, fire broke out, and seventy-four “Branch Davidians” along

with their leader, David Koresh perished.

Waco-Case Study

An Introduction to Criminal Law Multinational Criminal Justice.

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