Chapter 4 Criminal Justice in the New Millennium: Terrorism, Homeland Security, and Cyber Crime.
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Transcript of Chapter 4 Criminal Justice in the New Millennium: Terrorism, Homeland Security, and Cyber Crime.
Contemporary Challenges of the Criminal Justice System
Emerging forms of criminal activity pose a significant threat to society
Terrorism
Cyber Crime
New threats are evolving in both complexity and seriousness.
At the same time the system must continue its efforts to control
traditional crimes.
Terrorism
Defined as premeditated, politically motivated violence perpetrated
against noncombatant targets by sub-national groups or clandestine
agents.
International terrorism involves citizens or the territory of more than
one country.
Terrorist group is any group practicing, or that has significant
subgroups that practice, international terrorism.
Terrorism (cont.)
Edmond Burke coined the term terror to describe the French
Revolution (reign of terror).
After the Russian Revolution Lenin and Trotsky made terror an
instrument of state policy.
Terror has been identified with the civil war in Ireland.
IRA (Irish Republican Army) considered to be the model for most
contemporary terrorist organizations.
No single personality trait or behavior pattern distinguishes the
majority of terrorists
Terrorism (cont.)
Psychological View of Terrorists
Behavior is result of mental illness rather than political motives.
This view is controversial and critics suggest it is incorrect, that
the stress of being a terrorist causes the mental disorders and not
visa versa.
Socialization View of Terrorists
Believe they have been victimized by an oppressor and are
taught to hate them.
Group may serve as substitute family for those who grew up in
dysfunctional families.
Terrorism (cont.)
Political/Religious/Social View
Terrorists begin as members of minority groups angered by
position of helplessness
Feel their only option is to resort to violence to effect change.
Alienation View
Motivated by feelings of alienation and failure to successfully
compete in a post-technological society.
Terrorism (cont.)
Contemporary View of Terrorists
Have diverse motives and sponsors.
Rather than purely political goals, many are motivated by
religious and cultural values.
Violence is a divine duty.
Organized in far-flung nets or cells without a unified central
command.
Target the economic infra-structure.
Homeland Security: The Criminal Justice Response to Terrorism
After the 9-11 attacks agencies began to focus on combating
terrorism.
National Commission on Terrorist Attacks Upon the United States
was created to investigate system failures and create a
comprehensive plan to prevent future attacks.
Resulted in organizational changes and creation of a Director of
National Intelligence.
Homeland Security (cont.)
Federal law enforcement agencies were realigned to combat
terrorism.
Federal Bureau of Investigation’s priority was shifted to protection
from terrorist attacks.
Other agencies were reorganized and given directives to coordinate
their efforts.
National Counterterrorism Center was established.
Homeland Security (cont.)
Department of Homeland Security (DHS) is a cabinet-level agency
responsible for:
Preventing terrorist attacks within the United States
Reducing America’s vulnerability to terrorism
Minimizing the damage and recovering from attacks that do
occur.
Homeland Security (cont.)
DHS Divisions:
Border and Transportation Security
Emergency Preparedness and Response
Chemical, Biological, Radiological, and Nuclear
Countermeasures
Information Analysis and Infrastructure Protection
Homeland Security (cont.)
Intelligence Gathering Agencies:
Federal Bureau of Investigation
Defense Intelligence Agency
National Security Agency
National Reconnaissance Office
Air Force, Army, Navy, and Marine Corps Intelligence
Coast Guard Intelligence
Homeland Security (cont.)
Intelligence Gathering Agencies (cont.):
State Department’s Bureau of Intelligence and Research
Department of Energy
Department of Treasury
Department of Homeland Security
Central Intelligence Agency
National Geospatial-Intelligence Agency (formerly the National
Imagery and Mapping Agency)
Homeland Security (cont.)
State and Local Efforts
Creation of homeland security positions.
Increased intelligence capabilities
Participation on joint task forces and other cooperative programs
The Law and Terrorism
USA Patriot Act, Oct. 2001
New powers to domestic law enforcement and international
intelligence agencies
Expand definition of terrorism
Expanded authority to deport non-citizens.
Expansion of traditional tools
Wiretaps
Search warrants
Pen/trap orders
Subpoenas
The Law and Terrorism (cont.)
Civil rights and the Patriot Act
Libertarians view the law as eroding civil rights.
Fear the act may be used to investigate those engaged in
reasonable political dissent.
Concerns over attempts to further expand police powers in future
legislation.
The Law and Terrorism (cont.)
Communications Assistance for Law Enforcement Act
Requires communications equipment to be manufactured so
police can identify the caller and intercept the communication.
Requires service providers to provide caller identification and
intercepted communications to police.
Prohibits notifying the customer of surveillance.
Cyber Crimes
May present the most important challenge for law enforcement in the
21st Century.
It is rapidly evolving with new schemes created daily.
It is difficult to detect through traditional methods.
Its control requires agencies to develop technical skills which
match those of the perpetrators.
Information technology has become the key element in economic
systems and is responsible for their globalization.
Cyber Crimes (cont.)
Types of Computer Attacks:
Virus
Trojan horse
Salami slice
Super-zapping
Logic bomb
Cyber Crimes (cont.)
The extent of computer crime each year is unknown as many
offenses go unreported.
Direct financial losses exceed 140 million dollars
Software piracy exceeds 30 billion dollars
Denial of service attacks are increasing.
Cyber Crimes (cont.)
Types of Internet Crime
Distributing Illegal Sexual Material
Denial of Service Attack
Illegal Copyright Infringement
Security Fraud
Identify Theft
Ponzi/Pyramid Schemes
Non Delivery of Goods/services
Cyber Crimes (cont.)
Cyber-Terrorism.
Premeditated, politically motivated attack against information,
computer systems, computer programs, and data which result in
violence against non combatant targets by sub national groups or
clandestine agents.
Rapid evolution of technology and proliferation of cyber crimes
has created the need for new laws.