Chapter 14 Notes
Chapter 14 Notes CRJU 101 001
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CRJU 101 001
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This 3 page Class Notes was uploaded by Richard Martin on Friday April 22, 2016. The Class Notes belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 45 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 04/22/16
Chapter 14: Homeland Security Friday, April 15, 2016 10:09 AM Terrorism • Can be domestic or international • Typically involves the use or threat of force to achieve a political or social objective • Oppression and inequality are key, but so too is religion Terrorist Tactics • Often target civilians (non-combatants) but not always ○ Ex. ISIS in Syria targets civiliansand pro-governmentforces • Can use media for propaganda ○ Ex. ISIS and American media outlets • Can also target symbolicplaces and infrastructure Differing Views on Terrorism • One's view of actions that may be deemed terroristic depends largely on where one sits politicallyand ideologically ○ Ex. 9/11, US support for the rebel movementin Syria, US support for the overthrow of regimes in the Arab Spring movement • The use of violence to overthrow repressive regimesis nothing new ○ Ex. Overthrow of the Shah in Iran Classifying Terrorism • International Terrorism: perpetrated by groups outside the US that are funded by foreign states, sub-national or extremist groups ○ Ex. ISIS, Al-Qaeda, Hezbollah,Boko Haram • Domestic Terrorism: perpetrated by groups or individualsresiding in the US that are typically not funded by groups outside the US ○ Ex. KKK, Aryan Nation, Animal Liberation Front • Lone Wolf Terrorism: perpetrated by individuals,typically not financed by any outside group ○ Ex. Dylan Roof, Nidal Hasan, Ted Kaczynski, Timothy McVeigh and Terry Nichols, Eric Rudolph Post 9/11 • Following the terrorist attacks on September 11th, 2001, the prevention of international terrorism has become the responsibility of law enforcement agencies at all levels • Counterterrorism now the primary focus of the FBI • Powers of the federal government expand ○ Ex. Creation of the Department of Homeland Security, suspension of certain civil rights of accused enemy combatants (Military commissions Act of 2006, amended in 2009) Department of Homeland Security (DHS) • Created in March 2003 as a response to unify a fragmented US criminal justice system that was ill-prepared to help prevent and respond to terrorist attacks • Approximately 100 governmentagencies fall under DHS ○ Ex. Homeland Security Investigations,Customs and Border Protection, US Secret Service • Transportation Security Administration (TSA) ○ Created by the Aviation and Transportation Security Act of November 2001 ○ 2 primary responsibilities:1) identifyingpassengers who are potential threats, (2) screening luggagefor weapons and explosives ○ The only new agency created as a result of the creation of DHS Interagency Coordination • United States Government Interagency Domestic Terrorism Concept of Operations Plan (CONPLAN) ○ Provides an organized plan for federal agencies to prevent or respond to a terrorist attack ○ Establishes a Lead Federal Agency (LFA) based on the nature of the attack Ex. FEMA, DOD, DOE, EPA, HHS Intelligence Collection • Although many places could be targets that terrorist choose to attack, it is impossiblefor the federal governmentand state and local governments to provide security for every potential target • Key distinction: FBI=Domestic intelligencecollection, CIA=foreignintelligencecollection • The 9/11 Commission Report criticized the government's intelligence sharing practices and concluded that this resulted in a failure to "connect the dots"' • Federal Agencies and Anti-terrorism ○ Joint Terrorism Task Force (JTTF): an FBI sponsored group comprised of federal, state and local law enforcement officials brought together to address specific threats Notes Page 1 together to address specific threats ○ Located in each of the FBI's 56 field offices throughout the United States ○ In addition to local JTTF branches, there is also a national JTTF located in Washington, DC which includes personnel from the following departments/agencies: DOE, DOD, Federal Emergency ManagementAgency (FEMA), CIA,US Customs and Border Protection, US Immigration and Customs Enforcement, US Secret Service • Fusion Centers ○ Established by state and local law enforcement agencies ○ Serve as intelligenceoperations centers for both homeland security and crime related matters • Law Enforcement Intelligence Units ○ Generally,local and state law enforcement agencies may only gather information on citizens when reasonable suspicion or probable cause exists ○ NYPD's Demographic Unit (disbanded in 2014) was one of the few that had gathered terrorist-related data Ex. Mosques, taxicabs, coffee shops, etc. • The IntelligenceProcess ○ Consists of 6 steps 1. Planning:an agency identifying the outcomes it wants to achieve from its intelligencecollection efforts 2. Collection: gathering and processing information □ Methods for collecting intelligence:physical surveillance,electronic surveillance,confidential informants, open source 3. Collation:process of sifting through all the information and organizing it 4. Analysis:process of converting all information to intelligence □ Raw intelligencevs actionable intelligence 5. Dissemination:process of getting intelligenceto those who need it 6. Reevaluation:reanalysis of intelligenceproducts to determine their accuracy and effectiveness Espionage Act of 1917 • Originallymade it unlawful to interfere with any US war effort or to assist in the success of the nation's enemies • The followingyear, this legislationwas expanded upon by the Sedition Act which made it unlawful to do an increasing number of things considered to run counter to the US or our war efforts ○ Ex. Sedition Act of 1918 eventually repealed, but much of the Espionage Act remains in effect Foreign Intelligence SurveillanceAct of 1978 • Essentially, allows for the collection of electronic information when there is reason to suspect that the information is of national security interest (i.e. related to terrorism or espionage) ○ Ex. Orders are issued by the Foreign IntelligenceSurveillance Court (FISC) ○ Ex. Expanded several times since 1978 Expansion of Federal Power Post 9/11 (Enemy Combatant ) • Military order of November 2001 ○ Signed by PresidentGeorge W. Bush ○ Individualsdetained in Afghanistan classified as unlawful combatants instead of prisoners of war Ex. No access to courts or counsel and held at military prisons (at the time, no diplomatic ties with Cuba) ○ Military Tribunals: comprised of judges, who must be commissioned military officers Not governed by the Uniform Code of Military Justice □ Ex. No right to habeas corpus, confront witnesses or challenge evidence (particularly national security related) • USA Patriot Act ○ Enacted in October 2001 ○ Greatly expands the federal government's enforcement powers Greater surveillance powers (authorized under Section 213 and 214 as well as the Foreign IntelligenceSurveillance Act), fewer civil rights for individualswith links to terrorism ○ Section 215: allows the FBI to seize records from a third party without probable cause when a national security purpose exists Local Issues Post 9/11 • Limited police resources and other issues ○ Local police departments encounter huge financial costs in response to terrorist attacks around the world Ex. London Bus Bombing (July 2005) ○ Cities may resemblefortresses, which leads to traffic and tourism related issues ○ Police officers must also be paid overtime and provided with proper protective equipment Border Protection and Homeland Security • Sealing the borders ○ Largely the responsibilityof Homeland Security Investigations (HSI) 2 primary responsibilities: Notes Page 2 ○ 2 primary responsibilities: 1. Securing the borders and stopping illegalimmigration 2. Ensuring employers follow federal laws in verifying whether people can legallywork in the United States • Smart Passports ○ Passports containing microchips that can be scanned electronically and contain a large amount of information about the carrier Ex. DOB, photograph, iris scans, digital fingerprints, etc. • Passenger screening and No-Fly list ○ Passenger screening is the primary responsibility of the TSA ○ No-Fly list is maintained by the Terrorist Screening Center (TSC) Primary concern: it is unknown exactly how names end up on the list • National Identification Cards ○ Although no uniform national identification card has been created and issued in the US, the REAL ID Act of 2005 sets standards for the issuance of various sources of identification, such as state driver's licenses Ex. Illinois,Minnesota, Missouri, and Washington still completely non-compliant Civil Rights Issues and Homeland Security • Free Speech ○ Typically, part of free speech is the freedom to provide support to various organizations ○ However, federal antiterrorism laws prohibit providing any form of material support to terrorist organizations • Racial Profiling ○ One concern is the indiscriminate arrest of Muslims without probable causes and abuse of the "material witness law" ○ Public opinion generallydoes not support racial profiling,however the profiling of Muslims remains a key concern post 9/11 • Rendition, Torture and the Killingof US citizens ○ Rendition: transfer of enemy combatant to another country where their due process rights are greatly diminished Largely supported by the Bush Administration after 9/11 but scaled back by the Obama Administration ○ Killingof US citizens Notably, Anwar al-Awlaki,who was killedin a 2011 drone strike in Yemen Notes Page 3
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