Chapter 4Criminal 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.

Cyber Crimes (cont.)

Enforcing Cyber Laws.

Most efforts are at the federal level using existing agencies.

Specialized enforcement agencies have been created to combine

the resources of state and local agencies to address the issue.

Private Security Efforts