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Jonathan R. White


     www.cengage.com/cj/white



       Chapter 15:
    Law Enforcement
Bureaucracy and Homeland
         Security
                  Rosemary Arway
                  Hodges University
The Bureaucracy Challenge
 Currently, a variety of Senate and House
  committees are responsible for different aspects
  of security in the U.S.
  o   Federal, state, local, tribal agencies and private
      corporations
 Max Weber
  o   Coined the term of bureaucracy to describe
      professional, rational organizations designed to serve a
      purpose.
 Bureaucracy and Preventing Terrorism
 There is a controversy concerning homeland
  security bureaucracy
  o   Efficiency of consolidating power
  o   Efficiency of decentralized services
Intelligence and Bureaucracy
 FBI is a leading agency for
  counterterrorism.
 Important services are shared with
  Border Patrol, Secret Service and CIA.
 Under the intelligence reform law of
  2004 all intelligence coordination must
  take place in the National
  Counterterrorism Center (NCTC).
State, Local, and Tribal
   Law Enforcement Bureaucracies
 There are more than 800,000 state, local,
  and tribal law enforcement agencies in the
  U.S.A.
 Law enforcement executives must support
  task orientated methods in counterterrorism.
  o Task orientation focuses the actions of
    individuals and departments.
 Additionally, commitment to threat analysis
  and identification of pre-incident indicators
  have to be taken into consideration.
Border Protection
 Borders of the U.S. are vulnerable in several
  areas:
  o Long stretches of unprotected areas along the northern
    and southern borders are wide open for infiltration.
  o Over 300 seaports must be secured.
  o Air travel and entry points require security.
  o Noncitizens within U.S. borders to be accounted for.
 The DHS must coordinate the activities of different
  agencies responsible for border protection.
  o Custom Service
  o Immigration and Customs Enforcement
  o Coast Guard
Policy Disputes
   The 9-11 Commission Report addressed border
    security, recommending reforms.
   More than 500M people cross U.S. borders every
    year; 330M are foreigners.
   The system is unable to provide security or monitor
    foreigners in the U.S.
   An agency as broad as DHS will face criticism from
    various outside and inside groups with conflicting
    demands.
   DHS issues:
    o   Deployment of personnel
    o   Policies concerning international travelers
    o   Responsibility of local agencies
Immigration Debate
 Boarder Security involves issues of:
  o Tightening entry of illegal immigrants
  o Tighter controls on immigration from countries
    that may harbor hostility toward the United
    States
 Diminyatz notes four major threats related to
  protection of the southern border:
  o   Terrorism and weapon of mass destruction
  o   Drug trafficking
  o   Human smuggling
  o   Infectious diseases
Immigration Debate
 Buchanan
   o Unregulated flow of immigrants from the southern
     border opens the door to terrorist infiltration and to
     destruction of American culture.
 To correct the situation, U.S. military forces should
  be deployed along the border until civilian law
  enforcement can be consolidated and effective
  barriers can be established.
 The federal government needs to form partnership
  with local law enforcement.
   o There is a danger this would impede effective local
     law enforcement which requires contacts within
     illegal immigrant communities.
Infrastructure Protection
 Clarke – There are a number of threats facing
  the nation’s infrastructure.
  o Information systems
     ▪   Most computer systems are vulnerable to viruses.
  o Internet and computer networks that support
    transportation and economic systems are also
    vulnerable to attack.
     ▪   Shut down electrical grids and computers – shut
         down transportation and communication
  o Energy
     ▪   The nation’s power system and technological
         organizations that support it are vulnerable to
         disruptions.
Private vs. Governmental Partnership
   Private industries (i.e., General Motors, Wal-Mart)
    have excellent information gathering and security
    systems.
     o   Information used for competition and profit
   Private industries often share information with the
    government for the public good.
     o   One-way flow of information
   Police forces need to be linked with security forces
    charged with infrastructure protection.
   Cybersecurity also requires expertise beyond the
    scope of most law enforcement agencies.
Infrastructure Protection
 All levels of law enforcement are faced with the
  problems of technical specialists and access to
  privately owned portions of the infrastructure.
 Links with the public and private organizations
  are necessary.
 Linkages should be developed in two crucial
  areas:
  o Police should be linked to the security forces already
    associated with infrastructure functions.
  o State and local law enforcement agencies must
    establish formal and informal networks with the
    organizations in their jurisdictions.
Thinking Internationally
 Terrorism is an abstract concept fluctuating
  according to political circumstances.
 Security forces require people with critical
  thinking skills.
  o Abstract reasoning skills
  o Knowledge of international politics and history
     ▪ Specialized expertise in particular regions
 Law enforcement agencies in the U.S.
  generally do not have skilled specialists.
  o Presents problems as DHS tries to create
    information networks.
Rivalries
 Federal agencies, at times, act more like rivals
  than partners.
  o 9-11 Commission noted this in its report.
 Federal agencies’ failure to cooperate with
  each other can influence local police
  relationships.
 Many police executives in the U.S. are not
  convinced the FBI is in partnership with efforts
  to stop terrorism.
 If law enforcement in the U.S. is to become
  part of homeland defense, the relationship
  between the FBI and local law enforcement
  must improve.
Local Control and Revenue Sources
 Civil libertarians believe consolidated police
  power will erode civil rights.
 Local government officials worry their agendas
  will be lost in the federal maze.
 Costs of homeland security responsibilities adds
  a level of frustration to local governments.
  o Some jurisdictions want homeland security money
    distributed evenly.
  o Larger jurisdictions argue that money should be
    distributed according to likelihood of attack.
  o Others are concerned that homeland security
    grants are given to local governments for bizarre
    reasons.
     ▪ $36,000 to the state of Kentucky to keep terrorists
       from infiltrating bingo halls.
Border Security: Critique and Reform

 Bureaucracies in the U.S. are squandering the
  opportunity to defend it.
 Flynn – U.S. has made two crucial mistakes:
   o Homeland security separated from national
     security.
   o Under-qualified personnel that cannot maintain
     national security.
 U.S. has not organized its resources for
  defense.
 Prepared to fight overseas while neglecting to
  protect the home front.
Border Security: Critique and Reform
 Flynn – According to the CIA, weapons of
  mass destruction would most likely be
  smuggled into the U.S. by sea.
   o Difficult to inspect all of the cargo containers in
     seaports.
   o Oceans represent an opportunity for terrorists.
 Bush administration has done very little to
  protect the nation’s seaports.
   o U.S., in 2004, spent more money every three
     days to fight the war in Iraq than it has in three
     years of protecting seaports.
Border Security: Critique and Reform

 Nation’s critical infrastructure remains
  open to attack.
  o Department of Defense, in 2005, was allotted
    $7.6 billion to enhance the fortifications of its
    bases.
      In the same budget, the infrastructure for the entire
       nation received $2.6 billion.
  o Dirty bombs and chemical threats can be
    developed from hazardous material.
      Over the past three years funds to secure the
       disposal of such material have been drastically
       reduced.
Border Security: Critique and Reform
 While enhanced border security is
  necessary, this alone will not protect the
  U.S. against a terrorist attack.
 Jihadists are fully aware of vulnerabilities
  in the infrastructure.
 Safest and most effect way to hit the
  U.S. is to hit the infrastructure.
   o Jihadists understand the economic effect of
     their actions.
Border Security: Critique and Reform
 Flynn – Development of an integrated
  system against terrorism would reduce
  the drug trade, contraband smuggling,
  and theft.
 Law enforcement agencies should look
  for weaknesses in the system, probe
  them, and make changes based on the
  results.
 Not every attack can be prevented;
  however, most terrorism can be deterred
  through cooperative partnership.
Successful Law Enforcement
 New approaches to the law enforcement mission:
  o Police must be prepared to look beyond the arrest
    situations to communicate intelligence beyond local
    jurisdiction.
  o Local police can expand their skills in detecting and
    reporting deceptive behavior.
  o Homeland Security must develop emergency
    response plans that would define roles and
    responsibilities to be put into place after an incident.
  o Joint terrorism Task Forces
     ▪   System that separates criminal and national security
         intelligence.
JTTF System
 The JTTF system may serve as an
  example for the first step in law
  enforcement cooperation.
 Regional units designed to combat
  terrorism combine
  o   Local police officers
  o   State police officers
  o   Various federal police officers
  o   Prosecutors
  o   Correctional officers
JTTF System
 Local and state officers are given
  federal authority; these officers’
  presence give federal agents the
  ability to act in local jurisdictions.
 Local police are in a perfect position
  to engage in intelligence gathering
  activities.
  o France
  o Germany
  o Canadians and British

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White7e ppt ch15

  • 1. Jonathan R. White www.cengage.com/cj/white Chapter 15: Law Enforcement Bureaucracy and Homeland Security Rosemary Arway Hodges University
  • 2. The Bureaucracy Challenge  Currently, a variety of Senate and House committees are responsible for different aspects of security in the U.S. o Federal, state, local, tribal agencies and private corporations  Max Weber o Coined the term of bureaucracy to describe professional, rational organizations designed to serve a purpose.  Bureaucracy and Preventing Terrorism  There is a controversy concerning homeland security bureaucracy o Efficiency of consolidating power o Efficiency of decentralized services
  • 3. Intelligence and Bureaucracy  FBI is a leading agency for counterterrorism.  Important services are shared with Border Patrol, Secret Service and CIA.  Under the intelligence reform law of 2004 all intelligence coordination must take place in the National Counterterrorism Center (NCTC).
  • 4. State, Local, and Tribal Law Enforcement Bureaucracies  There are more than 800,000 state, local, and tribal law enforcement agencies in the U.S.A.  Law enforcement executives must support task orientated methods in counterterrorism. o Task orientation focuses the actions of individuals and departments.  Additionally, commitment to threat analysis and identification of pre-incident indicators have to be taken into consideration.
  • 5. Border Protection  Borders of the U.S. are vulnerable in several areas: o Long stretches of unprotected areas along the northern and southern borders are wide open for infiltration. o Over 300 seaports must be secured. o Air travel and entry points require security. o Noncitizens within U.S. borders to be accounted for.  The DHS must coordinate the activities of different agencies responsible for border protection. o Custom Service o Immigration and Customs Enforcement o Coast Guard
  • 6. Policy Disputes  The 9-11 Commission Report addressed border security, recommending reforms.  More than 500M people cross U.S. borders every year; 330M are foreigners.  The system is unable to provide security or monitor foreigners in the U.S.  An agency as broad as DHS will face criticism from various outside and inside groups with conflicting demands.  DHS issues: o Deployment of personnel o Policies concerning international travelers o Responsibility of local agencies
  • 7. Immigration Debate  Boarder Security involves issues of: o Tightening entry of illegal immigrants o Tighter controls on immigration from countries that may harbor hostility toward the United States  Diminyatz notes four major threats related to protection of the southern border: o Terrorism and weapon of mass destruction o Drug trafficking o Human smuggling o Infectious diseases
  • 8. Immigration Debate  Buchanan o Unregulated flow of immigrants from the southern border opens the door to terrorist infiltration and to destruction of American culture.  To correct the situation, U.S. military forces should be deployed along the border until civilian law enforcement can be consolidated and effective barriers can be established.  The federal government needs to form partnership with local law enforcement. o There is a danger this would impede effective local law enforcement which requires contacts within illegal immigrant communities.
  • 9. Infrastructure Protection  Clarke – There are a number of threats facing the nation’s infrastructure. o Information systems ▪ Most computer systems are vulnerable to viruses. o Internet and computer networks that support transportation and economic systems are also vulnerable to attack. ▪ Shut down electrical grids and computers – shut down transportation and communication o Energy ▪ The nation’s power system and technological organizations that support it are vulnerable to disruptions.
  • 10. Private vs. Governmental Partnership  Private industries (i.e., General Motors, Wal-Mart) have excellent information gathering and security systems. o Information used for competition and profit  Private industries often share information with the government for the public good. o One-way flow of information  Police forces need to be linked with security forces charged with infrastructure protection.  Cybersecurity also requires expertise beyond the scope of most law enforcement agencies.
  • 11. Infrastructure Protection  All levels of law enforcement are faced with the problems of technical specialists and access to privately owned portions of the infrastructure.  Links with the public and private organizations are necessary.  Linkages should be developed in two crucial areas: o Police should be linked to the security forces already associated with infrastructure functions. o State and local law enforcement agencies must establish formal and informal networks with the organizations in their jurisdictions.
  • 12. Thinking Internationally  Terrorism is an abstract concept fluctuating according to political circumstances.  Security forces require people with critical thinking skills. o Abstract reasoning skills o Knowledge of international politics and history ▪ Specialized expertise in particular regions  Law enforcement agencies in the U.S. generally do not have skilled specialists. o Presents problems as DHS tries to create information networks.
  • 13. Rivalries  Federal agencies, at times, act more like rivals than partners. o 9-11 Commission noted this in its report.  Federal agencies’ failure to cooperate with each other can influence local police relationships.  Many police executives in the U.S. are not convinced the FBI is in partnership with efforts to stop terrorism.  If law enforcement in the U.S. is to become part of homeland defense, the relationship between the FBI and local law enforcement must improve.
  • 14. Local Control and Revenue Sources  Civil libertarians believe consolidated police power will erode civil rights.  Local government officials worry their agendas will be lost in the federal maze.  Costs of homeland security responsibilities adds a level of frustration to local governments. o Some jurisdictions want homeland security money distributed evenly. o Larger jurisdictions argue that money should be distributed according to likelihood of attack. o Others are concerned that homeland security grants are given to local governments for bizarre reasons. ▪ $36,000 to the state of Kentucky to keep terrorists from infiltrating bingo halls.
  • 15. Border Security: Critique and Reform  Bureaucracies in the U.S. are squandering the opportunity to defend it.  Flynn – U.S. has made two crucial mistakes: o Homeland security separated from national security. o Under-qualified personnel that cannot maintain national security.  U.S. has not organized its resources for defense.  Prepared to fight overseas while neglecting to protect the home front.
  • 16. Border Security: Critique and Reform  Flynn – According to the CIA, weapons of mass destruction would most likely be smuggled into the U.S. by sea. o Difficult to inspect all of the cargo containers in seaports. o Oceans represent an opportunity for terrorists.  Bush administration has done very little to protect the nation’s seaports. o U.S., in 2004, spent more money every three days to fight the war in Iraq than it has in three years of protecting seaports.
  • 17. Border Security: Critique and Reform  Nation’s critical infrastructure remains open to attack. o Department of Defense, in 2005, was allotted $7.6 billion to enhance the fortifications of its bases.  In the same budget, the infrastructure for the entire nation received $2.6 billion. o Dirty bombs and chemical threats can be developed from hazardous material.  Over the past three years funds to secure the disposal of such material have been drastically reduced.
  • 18. Border Security: Critique and Reform  While enhanced border security is necessary, this alone will not protect the U.S. against a terrorist attack.  Jihadists are fully aware of vulnerabilities in the infrastructure.  Safest and most effect way to hit the U.S. is to hit the infrastructure. o Jihadists understand the economic effect of their actions.
  • 19. Border Security: Critique and Reform  Flynn – Development of an integrated system against terrorism would reduce the drug trade, contraband smuggling, and theft.  Law enforcement agencies should look for weaknesses in the system, probe them, and make changes based on the results.  Not every attack can be prevented; however, most terrorism can be deterred through cooperative partnership.
  • 20. Successful Law Enforcement  New approaches to the law enforcement mission: o Police must be prepared to look beyond the arrest situations to communicate intelligence beyond local jurisdiction. o Local police can expand their skills in detecting and reporting deceptive behavior. o Homeland Security must develop emergency response plans that would define roles and responsibilities to be put into place after an incident. o Joint terrorism Task Forces ▪ System that separates criminal and national security intelligence.
  • 21. JTTF System  The JTTF system may serve as an example for the first step in law enforcement cooperation.  Regional units designed to combat terrorism combine o Local police officers o State police officers o Various federal police officers o Prosecutors o Correctional officers
  • 22. JTTF System  Local and state officers are given federal authority; these officers’ presence give federal agents the ability to act in local jurisdictions.  Local police are in a perfect position to engage in intelligence gathering activities. o France o Germany o Canadians and British