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An Introduction to Criminal Law
Multinational 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
abroadPassage 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 Law
The Globalization of Crime
Transnational crime partly stems from globalization—the
internationalization of
trade, services, investment, information and other forms of
human social activity.
As defined by the United Nations, transnational crimes are
unlawful activities
undertaken by organized criminal groups operating across
national boundaries and
include:Terrorism Drug traffickingMoney launderingAlien
smugglingHuman and weapons traffickingFraud and
corruptiontreaties.un.org/doc/source/RecentTexts/18-12E.doc
An Introduction to Criminal Law
Transnational crime
The United Nations classifies a crimes a Transactional crime if:
It is committed in more than one country.It is committed in one
country but a substantial part of its preparation, planning,
direction, or control takes place in another country.It is
committed in one country but involves an organized criminal
group that engages in criminal activities in more than one
country.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 Law
Transnational 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 Law
Comparative 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 Law
Ethnocentrism 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 practicesINTERPOL & 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
comparisons
impossible: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 Law
Other Impediments to Comparative Criminology
The United Nations (UN) is the largest and most
Inclusive International body in the world. Consists of 193
member states Is Headquartered in New York City, New
YorkExpends a great amount of resources studying international
crime prevention and world criminal justice systems
An Introduction to Criminal Law
International 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:Advance understanding of crime-related
problemsFoster just and efficient criminal justice
systemsSupport the respect of international instruments and
other standardsFacilitate international law enforcement
cooperation and judicial assistance.
http://www.unicri.it/institute/
An Introduction to Criminal Law
United Nations Interregional Crime and Justice Research
Institute
UNICRI' s activities include efforts in the field of crime
prevention and criminal justice. Areas of
concern/concentration include corruption, security, organized
crime such as human trafficking, illicit
Drugs and arms. Other areas of include violence, both domestic
and in the workplace; environmental
And cyber-crimes; protection of victims and cultural heritage.
UNICRI also conducts major programs
in criminal justice reform, with a special focus on juvenile
justice. Work and recommendations of the United
Nations include:
International Bill of Human RightsStandard Minimum Rules for
the Treatment of PrisonersUN Code of Conduct for Law
Enforcement OfficialsThe UN World Crime SurveysOffice for
Drug Control and Crime Prevention (ODCCP)International
congress on crime (held every five years)2000 UN Protocol to
Prevent, Suppress and Punish trafficking in Persons, Especially
Women and Children
http://www.unicri.it/institute/
An Introduction to Criminal Law
United Nations Major Contributions to Criminal Justice
INTERPOL is an international law enforcement support
organization.Began operations in 1923 Has 188 member
nationsHeadquartered in Lyons, France
INTERPOL acts as a clearinghouse for information on suspects
and offenses
operating 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 Law
International 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 Law
INTERPOL
Europol became fully operational on 1 July 1999. It is the
integrated police intelligence gathering and
dissemination 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 Law
European Police Office (Europol)
The International Criminal Court (ICC) was created to deal with
crimes of
international 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 Law
International 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 Law
Extradition
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 Law
Terrorism 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 Law
Terrorism- 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/DefineTerroris
m_4.htm
An Introduction to Criminal Law
United 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 Law
Terrorism-FBI definitions (yes, there are more than one!)
Theodore Kaczynski—“The Unabomber”Timothy McVeigh—
The Oklahoma City Bomber Eric Robert Rudolph—The Olympic
Bombing inAtlanta’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 Law
Examples 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 Law
Terrorism-FBI definitions
1988 bombing of Pan Am Flight 1031993 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 Law
Examples 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: No Rules-No moral limitations on the type or
degree of violence that terrorists can use.No Innocents-No
respecter of persons; from soldiers to children; all are
game.Economy-Kill one, frighten 10,000Publicity-Terrorists
seek publicity, and publicity encourages terrorism.Meaning-
Terrorist acts give meaning and significance to the lives of
terrorists.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 Law
Characteristics 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 Law
Background 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 Law
Terrorist 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.
An Introduction to Criminal Law
Terrorist Group Motivators
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.
An Introduction to Criminal Law
Terrorist Group Motivators
Bombings
Bombings 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 Law
Terrorist 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.
An Introduction to Criminal Law
Terrorist Methodology
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.
An Introduction to Criminal Law
Terrorist Methodology
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.
An Introduction to Criminal Law
Terrorist Methodology
“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 Law
Combating 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 Law
Combating 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:
Banned fundraising in U.S. for international terrorist groups
Provided funds for terrorism-fighting measuresAllowed the
deportation of foreign terrorism suspects Permitted the use of
the death penalty for certain terrorist actsMade it a Federal
crime to plan overseas terrorist attacks from within the U.S.
Requires taggants (a radio frequency microchip used
in automated identification and data capture) to be added to
plastic explosives to facilitate identification
http://frwebgate.access.gpo.gov/cgi-
bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ13
2.104
An Introduction to Criminal Law
Combating Terrorism: The Strategies/Pre-9/11
The USA Patriot Act of 2001
The 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 Law
Combating 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 Law
The 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 Law
Homeland 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 for
integrating and analyzing terrorism intelligence and
counterterrorism planning) , and
the 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 Law
The 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 Law
The Intelligence Reform and Terrorism Prevention Act of 2004
Foreign Terrorist Organizations (FTOs)
The Intelligence Reform and Terrorism Prevention Act of 2004
also grants the
State Department the authority to designate selected foreign
governments as state
sponsors of international terrorism.
The designated countries have been determined to have
repeatedly provided support
for acts of international terrorism. The four main sanctions
resulting from this
designation include restrictions on U.S. foreign assistance; a
ban on defense exports and
sales; certain controls over exports of dual use items; and
miscellaneous financial and
other 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 Law
The 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 networksAttack
terrorists and their capacity to operateDeny terrorists entry to
the United States and disrupt their travel internationallyDefend
potential targets of
attackhttp://www.globalsecurity.org/security/library/policy/nati
onal/nsct_sep2006_sectionv.htm#longterm
An Introduction to Criminal Law
The National Strategy for Combating Terrorism (2006)
Deny WMD to rogue states and terrorist allies who seek to use
themDetermine terrorists’ intentions, capabilities, and plans to
develop or acquire WMDDeny terrorists access to the materials,
expertise, and other enabling capabilities required to develop
WMD.Deter terrorists from employing WMDDetect and disrupt
terrorists’ attempted movement of WMD-related materials,
weapons, and personnelPrevent and respond to a WMD-related
terrorist attackDefine the nature and source of a terrorist-
employed WMD
devicehttp://www.globalsecurity.org/security/library/policy/nati
onal/nsct_sep2006_sectionv.htm#longterm
An Introduction to Criminal Law
The National Strategy for Combating Terrorism (2006)
Deny terrorists the support and sanctuary of rogue statesEnd
state sponsorship of terrorismDisrupt the flow of resources from
rogue states to terroristsDeny terrorists control of any nation
they would use as a base and launching pad for terrorEliminate
physical safehavensLegal safehavensCyber safehavensFinancial
safehavenshttp://www.globalsecurity.org/security/library/policy
/national/nsct_sep2006_sectionv.htm#longterm
An Introduction to Criminal Law
The National Strategy for Combating Terrorism (2006)
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/n
sct_sep2006_sectionv.htm#longterm
An Introduction to Criminal Law
The National Strategy for Combating Terrorism (2006)
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 Law
The Future of Terrorism
All that being said, most agree it is safe to
assume terrorism is alive and well and terrorist
groups (both International and/or Domestic)
will:
Remain active throughout the worldSeek “soft” targets all over
the worldWork 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 Law
The 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
moreExperts 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

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An Introduction to Criminal LawMultinational Criminal .docx

  • 1. An Introduction to Criminal Law Multinational 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 abroadPassage 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 Law The Globalization of Crime Transnational crime partly stems from globalization—the internationalization of trade, services, investment, information and other forms of human social activity. As defined by the United Nations, transnational crimes are unlawful activities undertaken by organized criminal groups operating across national boundaries and include:Terrorism Drug traffickingMoney launderingAlien smugglingHuman and weapons traffickingFraud and
  • 2. corruptiontreaties.un.org/doc/source/RecentTexts/18-12E.doc An Introduction to Criminal Law Transnational crime The United Nations classifies a crimes a Transactional crime if: It is committed in more than one country.It is committed in one country but a substantial part of its preparation, planning, direction, or control takes place in another country.It is committed in one country but involves an organized criminal group that engages in criminal activities in more than one country.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 Law Transnational 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
  • 3. An Introduction to Criminal Law Comparative 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 Law Ethnocentrism 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 practicesINTERPOL & 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
  • 4. Some countries are not as open with their criminal, thus making comparisons impossible: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 Law Other Impediments to Comparative Criminology The United Nations (UN) is the largest and most Inclusive International body in the world. Consists of 193 member states Is Headquartered in New York City, New YorkExpends a great amount of resources studying international crime prevention and world criminal justice systems An Introduction to Criminal Law International 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:Advance understanding of crime-related problemsFoster just and efficient criminal justice systemsSupport the respect of international instruments and other standardsFacilitate international law enforcement cooperation and judicial assistance. http://www.unicri.it/institute/ An Introduction to Criminal Law
  • 5. United Nations Interregional Crime and Justice Research Institute UNICRI' s activities include efforts in the field of crime prevention and criminal justice. Areas of concern/concentration include corruption, security, organized crime such as human trafficking, illicit Drugs and arms. Other areas of include violence, both domestic and in the workplace; environmental And cyber-crimes; protection of victims and cultural heritage. UNICRI also conducts major programs in criminal justice reform, with a special focus on juvenile justice. Work and recommendations of the United Nations include: International Bill of Human RightsStandard Minimum Rules for the Treatment of PrisonersUN Code of Conduct for Law Enforcement OfficialsThe UN World Crime SurveysOffice for Drug Control and Crime Prevention (ODCCP)International congress on crime (held every five years)2000 UN Protocol to Prevent, Suppress and Punish trafficking in Persons, Especially Women and Children http://www.unicri.it/institute/ An Introduction to Criminal Law United Nations Major Contributions to Criminal Justice INTERPOL is an international law enforcement support organization.Began operations in 1923 Has 188 member nationsHeadquartered in Lyons, France INTERPOL acts as a clearinghouse for information on suspects
  • 6. and offenses operating 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 Law International 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 Law INTERPOL
  • 7. Europol became fully operational on 1 July 1999. It is the integrated police intelligence gathering and dissemination 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 Law European Police Office (Europol) The International Criminal Court (ICC) was created to deal with crimes of international 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
  • 8. 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 Law International 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 Law Extradition 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
  • 9. 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 Law Terrorism 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 Law Terrorism- A Search For a Definition
  • 10. 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/DefineTerroris m_4.htm An Introduction to Criminal Law United 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:
  • 11. 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 Law Terrorism-FBI definitions (yes, there are more than one!) Theodore Kaczynski—“The Unabomber”Timothy McVeigh— The Oklahoma City Bomber Eric Robert Rudolph—The Olympic Bombing inAtlanta’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 Law Examples 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
  • 12. 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 Law Terrorism-FBI definitions 1988 bombing of Pan Am Flight 1031993 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 Law Examples 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
  • 13. characteristics: No Rules-No moral limitations on the type or degree of violence that terrorists can use.No Innocents-No respecter of persons; from soldiers to children; all are game.Economy-Kill one, frighten 10,000Publicity-Terrorists seek publicity, and publicity encourages terrorism.Meaning- Terrorist acts give meaning and significance to the lives of terrorists.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 Law Characteristics 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
  • 14. An Introduction to Criminal Law Background 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 Law Terrorist 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.
  • 15. 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. An Introduction to Criminal Law Terrorist Group Motivators 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. An Introduction to Criminal Law Terrorist Group Motivators Bombings Bombings are the most common type of terrorist act. Typically, improvised explosive devices are inexpensive and easy to make.
  • 16. 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 Law Terrorist 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. An Introduction to Criminal Law Terrorist Methodology Armed Attacks and Assassinations Armed attacks include raids and ambushes. Assassinations are
  • 17. 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. An Introduction to Criminal Law Terrorist Methodology 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. An Introduction to Criminal Law
  • 18. Terrorist Methodology “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 Law Combating 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 Law Combating Terrorism: The Strategies Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
  • 19. 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: Banned fundraising in U.S. for international terrorist groups Provided funds for terrorism-fighting measuresAllowed the deportation of foreign terrorism suspects Permitted the use of the death penalty for certain terrorist actsMade it a Federal crime to plan overseas terrorist attacks from within the U.S. Requires taggants (a radio frequency microchip used in automated identification and data capture) to be added to plastic explosives to facilitate identification http://frwebgate.access.gpo.gov/cgi- bin/getdoc.cgi?dbname=104_cong_public_laws&docid=f:publ13 2.104 An Introduction to Criminal Law Combating Terrorism: The Strategies/Pre-9/11 The USA Patriot Act of 2001 The 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 Law Combating Terrorism: The Strategies/Post-9/11
  • 20. 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 Law The 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
  • 21. 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 Law Homeland 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 for integrating and analyzing terrorism intelligence and counterterrorism planning) , and the 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 Law The 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
  • 22. 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 Law The Intelligence Reform and Terrorism Prevention Act of 2004 Foreign Terrorist Organizations (FTOs) The Intelligence Reform and Terrorism Prevention Act of 2004 also grants the State Department the authority to designate selected foreign governments as state sponsors of international terrorism. The designated countries have been determined to have repeatedly provided support for acts of international terrorism. The four main sanctions resulting from this designation include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and
  • 23. other 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 Law The 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 networksAttack terrorists and their capacity to operateDeny terrorists entry to the United States and disrupt their travel internationallyDefend potential targets of attackhttp://www.globalsecurity.org/security/library/policy/nati onal/nsct_sep2006_sectionv.htm#longterm An Introduction to Criminal Law The National Strategy for Combating Terrorism (2006) Deny WMD to rogue states and terrorist allies who seek to use themDetermine terrorists’ intentions, capabilities, and plans to develop or acquire WMDDeny terrorists access to the materials, expertise, and other enabling capabilities required to develop WMD.Deter terrorists from employing WMDDetect and disrupt terrorists’ attempted movement of WMD-related materials, weapons, and personnelPrevent and respond to a WMD-related
  • 24. terrorist attackDefine the nature and source of a terrorist- employed WMD devicehttp://www.globalsecurity.org/security/library/policy/nati onal/nsct_sep2006_sectionv.htm#longterm An Introduction to Criminal Law The National Strategy for Combating Terrorism (2006) Deny terrorists the support and sanctuary of rogue statesEnd state sponsorship of terrorismDisrupt the flow of resources from rogue states to terroristsDeny terrorists control of any nation they would use as a base and launching pad for terrorEliminate physical safehavensLegal safehavensCyber safehavensFinancial safehavenshttp://www.globalsecurity.org/security/library/policy /national/nsct_sep2006_sectionv.htm#longterm An Introduction to Criminal Law The National Strategy for Combating Terrorism (2006) 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
  • 25. 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/n sct_sep2006_sectionv.htm#longterm An Introduction to Criminal Law The National Strategy for Combating Terrorism (2006) 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 Law The Future of Terrorism All that being said, most agree it is safe to assume terrorism is alive and well and terrorist groups (both International and/or Domestic) will: Remain active throughout the worldSeek “soft” targets all over the worldWork to become more sophisticated Seek to achieve
  • 26. mass casualties Look to weak countries as new breeding grounds for extremist recruiting and training. An Introduction to Criminal Law The 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.
  • 27. 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 moreExperts 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.
  • 28. 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