1. CJ 2011
James A. Fagin
Chapter 13:
Homeland Security

2. After completion of this chapter, students should be able
to:
Explain how terrorism has affected the criminal justice system
Detail how the United States reorganized law enforcement
agencies to respond to terrorism
Give examples of how fear of terrorist attacks influence
legislation, homeland security strategies, and search and seizure
Specify concerns about the impact of homeland security
legislation and law enforcement powers with regard to
constitutional rights
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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3.  Terrorism is a strategy of using random, violent
attacks on noncombatants, symbolic building
and landmarks, and infrastructure of a society
to cause widespread fear
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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4. Domestic terrorism involves acts such as:
 Militias and extremist groups, such as
Timothy McVeigh, Oklahoma City Bombing
 Single-issue extremist groups, such as
anti-abortion groups
 Ecoterrorist, such as Animal Liberation
Front (ALF), and Earth Liberation Front
(ELF)
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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5.  Prior to the September 11, 2001, the criminal
justice system lacked resources to counter
international terrorism
 USA Patriot Act gives federal law enforcement
agencies expanded powers
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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6.  The DHS consolidated 22 federal agencies and
180,000 employees to create a single agency
 Transportation Security Administration (TSA) created
for airport security and passenger screening, deployed
over 20,000 baggage screeners in 2002
 FAA reports have been critical of baggage screeners’
ability to prevent passengers with potential weapons
or explosives from boarding
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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7.  Enemy Combatant Executive Order allows
captured persons to be detained in military
prisons, without charges, without access to an
attorney, nor other constitutional rights
 Civil rights proponents argue that
circumventing the criminal justice system is a
danger to civil liberties
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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8.  Allows police to use roving wiretaps to track
any phone a terrorist suspect might use
 Permits law enforcement to conduct searches
with delayed notifications
 Section 215 of Patriot act allows searches of
business, medical, bookstore or library records
without probable cause
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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9.  Fear of attacks is transforming cities into urban
fortresses
 Threats are costing police departments millions of
dollars in overtime costs, training, and equipment
 Few departments have the budget to provide officers
with the necessary training and equipment to prepare
for a biological, chemical, or nuclear terrorist attack
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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10.  There is concern that illegal immigrants could
obtain jobs as airline mechanics, at nuclear
facilities, or at other infrastructure facilities
 Immigration and Customs Enforcement (ICE)
conducts investigations to determine if illegal
immigrants are employed in such facilities
 Government adopts ‘Smart Passports’ containing
microchips with personal data, and a radio
frequency identification system
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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11.  DHS has been criticized as ‘overly aggressive’
 racial profiling
 no-fly list
 The 9/11 Commission criticized immigration
polices as neither preventing potential terrorists
from entering the country, nor clearly
identifying them
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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12.  ICE deports approximately 80,000 illegal
immigrants for criminal activity
 In 2008, ICE arrested over 1,000 alleged gang
members of which most eligible for deportation
 DHS has advocated adaption of a ‘National ID
Card’
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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13.  Cyber attacks can be executed from anywhere
in the world
 Difficult to establish the source of attacks
 Extremist groups use the Internet to recruit new
members, provide online training for jihadists,
and disseminate propaganda
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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14.  Congress has provided law enforcement
officials with new powers that diminish Fourth
Amendment rights
 FBI has new powers to conduct domestic
intelligence and to monitor the political activist
groups that diminish First Amendment rights
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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15.  Material witness law allows federal authorities
to hold a person indefinitely without bringing
charges
 U.S. Supreme Court (2008) ruled that terrorist
suspects held at the Guantanamo Bay naval
base had constitutional rights to challenge their
detention
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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16.  Rendition: illegal transportation of a person to
a foreign country for the purpose of having
officials of that country interrogate the person
using torture
 Waterboarding was used under the Bush
administration in the interrogation of al-Qaeda
leaders
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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17.  Role of local police and the need for coordinating
multiagency response to terrorism have exposed
critical shortcomings in training and equipment
 War on Terrorism has resulted in reexamination of
some of the most basic practices of the criminal justice
system
 Criminal Justice scholars and student must ask, What
are the best practices for responding to terrorism?
CJ 2011 © 2011 Pearson Higher Education,
James A. Fagin Upper Saddle River, NJ 07458. • All Rights Reserved.
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