Creating a Nationalized Police Force
A Proposal for Federal Oversight of Militarized Law
Enforcement
American Military University – Huard B. Harral
MILS699, Dr. Kane
Table of Contents
Introduction .......................................................................................................................... 7
Chapter 1: History of Military Use in Domestic Applications ................................................. 33
Chapter 2: History of Law Enforcement’s role in Critical Incidents ....................................... 37
Chapter 3: Historical Domestic Terrorist Events ................................................................... 40
Chapter 4: Domestic Terrorist Group Motivations ............................................................... 42
Political Domestic Terrorists ......................................................................................................... 45
Criminal Domestic Terrorists ........................................................................................................ 48
Chapter 5: Analysis of Current Operational Environment..................................................... 50
American Law Enforcement.......................................................................................................... 50
Law Enforcement Training ................................................................................................................. 52
European Policing Model ............................................................................................................. 60
United States Military – National Guard ....................................................................................... 64
Military Police Training....................................................................................................................... 65
Assessment.................................................................................................................................. 66
Chapter 6: International Terrorist Group Motivations .......................................................... 67
Chapter 7: Findings and Analysis .......................................................................................... 80
Chapter 8: Conclusions and Recommendations .................................................................... 85
Appendix 1 – Domestic Hate/Terrorist Groups within the United States ............................... 94
Anti-Muslim Hate Groups ............................................................................................................. 94
Black Separatists Hate Groups ...................................................................................................... 95
Anti LGBT Hate Groups ................................................................................................................. 95
Ku Klux Klan Hate Groups ............................................................................................................. 96
Neo-Confederate Hate Groups ..................................................................................................... 96
Neo-Nazi Hate Groups .................................................................................................................. 97
Racist Skinhead Hate Groups ........................................................................................................ 97
White Nationalists Hate Groups ................................................................................................... 98
Appendix 2 – Law Enforcement and Military Police Organizational Charts ............................ 99
Texas Department of Public Safety ............................................................................................. 100
Abilene, Texas, Police Department ............................................................................................. 101
Dallas, Texas Police Department................................................................................................. 102
Jacksonville, Florida, Sheriff’s Office ........................................................................................... 103
Palm Beach County (Florida) Sheriff’s Office ............................................................................... 104
Appendix 3 – American Criminal Justice Degree Programs – American Military University .. 105
Associates Degree – Criminal Justice – American Military University ........................................... 106
Bachelor of Arts Degree – Criminal Justice – American Military University ................................... 108
Bachelor of Science – Criminal Justice/Forensics – American Military University .......................... 112
Masters of Arts – Criminal Justice – American Military University ................................................ 115
Bibliography ...................................................................................................................... 118
Table of Figures
Figure 1: Use of Force Continuum ..................................... Ошибка! Закладка не определена.
Figure 2: Model of Community Policing Adoption ............ Ошибка! Закладка не определена.
Figure 3: Active Antigovernment Groups .......................... Ошибка! Закладка не определена.
Figure 4:Antigovernment Groups 1995 – 2016 .................. Ошибка! Закладка не определена.
Figure 5: Antigovernment Patriot Groups .................................................................................... 48
Figure 6: Distribution of Law Enforcement Training Recruits ................. Ошибка! Закладка не
определена.
Figure 7: Training Environment for Law Enforcement ...... Ошибка! Закладка не определена.
Figure 8: Length of Training Program - Hours ............................................................................. 55
Figure 9: Number of Class During Training - Law Enforcement ................................................. 57
Figure 10: Training Course Subject Areas - Law Enforcement ................................................... 58
Figure 11: Anti-Muslim Groups ................................................................................................... 94
Figure 12: Black Separatist Groups .............................................................................................. 95
Figure 13: Anti-LGBT Groups ..................................................................................................... 95
Figure 14: KKK Hate Groups ....................................................................................................... 96
Figure 15: Neo-Confederate Hate Groups .................................................................................... 96
Figure 16: Neo-Nazi Hate Group .................................................................................................. 97
Figure 17: Racist Skinhead Hate Group ....................................................................................... 97
Figure 18: White Nationalist Hate Group ........................... Ошибка! Закладка не определена.
Figure 19: Texas Department of Public Safety Organizational Chart ........................................ 100
Figure 20: Abilene Police Department Organizational Chart .................... Ошибка! Закладка не
определена.
Figure 21: Dallas Police Department Organizational Chart Ошибка! Закладка не определена.
Figure 22: Jacksonville, Florida Sheriff's Office Organizational Chart .... Ошибка! Закладка не
определена.
Figure 23: Palm Beach County Sheriff's Office Organizational Chart ...... Ошибка! Закладка не
определена.
Figure 24: Associates Degree - Criminal Justice Example . Ошибка! Закладка не определена.
Figure 25: Bachelors of Arts - Criminal Justice Example .. Ошибка! Закладка не определена.
Figure 26: Bachelors of Science Criminal Justice Example Ошибка! Закладка не определена.
Figure 27: Masters of Arts Criminal Justice Example ........ Ошибка! Закладка не определена.
Table of Tables
Table 1: Congressional Acts and the National Guard ................................................................... 23
Table 1: Military Use on Domestic Soil ....................................................................................... 35
Table 2: Hate Groups and Motivations ............................... Ошибка! Закладка не определена.
Table 3: Domestic Terrorist Motivations...................................................................................... 45
Table 4: Military Police MOS Options ............................... Ошибка! Закладка не определена.
Acknowledgements
This work would not have been possible without the support of my wife, Connie Harral, my
children, Sarah, Jacob, Emma and Connor, and my parents, Paul and Dr. Harriet Harral.
The guidance and direction I have received since starting this program of study from all of the
professorial staff at American Military University has made me a better student and educator.
Dr. Robert Kane, through his patience, guidance, direction, and edits, has given me the tools to
be successful.
To all of you I can’t begin to express my gratitude.
Introduction
The future role of the United States military and law enforcement agencies in response to
terrorism is a particularly relevant topic today because of the number of terrorist events
occurring. Current policies address the partnership relationships among federal, state and
municipal governmental agencies in the face of terrorism, but clarification of these roles and a
coordinated response is necessary to establish protections against terrorist actions.
This thesis evaluates the current policies connected to joint operations revolving around
homeland security, the role of the military, and the application of law enforcement
resources. The specific issue within the United States is the division of power between the
various agencies charged with the protection of the citizens. The challenges are foundational to
the United States and are fundamental to the Constitution and its amendments. In addition, this
thesis will study the differences in policing and military control in the United States with the
European model of militarized policing.
The current events of terrorism and the threat of terrorism on American soil create the
need for this study. The United States has experienced terrorism in multiple forms:
1. Domestic terrorists with grievances against the government or policies of law;
2. Domestic terrorists motivated or inspired by foreign ideologies, and;
3. External terrorists either sponsored by states (countries) outside the United States or
terrorist groups external to the United States that have traveled into the country to affect
their attacks.
Of the three, the domestic terrorist is the most prevalent. While the focus of the various
governmental agencies of the United States is on the state-sponsored terrorist, it is the domestic
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terrorist that is the most dangerous to the stability of the United States. It is the response to this
domestic situation that is the fundamental study of this thesis.
The question is whether a more militarized federalized police force will better provide for
the domestic defense of the United States. The recommendations presented are based on existing
practices. These recommendations will reflect the policies of the United States for the use of
military forces on domestic soil, recognizing that the Posse Comitatus Act, related to the use of
American military personnel or militarized law enforcement on United States soil, presents a
challenge to the militarization of law enforcement in the United States under the control of the
Department of Defense.
Phillip Rucker and Missy Ryan of the Washington Post wrote an article on January 28,
2017 eight days after President Donald Trump took office, titled “Trump orders Pentagon to
draft ISIS strategy, restructuring of security council.”1 This article presents the picture of the
future of America under its new leadership. With a focus on the security of the nation and the
desire to restructure the government to be more efficient, the changes ahead may be dramatic and
so have a dramatic effect on our policies abroad and at home. Rucker and Ryan presented that
one of the three executive orders signed by President Trump directed Secretary of Defense
General James Mathis (retired) to submit, within 30 days, a strategy to defeat ISIS. This
developing strategy involves such options as sending extra advisors to Iraq and Syria, allowing
U.S. military personnel to go with local forces closer to the front lines and moving the weight of
decision making power to the commanders in the field.2 While the focus of this work is on the
1
Rucker, Philip, and Missy Ryan. "Trump orders Pentagon to draft ISIS strategy, restructuring of security council."
The Washington Post. January 28, 2017.
2
Ibid, 1
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threat of domestic terrorism and the role or impact of civil-military and politico–military
relations on the use of militarized police forces on United States soil, the policies that the
political and military leaders of the nation enact with foreign nations have the potential for
impact on continental United States (CONUS) soil.
European nations have experienced terrorism for a longer time frame than the United
States has. The model of law enforcement in European nations is different from the policing
model in the United States. The differences between U.S. and European policing models show
how governments address key aspects of national security. The European policing model has the
predominant role of policing as a part of the military organization, making the military
responsible for domestic protection. Civil protection is the responsibility of separate law
enforcement agencies.
The United States model of policing has all domestic protection and civil protection
under separate agencies under state and local municipal control. The division of military and law
enforcement is the result of separation of federal and state control within the United States. At
its onset, the Posse Comitatus Act (PCA), signed into law in 1878 established this separation.
Posse Comitatus means the power or the force of the county, and this definition is based on
English common law that allowed the sheriff to call to arms or assistance any male of the
population above the age of 15.3 Posse Comitatus was enacted to provide the sheriff the
personnel for keeping the peace, executing writs, quelling riots, capturing felons and enforcing
laws. During colonization of the American colonies, the practice continued as it was necessary
3
Spak, Michael I., and Donald F. Spak. "Posse Comitatus Act (1878)." Major Acts of Congress. Accessed January
13, 2018. http://www.encyclopedia.com/social-sciences-and-law/law/law/posse-comitatus-act.
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to ensure the protection of the established communities. The Posse Comitatus Act of 1878 was
the result of the use of the United States Army to enforce the laws and election practices in the
Southern states after the American Civil War. While this use of the military was common, the
imposition that the use presented, especially as an occupying force in the South, created political
issues with the presidential election of 1876. In 1880, the practice of Posse Comitatus was
outlawed as a part of the Army Appropriation Act of 1880, stating that only by the Constitution
or an act of Congress could the use of the army be used to execute the laws of the land. The
PCA applies only to federal troops and as outlined originally, applies only to the use of the Army
or Air Force. The act does not mention the Navy, Marine Corps or Coast Guard. The National
Guard, acting under state control, may act to enforce the laws of the land so long as it is not
under federal orders.4
Existing research shows that there is a historical reason for the development of the
current law enforcement and military relationship in the United States. Research also presents
that the civil-military and politico-military relationship in the United States contributes to the
difficulty in applying militarized law enforcement under federal jurisdiction. The sources
reviewed present that there is legal basis for the use of military force on domestic soil. The
research has also shown the importance of defining the role of policing, especially when
militarized police forces are a consideration. Governmental documents focused on homeland
security and joint operational design present the framework for operations on domestic soil.
The sources for this study were divided into sections in accordance to the chapters
presented. A research challenge was that the existing body of knowledge addressed the topics of
this study independently. There were not, at least this author found, any existing studies that
4
Ibid, 2
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specifically looked at the challenges of militarization of law enforcement and the development of
a nationalized police force structured under the auspices of the National Guard Bureau.
The research for this study covered nine different categories: governmental documents,
government policies and regulations, military and civilian law enforcement, domestic terrorism,
Islamic terrorism, homeland defense, peace-keeping operations, civil/politico relations, and joint
operations. In each of these arenas the research is limited in scope; however, many of these
sources are utilized in multiple segments of this study since they bridge multiple facets of the
work. Under governmental documents, policies and regulations sources used included Joint
Publications 3-07.3: Peace Operations; 3-26: Counterterrorism; 3-27: Homeland Defense; and
Field Manual (FM) 3-24: Counterinsurgency. These documents presented the current
operational environment and expectation of operation at the governmental level. Understanding
the current policy requirements is important to this study since the development of a national
militarized police force will necessitate the development of tandem policies and practices in
order to operate within or modify the existing structure. The research on law enforcement
included studies on American law enforcement practices and structures as well as European
practices of law enforcement. The study of military police in existing law enforcement is
complicated by the restrictions of the Posse Comitatus Act and the differences between Title 32
and Title 105 orders when active and reserve component forces are considered for deployment in
domestic incidents. Domestic and international terrorism and homeland defense are intertwined
in the existing research. While the two main terrorist factions have different motivations, the
challenges of response under current law enforcement and military models is difficult.
Homeland defense and peace-keeping operations in this study are focused on the integration of
5
Title 32 orders are state active duty orders under the control of the state. Title 10 orders are federal active duty
orders under the control of the federal government.
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law enforcement and military forces in order to address critical incidents. This ability to interact
effectively and interface with the civilian population is driven by civil-military and politicomilitary principals. The orchestration of these various forces in response to critical incidents
requires that the principles of joint operations are adhered to.
Lieutenant Colonel (LTC) Mary Bradley, LTC Stephanie Stephens and Michael Shaw of
the Joint Task Force Civil Support (JTF-CS) conducted a study of the Posse Comitatus Act and
its relationship to the Department of Defense. Their study was The Posse Comitatus Act: Does it
Impact the Department of Defense during Consequence Management Operations? The PCA, as
a foundation of congressional law, is of critical importance to the study of the use of military
forces in a domestic capability. In their study, the foundational question is one of role and
responsibility. This question developed in the response to Hurricane Katrina and the
involvement of the United States military.6 The television coverage of the acts of looters in New
Orleans, LA showed the lack of response from military personnel and critics questioned why the
military could not perform basic law enforcement actions.7 In events where the act is of a
significant enough size to cause the Department of Defense to respond, it would is the role of the
JTF-CS to manage the assets. The authors, in conclusion, determined that the use of the JTF-CS
in response to chemical, biological, radiological, nuclear and explosive (CBRNE) events
utilizing consequence management techniques is not a violation of the PCA. This determination
resulted from the purpose of the JTF-CS which is to provide support to civil authorities, not to
enforce the laws of the land. Where members of the JTF-CS find themselves operating in a law
Mary Bradley, Stephanie Stephens and Michael Shaw , “The Posse Comitatus Act: Does It Impact
the Department of Defense during Consequence Management Operations?” (The Army Lawyer,
2007).
7
Ibid, 68
6
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enforcement capacity, the incident must transfer to other operational command for the law
enforcement mission or become the responsibility of law enforcement on scene at the time.8
“Posse Comitatus: Not an Impediment” by LTC Charles Schneider, Kentucky National
Guard, addressed the concerns of sending military personnel to the southern border states. LTC
Schneider presents that the increased violence in 2011 created the public outcry that required the
administration to send 1,200 National Guard troops to secure the border between the United
States and Mexico.9 There are two predominate issues with the protection of the border: illegal
immigration and the movement of illegal drugs across the border into the United States. These
issues, the length of the border and the violence that ensues from the trafficking of people and
drugs, requires more personnel than Customs and Border Patrol were capable of handling.10 The
conclusion that LTC Schneider offers is that the use of National Guard for border security is not
affected by the PCA so long as the troops in use are under state orders and not federal orders.
LTC John Probst, commander of the 90th Missile Security Forces Squadron at F.E.
Warren Air Base, wrote “The Posse Comitatus Act: What Does it mean to Local Law
Enforcement?” for the Police Chief Magazine. In his article, he reviews the discussions of the
Posse Comitatus Act for both law enforcement and the United States military while explaining
how the Posse Comitatus Act applies. The author also explains the application of Title 32 orders
(state orders of mobilization) and Title 10 orders (federalization orders) of the National Guard as
it applies to the use of the National Guard in a policing role. The difficulty is how federal troops
are utilized while avoiding the fears of the founding fathers – that military personnel should not
be used to enforce civil laws. This issue of federalized troops used in a civil capacity is directly
8
Ibid, 74
Charles Schneider, Posse Comitatus: Not an Impediment (Sheriff, 63, no.3 2011)
10
Ibid, 40
9
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connected to the Townshend Act. leading up to the Revolutionary War, which has also had
profound impact on the laws of the United States. These legal impacts are seen in the utilization
of the National Guard in a civil capacity and are further influenced by the Military Cooperation
with Law Enforcement Officials Act of 1981. Congress passed this act to allow the use of the
military to train civilian law enforcement and to provide law enforcement with military
equipment to address the war on drugs at the time.11
Through the 1980s and into the 1990s the concepts of use of force for law enforcement
found its basis on an escalation model called the Continuum of Force.12 In this model, police
responded in direct result to the actions of the criminal which necessitated that all officer
responses were reactionary.
Another challenge to the use of force continuum is that the outcomes derive from the
compliance or non-compliance of the suspect in question and sometimes may result in the
deployment of lethal force. Where the continuum model falls short is that it is reaction-based
and does not account for the "unpredictable" actor, meaning those with mental or chemical issues
that result in escalatory action toward the police. Clausewitz in, On War, wrote that "in war, the
will is directed at an animate object that reacts"13 and developed three actions that contribute to
the escalation of force. These three actions, extremes, are applicable to both police and military
and they are:
1. War is an act of force, and there is no logical limit to the application of that force.
11
Probst, 1-4
James Salt and M.L.R. Smith, Reconciling Policing and Military Objectives (Democracy and Security, 4:3, 221244, 2008) Quotation marks for titles of journal articles and italicize title of journal
13
Clausewitz, Carl Von, Michael Howard, and Peter Paret. On War. Norwalk, CT: Easton Press, 1991.
12
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2. I have not overthrown my opponent; I am bound to fear he may overthrow me. Thus, I
am not in control; he dictates to me as much as I dictate to him.
3. If you want to overcome your enemy you must match your effort against his power of
resistance, which can be expressed as the product of two inseparable factors, the total
means at his disposal and the strength of his will.14
The concepts of Clausewitzian theory apply to law enforcement and may be successfully
integrated with current policing methodology. There are four factors directly connected to these
theories and the paradox of policing. These factors are:
1. Policing, like warfare, is a behavior unique to people.
2. Use of force and the application of force directly connects to command, control,
communication and intelligence specific to the situation.
3. In all situations the police must justify their actions to ensure public trust.
4. Professionalism is a necessity due to the discretionary powers that policing provides to its
officers.15
It is the ability of the government to deploy military force as an ultimate response that
conflicts with the theories that force can serve as a protection, since that very force may
undermine the rights that the government is trying to protect. This conflict is known as the
paradox of government. The foundation of this paradox is the difference in the purpose of the
military and law enforcement. Law enforcement’s mission is upholding the laws of the area in
which they are working and keeping the peace. It is also charged with the protection of the rights
14
Salt, Smith, 236
Salt, Smith, 241 see my earlier comments about one footnote for information from same source in same
paragraph
15
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of the citizen, victims and the criminals alike.16 Police, by the nature of their work, apply force
only as a matter of last resort. The military trains to engage and destroy the forces they are in
opposition with. A comparison of the motto of the Los Angeles Police Department, “Protect and
Serve,” and the U.S. soldiers creed, “I stand ready to deploy, engage, and destroy the enemies of
the United States of American in close combat,” functions as a means of highlighting the
differences in these two forces and the opposition of their function during domestic
applications.17 The increased militarization of police departments in the United States in
response to the development of the “war on drugs” and the “war on terror,” created an
environment where the focus was no longer on the protection of the citizens, but on the
eradication of an “enemy.”18 These developments led to decades of law enforcement adopting
military practices and equipment. This militarization of police departments in an effort to combat
the enemy, drugs and terror, has further driven the actions and training of departments where the
focus is on enforcement of laws to adapt to the active pursuit of the enemies. This is in direct
conflict to the role of law enforcement in the United States.19 As the crises following the war on
drugs and the war on terror have continued in their development of expanding events within the
United States, the reactions in the military and law enforcement purviews have led to a
fundamental shift in the way these organizations conduct their day to day operations. While the
restriction of power of the government exists under constitutional rules, it is the actions of
individual agencies and their tendency to expand their operations and their budgets that prevents
these restrictions from occurring. There are limitations on both the military and the law
16
Abigail Hall and Christopher J. Coyne, The Militarization of U.S. Domestic Policing. (The Independent Review
17, no. 4, 2013: 485-504) Earlier comments of format for article titles and name of journal
17
Hall and Coyne, 486 see comments on footnotes
18
Hall and Coyne, 486
19
Hall and Coyne, 487
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enforcement agencies; however, the power of both of these organizations will continue to grow
as long as the “war on drugs” and the “war on terror” continue without a defining end point.
The fundamental weakness in crime control in the United States is a failure of federal and
state government to create an effective model for local police forces. Furthermore, the
challenges to police departments have resulted from a fragmented decentralized system across
more than 17,000 departments.20 This situation with police departments in the United States is an
issue that has been under discussion for close to 70 years with the first study of the problem by
Raymond B. Fosdick in 1920.21 The decentralization of the American model of policing results
in a system that is ineffective and inefficient. Furthermore, an over-concern for autonomy and
the intentional fragmentation of the police system has created the chaos that currently exists in
American society between law enforcement and the public.
There are three key features that, institutionally, are a part of the foundations of the
American police system. These features are limited authority, local control and fragmented law
enforcement authority. Each of these features is intrinsic to the American social structure and
has been a part of American society since colonization of North America.
Limited authority exists because the powers of law enforcement are strictly controlled
under the powers of the law. This control of policing focuses on the protection of individual
freedom even if those freedoms may be against the social norms or at the expense of social
control.22
20
Ronald Hunter, Bringing Order to Chaos (Journal of Contemporary Criminal Justice, 6, no. 4, 205-215, 1990)
Hunter, 205
22
Hunter, 206 Format for titles of journal articles, journal titles, same source for successive footnotes
21
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Local control, at its core, is the result of the burden of policing falling upon the individual
local governments. Additionally, the division of policing powers fragmented law enforcement
authority across various municipal agencies each bearing the burden of the expense of operations
resulting in challenges of coordination across the various agencies in the United States.23 These
features are a fundamental part of American policing in an effort to protect the citizens from
potential abuse of power by a strong centralized government. The limitations of power are
important as it adheres to the tenets of the Constitution.
The fragmentation of authority is also historical and finds its basis in the frontier society
of the American past. While this was important in a society divided by separation and isolation,
in modern society, this creates significant issues of command and control. In a modern
municipality, there are at least three law enforcement entities: local police, sheriff’s office and
constables. In addition, there are the state agencies such as state troopers or state police and
federal agencies such as the Bureau of Alcohol, Tobacco and Firearms (ATF) or the Federal
Bureau of Investigation (FBI). As technology, communications and society has advanced, the
effectiveness of local agencies has become less effective.24
The study of the Military Police Corps (MPC) is a policing model that provides for future
development of policing organizations. The MPC model is most similar with the current design
of the sheriff’s office (SO); neither of these models has received the study that it should have.
General George Washington founded the MPC, yet it was not established as a permanent part of
the U.S. Army until 1941. The establishment of the MPC as a permanent entity occurred
approximately 100 years after the police forces were established in Boston and New York
23
24
Hunter, 206
Hunter, 206
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cities.25 During this period of time, the municipal police departments were the dominant model
of law enforcement in the United States. Since its creation, the MPC has evolved and is
continuing to evolve into its own distinctive model of policing that is similar in form and
function to both European military police and the sheriff’s office.26 The model of the MPC
deserves special consideration and possible replication as it operates in the global arena, an arena
that is more expansive than other federal agencies like the Federal Bureau of Investigation (FBI)
and the U.S. Marshals Service.27
When community-oriented policing (COP) started in the 1980s and 1990s it was
considered a radical change to how policing accomplished its mission. This model of policing
was a dramatic change from the traditional policing model of police-as-expert that had been in
place for decades.28
The COP model focuses on the community and police as equal partners in solving local
crime issues. A challenge with the COP model of policing is that there are no clear established
criteria for implementation of this process. Each agency adopted this approach in its own ways
through implementing a community environment where problem solving involves the
stakeholders of the municipality and law enforcement. COP also changed the focus of crime
prevention from one of reaction to being proactive in thought processes.29 By the mid 1990s,
90% those law enforcement agencies serving a population more than 25,000 were active in
exercising the activities and strategies of COP.30 COP, as designed, creates a partnership
25
Falcone and Smith, 247
Falcone and Smith, 248 footnotes
27
Falcone and Smith, 248
28
Melissa Morabito, Understanding Community Policing (Crime & Delinquency, 56, no. 4, 564-587, 2008), 564
29
Morabito, 564
30
Morabito, 565
26
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between the public and those responsible for their protection. While it is a creation of the 1980s
and 1990s, programs designed to interface law enforcement with the public have been in place
since the 1950s. While the programs of the 1950s, 1960s and 1970s began the process of
community involvement, the implementation of the programs failed because the integration of
the programs did not become a core component of all aspects of police operations.31
There are three factors that impact the implementation of COP. These factors are
community characteristics, organizational structure and organizational commitment.32
Figure 1: Model of Community Policing
Source: Melissa Morabito, “Understanding Community Policing” (Crime & Delinquency, 56, no. 4, 564587, 2008)
The impacts of these factors in connection to COP practices are applicable when discussing
federalized or militarized police forces as a future option.
31
32
Morabito, 568 see earlier notes of footnotes
Morabito, 568
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The National Guard and the U.S. military have a long history of defending America from
attack and assisting civil authorities during crises.33 Since 9/11, the number of missions in which
federal military forces have related to homeland security has increased dramatically based upon
the threat environment of the United States today. A predominant strength of the United States
military is its ability to respond and successfully address situations as they present
themselves. This capability was streamlined by the United States in the years after the attacks of
9/11. These changes included establishment of the U.S. Northern Command (USNORTHCOM);
the reorganization of the National Guard at the state level while implementing homeland defense
and security programs; improvements to the National Guard Bureau to facilitate its ability to
coordinate and support state missions; and lastly, changes to the Title 32 laws creating the legal
framework for the federal government to utilize the National Guard in homeland defense and
civil support actions.
Major Christopher Brown, Alabama National Guard Judge Advocate, wrote “Been There,
Doing That in a Title 32 Status: The National Guard Now Authorized to Perform Its 400-Year
Old Domestic Mission in Title 32 Status” for The Army Lawyer in 2008. Brown’s work outlines
the history of the National Guard and how congressional guidance has shaped the National
Guard. Prior to 1787 the militias were controlled by the colony it was a part of. Following the
formation of Congress in 1787 the militias were controlled by the states and in 1903 the National
Guard was formalized with Congress have legislative power since. Brown traces the origins of
authority and responsibility of the National Guard and how it fulfills its role both domestically
and as a part of the standing U.S. Army. The foundation of the National Guard (NG) is based on
33
Jeffery Burkett "Command and Control of Military Forces in the Homeland." Joint Force Quarterly: JFQ, no. 51
(2008): 130-136
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the militias formed by colonists as they established themselves in the New World. The attack on
Jamestown in 1607 by 200 Indians led the colonists to establish a militia with standing orders
requiring the carrying of weapons, organized training and compulsory militia service. In 1620,
with the establishment of the Plymouth Colony, the colonists instituted a standing militia under
the command of Captain Miles Standish. By 1636 the Massachusetts government established the
militia and required that at any time one third of the militia members, minutemen, be ready at a
half hour’s warning. By the start of the American Revolution, all colonies except for
Pennsylvania had standing militias. General Washington recognized these standing militias as
the “fairest and best method to preserve the happiness, dignity and independence of our
country.”34
In order to understand the progression of the National Guard and its role in both state and
federal operations, it is important to study of the impacts of congressional rulings.
Regulation
U.S. Constitution
Year
1787
Uniform Militia Act
1792
The Act of February 12th
1887
Description
Established federal and state control of the militia. During federal service
the federal government would provide control; however, the states were
responsible for the appointment of officers. 1791 Congress affirmed the
organization of militias through the Second Amendment to the U.S.
Constitution.
This act required compulsory militia service. This act also required that
each state appoint an adjutant general who had to report to the
“commander in chief” for the state and the President of the United States.
Also, this act established that each militia would follow the same
organizational structure. Since this act did not require compliance, the act
proved unsuccessful in ensuring a well-organized militia.
As a part of this act, Congress authorized annual federal funding of
militias under the Secretary of War for the purpose of providing arms,
ordnance, quartermaster supplies and camp equipment.
Brown, Christopher R. 2008. “Been There, Doing That in a Title 32 Status. The National Guard Now Authorized
to Perform Its 400-Year Old Domestic Mission in Title 32 Status.” The Army Lawyer: 23-35
34
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Regulation
The Dick Act
Year
1903
Description
President McKinley repealed the Uniform Militia Act of 1792 and
instituted The Dick Act of 1903. The Dick Act created the National Guard
as it is today. This act further required that the National Guard receive the
same equipment and training as the regular army. This act also granted the
President the authority to call upon the militia at any time the United
States is invaded, in danger of invasion or under rebellion against the
government of the United States. The last provision to the Dick Act was
the authorization to pay National Guard members the same as the regular
Army during training or under federal control when called to service. The
states still maintained command and control for domestic operations
within the state and were responsible for funding those expenses at the
state level.
The National Defense Act
1916 In 1916 Congress recognized that the use of the National Guard would be
necessary in the war effort in Europe. This act required that members of
the National Guard swear oaths to both the constitutions of the state and
the federal government.
The National Defense Act
1933 The amendment to the National Defense Act established that the National
– Amended
Guard is a federal reserve component. This status, coupled with the dual
oaths, allows members of the National Guard to federal service. This dual
function continues today. When National Guard members are serving the
state, they are functioning as a militia; when called to federal service
under Title 10 orders they are serving under their reserve component
status.
Source: Brown, Christopher R. 2008. “Been There, Doing That in a Title 32 Status. The National Guard Now
Authorized to Perform Its 400-Year Old Domestic Mission in Title 32 Status.” The Army Lawyer: 23-35
The NG operates in two different capacities: State Active Duty Status (SAD) and Title 32
Status. During SAD status, the National Guard units perform their historic, militia-based
domestic operations. In this capacity, the state handles the expenses of deployment although the
federal government may reimburse the states dependent upon the service provided. Under Title
32 Status, the National Guard is operating in its capacity as a reserve component force, and
funding as well as direction comes from the federal government. Expansion of these powers
occurred in 1964, again in 2001 and in 2004 under the Homeland Defense Act. Under each of
these expansions, the ability to use the National Guard in a domestic capacity increased. What is
most interesting and what is of importance to this study is the relationship of the Posse Comitatus
Act (PCA) and the National Guard. Under SAD status and under Title 32 status the Posse
Comitatus Act does not apply to National Guard forces as they are commanded by state, not
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federal, officers. This allows for the National Guard's use in domestic incidents without violation
of the PCA.35
The use of the military for domestic applications leads to a difficult discussion because
the ability of the military to deploy in response to a critical incident is significantly greater than
the force response possible for individual departments. A compromise between the limitations of
the PCA and the need for a coordinated response is the only best outcome. This outcome could
occur with the creation of a national police force centralized under the control of the National
Guard Bureau run by the individual states. This would provide a consistent methodological
approach to law enforcement across the nation and still allow for individual states to enforce
their own laws.
A specific strength of the command and control structure of the military forces is the
Title 32 dual-status command arrangement. Dual-status, established by the National Defense
Authorization Act in 2004, allows National Guard officers called to active duty status to retain
their state commission, allowing them to command both federal and state service members. In
2005, Title 32 was again amended by Congress to allow the Secretary of Defense to allocate
federal funds to the governor of a state, so that National Guard units could perform homeland
defense activities. The result of these amendments to Title 32 created the foundation for state
and federal military to work together while preserving separation of powers in line with Posse
Comitatus. While these changes should make collaboration between forces more effective and
efficient, individual states involved in a critical incident may resist relinquishing their
sovereignty and authority within their state. Furthermore, they may desire to have their own
35
Brown, 33
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commander in charge of all forces used within the state during the crisis. This situation results in
polarization in the federal-state relationship and can create issues of command and control as
well as difficulty in effective strategy development.36
The totality of the research has shown that there are disparities in how law enforcement
operates within the United States. Since each state is separate, the training and education of law
enforcement is different among the states. This decentralization creates an environment of
potential chaos during critical incidents due to difference in training and equipment. This
potential chaos is exacerbated when federal resources, the military, become involved because of
the restrictions that Congressional regulations place on their capacities. With existing research
focusing on a single issue, meaning the military and critical incidents, law enforcement and
critical incidents or Congressional rulings and critical incidents, this study is important in that it
is focused on the totality of the environment by combining all of these elements into a holistic
study.
As ongoing terrorist acts occur on United States soil, the question of the role of
government agencies continues to grow. What is the role of the Department of Homeland
Security? How does the Federal Bureau of Investigations, charged with domestic security, fit
into the international security puzzle when involved with the Department of Homeland
Security? Where does the Department of Defense draw the line of responsibility? How do these
agencies work in tandem with local law enforcement? Where do the Posse Comitatus Act and
the U.S. Constitution play their roles in the defense of the United States against terrorism? These
are the questions posed and answered in this study.
36
Burkett, 132 earlier notes about footnotes
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In this study, there are no specific models selected for use. The theories applied are those
developed for joint operations by the United States military. The practices developed for peace
operations, peace building operations, police keeping actions and joint operational design are the
foundation of comparison for existing militarized police forces within the United States and
European countries. Through studying the foundations of existing policies, recommendations for
changes, if appropriate, become possible.
This study looks at the historical use of law enforcement in the United States and the
development of law enforcement as the United States has grown. Furthermore, the study looks
at the methodology and procedures of law enforcement as it responds to critical incidents,
whether terrorism or other events, and discusses the potential future of law enforcement in the
current environment. Next, this study looks at how the U.S. Government has used the military in
a domestic setting as a response tool to critical incidents. This aspect of the study will also
review the laws of the land for the limitations and expectations that they overlay on military
forces when used in a domestic setting. The application of law enforcement and military forces
apply to a joint operational environment when in connection to critical incidents. Since the focus
of this study is the response to critical incidents and current events in the United States, it looks
at the history of domestic terrorism on American soil and the motivations that drive these
terrorists. The study recognizes that international terrorism is an increasing problem and the
motivations of international terrorists are reviewed as well. The end state of the study is to
present possible future operational arrangements and configurations, based upon existing joint
operational theory to create a better police force to address critical events.
As the events of the shooting of 17 teenagers in Marjory Stoneman Douglas High School
in Parkland, Florida, show, there are multiple issues and no simple solutions. Politically, citizens
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are clamoring for action ranging from a complete firearm ban to a restriction of “military”
hardware in the hands of citizens.37 Further focus is brought to the accessories that a shooter
may purchase like a “bump stock.” The bump stock first came under scrutiny following the Las
Vegas, Nevada, shooting carried out by Stephen Paddock at an open-air concert. In that incident,
58 were killed by direct gunfire, 452 other concert attendees injured by gun fire, and another 399
injured by other means. The total death and injury count in that incident on October 1, 2017,
was 58 killed and 851 injured.38 On December 14, 2012, a shooter entered Sandy Hook
Elementary in Newton, Connecticut, and fatally shot 20 students and six staff members. A suit
was filed and upheld against firearm manufacturers following the event. In a follow-on report of
the incident by Cable News Network (CNN) in December 2017, there were several reports where
the mental health of the shooter was questioned and where mental health services had failed to
appropriately respond.39
James Holmes on July 20, 2012, entered a Century 16 movie theater in Aurora, Colorado,
where he killed 12 and injured another 70. His tools for the attack were an AR-15 rifle, a
shotgun and two pistols. He also had tear gas and wore protective ballistic clothing. During his
trial, he pled not guilty by reason of insanity and was assessed by the state.40 On April 20, 1999,
two students entered Columbine High School in Littleton, Colorado, and killed 13 students and
injured another 20 before taking their own lives. This was the worst high school shooting that
had occurred in the United States at that time.41 The results of that incident led to the creation of
37
Faith Karimi. "A series of failures in Florida school shooting mark week of stunning revelations." Cable News
Network. February 24, 2018. Accessed February 25, 2018.
38
Jennifer Medina. "A New Report on the Las Vegas Gunman Was Released. Here Are Some Takeaways." The
New York Times. January 19, 2018. Accessed February 25, 2018.
39
"Connecticut Shootings Fast Facts." Cable News Network. December 07, 2017. Accessed February 25, 2018.
40
"Colorado Theater Shooting Fast Facts." Cable News Network. November 30, 2017. Accessed February 25, 2018.
41
History.com Staff. "Columbine Shooting." History.com. 2009. Accessed February 25, 2018.
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the current active shooter training that law enforcement now receives (Homicide in Progress or
Active Shooter).
In each of these cases investigations occurred involving the mental health of the shooter.
In all cases except Columbine High School, there were identified areas where mental health
services failed to provide the necessary services that may have prevented the incident from
occurring. Also, in all cases the issue of gun control and gun access was brought before the
political structures of the United States. To date there has been little done, politically, to truly
address issues of gun control.
On September 11, 2001, 19 terrorists hijacked four airplanes and conducted suicide
attacks in the United States. These terrorists claimed affiliation with Al-Qaeda. This was not the
first attack conducted by foreign terrorists on United States soil; however, it was the largest death
toll. The results of the attacks against the World Trade Center buildings, the Pentagon and
subsequent crash of an airline in Pennsylvania resulted in the death of 2,977 people.42 This act
of terrorism propelled the United States into the global war on terror and resulted in strong antiMuslim feelings as well as an explosion in patriot (militia) groups that had been on a decline
prior to those events. Since the attacks of September 11, there have been a series of other attacks
most often conducted by one or two people. In these cases, the attackers are domestic terrorists
who ascribe to the philosophies of active terrorist groups. These attacks, the 2013 Boston
Marathon bombing, the 2015 San Bernardino, California, attack and the 2016 Pulse Night Club
attack in Orlando, Florida, demonstrate how little can be done to stop attacks such as these.
Because of its long history of terrorism, European law enforcement has created a model
that combines law enforcement and the military, a model that could be effective in the United
42
"September 11th Terror Attacks Fast Facts." Cable News Network. August 24, 2017. Accessed February 25,
2018.
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States. The bulk of this study researches existing theories and practices of both military and law
enforcement in what amounts to alternate versions of peace keeping, peace building and police
operations. At its foundation, the hypothesis is that current terrorism and critical incidents in the
United States require a different approach from what has been done in the past.
This study postulates that the United States should implement a singular policing system
that combines all of its forces into a national police force to effectively address critical incidents
in the United States in the future. The philosophy of joint operations and joint operational design
that is in use by the United States military abroad should apply on the domestic side as well. By
conducting operations domestically following the same tenants of operational design, it is
possible to develop a more streamlined and coordinated response. A Bureau of Justice report on
state and local law enforcement agencies in 2012, found that there were 17, 985 agencies
employing at least one full time or part time officer for a total of 1.1 million personnel
nationwide.43 There is disconnection of control of these departments and officers. Because there
is no federal oversight, there are differences in training, support, legislation and implementation
across the United States. Coupled with these challenges is the fact that the National Guard and
reserve and active military forces play a civil support role.
The dependent variables in this study are the practices of law enforcement and military
forces in the United States during critical incidents. The independent variables in this study are
the historic practices of law enforcement and military forces in domestic critical incidents, the
practices of joint operational theory, the application of joint operational theory to law
enforcement and military forces in domestic applications, and the Constitutional rulings, past and
43
"How many police departments are in the U.S.?" @politifact. Accessed November 15, 2017.
http://www.politifact.com/punditfact/statements/2016/jul/10/charles-ramsey/how-many-police-departmentsare-us/.
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present, that impact the use of military forces on domestic soil. A final independent variable is
the current configuration of law enforcement in the United States. The fact that law enforcement
is divided in command and control creates an inefficient and ineffective system with political
conflicts across municipal, county, state and federal lines. The conflict between the dependent
and independent variables are the confounding variables in this study.
Based on these variables and the components of this study, traditional policing models
and policies dictating the use of military forces on United States soil have become ineffective
and inefficient and require revision to ensure domestic protection in critical incidents. This
revision requires a restructuring of the various agencies following the tenants of joint operation
design and theory. Implementation of coordinated efforts, practices, training and intra-agency
agreements facilitate support immaterial of the incident occurring. The question to address is
whether the political arena, both in governmental entities and in the civilian populace, will adapt
to a change in policies of this magnitude.
For this study, it is critical to look at the elements of the application of military force and
policing within the United States from a historical perspective. This review will examine the
following:

The foundations of law enforcement and its role in domestic operations;

The development of national strategies for law enforcement for critical incidents;

Military applications for domestic operations addressing terrorism; and

Historical terrorist incidents that have occurred, domestic and state sponsored.
The current practices, compared with the policies and practices of other nations, provides
the framework for recommendations of changes to the current policies in the United States. This
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requires a review of the established procedures in nations with a different policing model. For
this study, it is the European model of policing and militarized police forces that is most
important.
This study is divided into eight chapters. Each chapter examines an aspect of militarized
law enforcement.
Chapter 1 is a look at the historical use of American military forces in domestic
operations. It reviews the colonization of the United States through to present day events and
examines the legal foundations of military force in the United States.
Chapter 2 is focused on the policies and practices of law enforcement in critical incidents.
These incidents relate to domestic and state-sponsored terrorist events and how law enforcement
has been trained to respond. The specific focus is on the developments in law enforcement since
the terrorist attacks of September 11, 2001, and the development and implementation of policies
and practices by the Department of Homeland Security. The homeland security presidential
directives are critical to this study.
Chapter 3 reviews the domestic terrorist events that require law enforcement response
and presents the possible need for military support as well. While terrorist events on domestic
soil may be traced to colonial origins, the focus for this study begins during the civil rights
movement in the United States.
Chapter 4 examines the motivations of domestic terrorist groups and the impact that these
groups have politically and socially within the United States of America.
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Chapter 5 reviews the current operational environment for military and law enforcement
agencies in the United States. It studies the joint operational doctrine related to intra-agency
coordination and Department of Homeland Security policies. This study is critical as it creates a
base of understanding of the results from previous policies and actions.
Chapter 6 assesses the motivations of Islamic terrorist organizations and looks at the
revolutions occurring within the Islamic culture. The threats of terrorism within the United
States are predominantly domestic in nature but the conversion of domestic terrorists to the
Islamic ideology does occur. Understanding the fundamental motivations of the Islamic terrorist
is important when preparing for future, possible events.
Chapter 7 presents the findings and analysis of the research conducted and applies the
hypothesis to the collected data.
Chapter 8 applies the components of this study to present recommendations as to the
possible future actions of the United States military and law enforcement agencies to ensure the
domestic safety of the United States.
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Chapter 1: History of Military Use in Domestic Applications
For the purpose of this study, armed conflict involving the military forces of the United
States for warfare on domestic soil is not included, nor are the responses for disaster relief. The
focus is the use of military forces against citizens outside of warfare. After the conclusion of the
Revolutionary War, the newly founded federal government found it necessary to use military
force against the citizens in three main events. These events were Shay’s Rebellion (1786 –
1787), the Whiskey Rebellion (1791 – 1794) and Nat Turner’s Rebellion. Since these events,
there has been limited use of the military in domestic situations outside of war. Most typically
when it has been used, the National Guard has seen the most service. According to the National
Guard Bureau, on any given day there are 2,000 to 4,000 guardsmen on duty for a variety of
missions.44 This study will look only at federal incidents; state-based missions are not included.
On January 27, 2017, the Chicago Tribune published an article that lists 12 times that the
President has called in military forces domestically. These incidents are:
Table 1: Military Use on Domestic Soil
Date
Military Use on Domestic Soil
Event
Outcome
1957
Desegregation of Little Rock
School
1962
Integration of University of
Mississippi
Presidential order sent elements of the Army 101 st
Airborne division to maintain order and peace during the
integration of African American students at Central High
School in Little Rock, Arkansas. The governor of
Arkansas called the National Guard to block the African
American students from the school.
On September 30, 1962 riots occurred on the University of
Mississippi campus when a black Air Force veteran
attempted to integrate into the all-white school. The
student, James Meredith, was protected by 120 federal
marshals. Even with this protection, the riots became
violent and resulted in the death of two civilians and an
untold number of injuries. James Meredith became the
first black graduate in August 1963.
44
Jonathon Berlin and Kori Rumore. "12 times the president called in the military domestically."
Chicagotribune.com. January 27, 2017. Accessed February 25, 2018.
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Military Use on Domestic Soil
Event
Outcome
Date
1963
Integration of University of
Alabama
1965
Selma, Montgomery civil rights
march
1967
Detroit Riots
1968
Chicago riots following the
assassination of Dr. Martin
Luther King Jr.
1968
Washington riots following
King’s murder
1968
Baltimore riots following King’s
murder
1970
New York City postal strike
1989
Looting after Hurricane Hugo
MILS 699 Thesis
When federal courts ordered the integration of two
African-Americans into the University of Alabama in May
of 1963, the governor blocked the entrance to the school,
preventing the students from enrolling. Units of the
Alabama National Guard were federalized by orders from
President John F. Kennedy. With the mobilization of the
forces, the students were granted entrance.
In March 1965, peaceful protesters led by John Lewis were
beaten by local police as they tried to cross Selma’s
Edmund Pettus Bridge. This event became known as
“Bloody Sunday.” Two weeks after this event, 3,000
marchers led by Dr. Martin Luther King Jr. crossed the
same bridge under the protection of the Alabama National
Guard acting under federal orders to protect the peaceful
march.
Thousands of Army troops and National Guardsmen were
called into service in Detroit, Michigan, following the
arrest of several African-Americans by the all-white police
force of Detroit in July 1967. The riots that ensued
resulted in 43 deaths and millions of dollars in property
damage.
Following the assassination of Dr. Martin Luther King Jr.
on April 4, 1968, rioting and looting occurred in a number
of cities including New York, Washington, Nashville,
Tennessee, and Raleigh, North Carolina. During rioting in
Chicago, the first night resulted in the death of nine
African-Americans. The Army was called in and, by the
conclusion of the hostilities, 162 buildings had been
destroyed, 12 people killed, and 3,000 people arrested.
Following the news of Dr. King Jr.’s murder, 13,600
troops occupied Washington making it the most occupied
U.S. city since the Civil War. Even with the presence of
U.S. troops, rioting and looting still broke out.
For two weeks following the death of Dr. Martin Luther
King Jr., riots broke out across Baltimore. Thousands of
National Guard troops were deployed across the city to
contend with the riots. Six people were killed, dozens
injured, and fires and looting caused damage across the
city.
During 1970, 152,000 postal workers across 671 locations
went on strike. In New York City, President Nixon
ordered the National Guard into the city to assist with the
postal delivery. The strike lasted two weeks with the
National Guard workers being considered inefficient. The
postal workers received the raise they were demanding and
returned to work.
President George H. W. Bush ordered National Guard
troops into St. Croix, U.S. Virgin Islands, as a result of the
looting and racial tensions that erupted following in the
wake of Hurricane Hugo. A total of 1,100 troops were sent
in to quell the riots and looting that occurred.
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Date
1992
Military Use on Domestic Soil
Event
Outcome
Riots after Rodney King verdict
Following the not-guilty verdicts that were assessed after
the video-taped assault of Rodney King in Los Angeles,
California, 2,000 reserve soldiers were activated. These
troops were activated to address the six days of rioting and
looting that ensued. During the six days, 60 people were
killed, and more than 2,000 people were injured.
Source: Jonathon Berlin and Kori Rumore. "12 times the president called in the military domestically."
Chicagotribune.com. January 27, 2017. Accessed February 25, 2018.
While domestic use of the military in response to natural disasters isn’t the core focus of
this study, it is important to review critical incidents such as Hurricane Katrina because of the
scope of deployment that occurred by U.S. forces. With the attention that was focused on the
approach of Hurricane Katrina, by the time the storm made landfall, almost 10,000 National
Guard troops were on the ground ready to respond in Louisiana and Mississippi. The
commander on scene, Lieutenant General Russel Honore, recognized that the landfall of the
storm would be on the border of the two states and would, therefore, become a chain of
command challenge because it would cross two different National Guard force structures. The
relief response ultimately would bridge the forces of the National Guard across two states with
additional states sending support elements of the 82nd Airborne, the 56th Signal Battalion, 14th
Combat Support Hospital, 21st Chemical Company, 13th Corps Support Command, and elements
of the Army Corps of Engineers. Elements of the National Guard, 82nd Airborne and elements of
the 136th Air Force Combat Security Force Squadron (SFS) supplied patrol forces and security
for the Super Dome. The response force that was in place and the effectiveness of the units was
a testament to the joint force operational command structure even if there were issues of supply
from the Federal Emergency Management Agency (FEMA).45
45
"The Army response to Hurricane Katrina." Www.army.mil.
https://www.army.mil/article/45029/the_army_response_to_hurricane_katrina. Accessed February 25, 2018.
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Each of these events demonstrate that the military, whether active or reserve component,
is uniquely effective in addressing an expanse of operations on domestic soil. Of the force
options available, the National Guard with its dual mission role tends to be the most appropriate
response as it can operate outside of federal orders and therefore stay removed from the
restrictions of Posse Comitatus. An additional strength that the National Guard has is its
membership. The soldiers in the National Guard have a personal vested interest in the missions
that they perform, because most of those missions have them protecting those lands that they
consider “home”.
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Chapter 2: History of Law Enforcement’s role in Critical Incidents
Incidents are considered critical when they contain elements outside of the operational
norm of an individual. This definition makes identifying a critical incident difficult. For each
officer, an incident may be critical or not given the experience of that officer. As a general
expectation, a critical incident is one that has the chance of overwhelming the stress-coping
abilities of the officer involved. This is a difficult situation for American law enforcement
because of the way in which people become officers. Many of the officers come from the
military and, based on the experiences that they have had, may have a significantly higher stress
threshold or a significantly lower stress threshold. Unfortunately, this isn’t something that is
testable during the hiring process.
Critical incidents typically fall into the following categories: vehicular chases, shootings,
hostage situations, barricaded suspects and terrorist attacks. There are a number of incidents that
can be readily identified as critical incidents, but for the purpose of this study, the incidents we
will examine are the Oklahoma City bombing, Columbine High School mass shooting and
September 11, 2001. They are important to consider regarding the actions of the officers on
scene at that time.
The Oklahoma Federal Building bombing in Oklahoma City, Oklahoma, was the most
dramatic terrorist attacks on American soil by a domestic terrorist at the time it happened.
Timothy McVeigh, a former soldier, used a vehicular bomb to attack the federal building in
Oklahoma City. The blast, from a parked rented truck, killed 168 people including 19 children.46
A state trooper who noticed a missing license plate led to the arrest of Timothy McVeigh hours
46
"Oklahoma City Bombing." FBI. May 18, 2016. https://www.fbi.gov/history/famous-cases/oklahoma-citybombing. Accessed February 25, 2018.
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before the federal government had completed their investigation.47 All the officers and federal
agents involved in this event considered it a critical incident due to the significant loss of life.
The fact that the terrible events didn’t hinder the officers, both federal and state, in the
performance of their duties is a testament to the fortitude of the individuals.
Columbine High School in Littleton, Colorado, was the scene of the worst school
shooting that had occurred at that point in time. The officers who were there were frequently
attacked for not having made entry into the building; however, at that time, that was the
established policy. At that time, it was the role of law enforcement to establish a perimeter and
hold it while they waited for Strategic Weapons and Tactics (SWAT) to deploy. As much
courage as it takes to rush into the fray of battle, an equal amount is required to follow orders in
the face of such despicable actions. The actions of the officers that day developed into a
consistent method of dealing with an active shooter or a homicide in progress. This training
became known as Active Shooter or Advanced Law Enforcement Rapid Response Training
(ALERRT).48 The ALERRT Training center in San Marcos, Texas, is a part of the Texas State
University and was founded in 2002 and in 2013 was recognized by the FBI as the national
standard for law enforcement training in active shooter incidents.
September 11, 2001, saw the greatest number of first responder deaths in the history of
the United States. Of the 2,977 deaths that occurred that day, 343 were New York City
Firefighters, 23 were New York City Police Officers, and 37 were officers of the Port Authority.
47
"Oklahoma City Bombing." FBI. May 18, 2016. https://www.fbi.gov/history/famous-cases/oklahoma-citybombing. Accessed February 25, 2018.
48
"About." Advanced Law Enforcement Rapid Response Training. 2018. Accessed February 25, 2018.
www.alerrt.org.
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With no regard for their safety, the officers and firefighters entered into harm’s way and, for
some, paid the ultimate price.49
These three events, which extend in time from 1995 to 2001, all have the markings of
critical incidents. Lieutenant John Kane, a thirty-year veteran and retiree of the Sacramento
Police Department, in his manual for supervisors and managers on responding to critical
incidents, identifies two predominant types of incidents: department initiated (DI) and suspect
initiated (SI).50 In DI events, the department controls the variables and the incident. These types
of events are parades, demonstrations, and events that have filed with the city or the department
for permission to conduct the event in question. In SI events, the department and officers are
reacting to the events as they unfold since it is the suspect that had the plan. Of the two, SI
events are the more challenging and difficult to predict.
In all critical incidents, officers must plan for the unexpected, expect to have less
manpower than is needed for the incident, and expect to have a wide range of ability due to a
disparity of training among officers on scene.
49
"September 11th Terror Attacks Fast Facts." CNN. August 24, 2017.
https://www.cnn.com/2013/07/27/us/september-11-anniversary-fast-facts/index.html. Accessed February 25, 2018
50
John Kane. "Critical Incident Response Plan for First Responders." Law Enforcement.
http://www.caloes.ca.gov/LawEnforcementSite/. Accessed February 25, 2018
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Chapter 3: Historical Domestic Terrorist Events
While domestic terrorist events have occurred in the United States since the earliest
foundations of the young nation, the incidents that are the focus of this study are those that
occurred since 1990. These incidents include lone wolf scenarios and attacks upon schools. The
tactics used by the domestic terrorist are the same as the international terrorist. The difference
lies within the support structure and purpose of the attacker. The motives of the domestic
terrorist can be reduced to three key motives: right-wing, left-wing and special interest/single
issue.51 The detailed discussion of these motives is in Chapter 5; however, they are important to
mention here because of the role they play in the incidents that are discussed.
Between 1990 and 2001 there were 65 terrorist attacks conducted by special interest or
single-issue groups. These 65 attacks included 27 bombings (pipe bombs, car/truck bombs, letter
bombs, fire bombs, attempted bombings), 21 acts of arson, 13 acts of various criminal actions
(destruction of property, theft, robbery, vandalism, biological attack) and three shooting
incidents.52 Included in this list are the attacks of September 11, 2001; however, those attacks
aren’t counted in the breakdown. Between April 2009 and February 2015, there were 63
incidents identified by the Southern Poverty Law Center (SPLC) as domestic terrorist events.
These events were listed whether or not they were successfully executed. Most of the events
were conducted by a “lone wolf” terrorist, meaning they involved only one or two perpetrators.
These incidents included 31 events specifically motivated by antigovernment individuals or
groups and 32 events motivated by hate ideology.53 The tools used in these incidents consisted
51
www.fbi.gov
www.fbi.gov
53
www.splcenter.org, A Timeline of Terror insufficient footnote information
52
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of 36 uses of firearms, 18 uses of explosives, one use of a radiation device, 1 use of an airplane,
2 uses of firebombs, 2 uses of arson and 2 uses of an unknown tool.54
54
www.splcenter.org
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Chapter 4: Domestic Terrorist Group Motivations
To understand the motivations of domestic terrorists operating in the United States, it is
important to define the various types of domestic terrorists that exist and operate within the
borders of the nation. The Southern Poverty Law Center (SPLC) conducts consistent research
and studies of active domestic hate and extremist groups within the United States. These groups
represent the ideologies of the domestic terrorist and provide the foundations of the domestic
terrorist motivations. In this section the term hate group and domestic terrorist are used
interchangeably. Figure 3, Map of Hate Groups, displays, current as of February 2018, 917
active hate groups operating within the United States. Each of these hate groups has its own
ideological purpose for its beliefs; however, many of the ideologies intersect and cross each
other. Table 2 lists the groups considered by SPLC to be active hate or extremist groups at this
time. The number of groups reported is current as of 2018.
Active Hate Groups
Ideology55
Alt-Right
Anti-Immigrant
Description
This group’s core beliefs are that white identity
is assaulted by multiculturalism and that
political correctness and social justice
undermine white people.
Consisting of nativist and vigilante groups
these hate groups have proliferated since the
1990s at a rate not seen since the 1920s.
Number
of
Groups
Not
Identified
(NI)
14
Anti-Lesbian, Gay,
Bisexual and
Transgender
(LGBT)
Groups exhibiting these ideologies are focused
on the rhetoric that LGBT people are threats to
children and society.
52
Anti-Muslim
The development of Anti-Muslim groups is
new to the United States and predominately
appeared post September 11, 2001.
101
55
Hate Map Symbol
www.splcenter.org
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Active Hate Groups
Ideology55
Antigovernment
Movement
Black Separatists
Christian Identity
General Hate
Hate Music
Holocaust Denial
Ku Klux Klan
(KKK)
Neo-Confederates
Neo-Nazi
Phineas Priesthood
Racist Skinhead
MILS 699 Thesis
Description
While there have always been some groups
focused on antigovernment philosophies, the
expansion of groups has occurred dramatically
following the election of President Barack
Obama in 2008. The ideology of these groups
is driven by immigration, the economy and the
election of the first African-American President
of the United States.
The ideologies of this group strongly oppose
integration and racial intermarriage. A key
focus is a complete separation of institutions
and, for some groups, a separate nation
specifically for blacks.
Driven by an ideology that is anti-Sematic and
racist these groups often are in direct conflict
with evangelical and fundamentalist religious
groups because of those groups’ beliefs that the
return of Jews to Israel is necessary to fulfill
end time prophecy.
Groups that fall within this section follow hate
doctrine and values that cross many lines.
These groups are music labels that specifically
publish and distribute racist music across
multiple genres.
Groups and individuals that populate this hate
group deny that the holocaust occurred and
frequently refer to themselves as historical
revisionists.
This is the oldest and most well-known of all
American hate groups. Typically thought of a
focused assault against African-Americans, the
racism of the KKK extends to Jews,
immigrants, gays, lesbians and Catholics.
The sentiments and ideologies of this group are
founded in a revival of pro-Confederate beliefs.
This group is driven by claims focused on
pursuing Christianity, heritage and other
fundamental values that the group believes are
ignored by mainstream America.
This hate group is driven by a specific hatred of
Jews although they extend their hatred to other
minorities, gays, lesbians and sometimes
Christians.
This hate group is unique in that it consists of
no specifically named groups. It is connected
to members of the KKK, Neo-Confederates,
Neo-Nazis, Skinheads and White Nationalists.
It has no leader or any other structure.
Of the white supremacist movement, the Racist
Skinheads are the most violent.
American Military University
Number
of
Groups
Hate Map Symbol
623
(Figure 9)
193
21
46
16
10
130
43
99
NI
78
43
Active Hate Groups
Ideology55
Description
Number
of
Groups
Hate Map Symbol
As a group, the Radical Traditional Catholics
make up the largest anti-Semite group in the
Radical
United States today. This group subscribes to
14
Traditional
an ideology that is rejected by the Vatican and
Catholicism
the majority of the 70 million mainstream
American Catholics.
Sovereign Citizens Movement focuses on
antigovernment rhetoric that, in their belief
system, allows the members to choose what
Sovereign Citizens
NI
laws and law enforcement entities they will
Movement
follow and obey. Additionally, they believe
that they should not pay government taxes.
This group purports white supremacist and
white separatist ideologies focusing on the
inferiority of those that are not white.
100
White Nationalist
Typically, it consists of multiple groups such as
the KKK, neo-Confederates, neo-Nazi, racist
skinheads and Christian Identity.
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
What defines a “domestic terrorist?” The FBI defines a domestic terrorist as an individual
or group that is inspired or associated with movements primarily operating within the United
States that connect to and espouse extremist ideologies of a political, religious, social, racial or
MILS 699 Thesis
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environmental nature.56 In chapter 3 there were three motivations listed for the domestic
terrorist. Those motivations or ideologies were right-wing, left-wing and special interest/singleissue.
Ideologies
Right-wing
Left-wing
Special Interest/Single-issue
Domestic Terrorist Motivations
Motivations
Predominantly focused on anti-tax, distrust of the government, antiimmigration, neo-Nazism, neo-fascism, religious fundamentalism and white
supremacy.
Predominantly motivated by anti-capitalism, anti-government, environmental,
socialist and revolutionary ideologies.
Unlike the right-wing or left-wing groups, the special interest/single-issue
groups are driven by a singular focus, a specific issue, instead of wanting to
affect global change they are focused on individual concerns. These special
interests include animal rights, environmental rights and anti-abortion.
Table 2: Domestic Terrorist Motivations
Political Domestic Terrorists
Figure 3 shows the locations and numbers of active antigovernment groups within the
United States. According to the SPLC, the antigovernment movement is driven by a number of
core beliefs. These beliefs range from government confiscation of personal firearms to
internment of American citizens in concentration camps run by the Federal Emergency
Management Agency (FEMA).57
56
www.fbi.gov
"Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
57
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Source: "Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
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Antigovernment groups and militias reached a previous high of 858 groups following the
Oklahoma City bombing by Timothy McVeigh in 1996. The militia groups declined in the
following years with a resurgence after the 2008 election of President Barack Obama.58
Figure 4 shows the rise, fall and rise again of these groups through the years of President
Clinton, President Bush and President Obama.
Source: "Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
Another concern of antigovernment groups is the New World Order. These groups view
the United Nations (UN) as the proponent of the New World Order and the rulings that the UN
passes as the tools to take control. An interesting aspect of the antigovernment movement is that
most of the groups don’t engage directly in violence or criminal activities since their focus is
58
"Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
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more on warning of government violence against the people. They also believe in preparing for
a coming revolution.59
Source: "Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
Figure 4 showed how opinions of governmental policies and Presidential perceptions
impacted the fluctuation of antigovernment groups during the years of 1995 to 2016. Figure 5
presents, by percentage, the total antigovernment groups between 2012 and 2016. The militia
groups make up the smaller percentage of groups. The reduction in total numbers corresponds
with the declines presented in Figure 3.
Criminal Domestic Terrorists
While the actions of all domestic terrorists are criminal in nature, the delineation between
political domestic terrorists and criminal domestic terrorists is in the motivations and ideologies
of the groups. Table 1 on page 24 outlines the hate groups currently operating in the United
States. These groups, different from antigovernment specific groups, are predominantly driven
59
"Antigovernment Movements." Fighting Hate/Extremist Files. Accessed February 22, 2018.
https://www.splcenter.org/fighting-hate/extremist-files/ideology/antigovernment.
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by racism. The hate groups that fall into this category range across the gamut of hate groups.
The predominant action taken by these groups is “lone wolf” in nature except for those groups
that fall within the criminal street gang definition. Title 18 of the United States Code defines a
criminal street gang as an ongoing group, club, organization, or association of five or more
persons that has as 1 of its primary purposes the commission of one or more of the
criminal offenses; and in which the members engage, or have engaged within the past five years,
in a continuing series of offenses; and the activities of which affect interstate or foreign
commerce.60 These groups consist of the drug and criminal actions of the Racist Skinheads and
the actions of other white supremacist groups.
With the number of groups operating in the United States and the spread of the groups
across the United States a coordinated effort by all elements of law enforcement to respond is
critical. This response is best orchestrated if all law enforcement agencies are operating from a
consistent methodology. This would require a fundamental change in the way law enforcement
is trained in the United States.
"18 U.S. Code § 521 - Criminal street gangs." LII / Legal Information Institute.
https://www.law.cornell.edu/uscode/text/18/521. Accessed February 19, 2018
60
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Chapter 5: Analysis of Current Operational Environment
The operational environment in the United States contains the elements of the various
law enforcement and military organizations and how they function together; it extends beyond
the actions of domestic terrorists and critical incidents. As critical incidents occur, and law
enforcement is required to respond, the coordination of efforts by both elements of law
enforcement and the military is necessary. The ability of these organizations to work together is
one of the requirements established by Homeland Security Presidential Directive-5 (HSPD) and
carried through with HSPD-8. HSPD-5 was issued on February 28, 2003 and focued on the
development of the National Incident Management System (NIMS).61 The intent was to create a
single coordinated effort in response to critical incidents. HSPD-8 expounded on HSPD-5 by
focusing on the Strengthening the ability of the United States to prevent and respond to domestic
terrorist attacks, major disasters, or other emergencies by establishing the process of delivery of
federal assistance to state and local governments.62 It is necessary to study the organizational
structure of the various organizations and the training practices to understand how each
organization supports each other.
American Law Enforcement
In the United States, one of the challenges of command and control in critical incidents is the
number of law enforcement entities within each state. This challenge is compounded by the
independent control of each entity and the differences in functions that each entity serves.
American law enforcement follows a decentralized model of policing that divides it into
61
"Homeland Security Presidential Directives." EPA. August 31, 2017. Accessed February 18, 2018.
https://www.epa.gov/emergency-response/homeland-security-presidential-directives.
62
Homeland Security Presidential Directive / HSPD-8. Accessed February 18, 2018.
https://fas.org/irp/offdocs/nspd/hspd-8.html.
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component parts with jurisdiction over specific areas that often overlap. In the State of Texas,
this decentralized structure has the following entities in place:
1.
2.
3.
4.
5.
6.
7.
Texas Department of Public Safety (see Appendix 2 for the Organizational Chart)
Texas Department of Corrections (see Appendix 2 for the Organizational Chart)
County Sheriff’s Offices (see Appendix 2 for the Organizational Chart)
County Constables Offices
Municipal Police Departments (see Appendix 2 for the Organizational Chart)
City Marshalls
Arson Investigators (Dual Certified Fire/Law Enforcement)
In addition to these, there are a few municipalities that have public safety officers, both fire
and law enforcement, that serve in dual functions. Each entity has its own chain of command
and reporting structure and its own budgetary constraints. Each entity is responsible for the
training and equipment of each individual member although some entities require that their
members provide their own equipment within designated constraints. These practices establish
that there is no consistency among agencies in regard to the equipment available for responding
to a specific incident. Furthermore, agencies frequently do not have the ability to communicate
with one another directly. The National Incident Management System (NIMS) has provided
directives that agencies have adopted establishing common language and communication
practices removing the “10 Codes” from use during critical incidents; however, direct
communication is challenged by different radio systems within the same jurisdictional area
making communication between departments difficult.
An additional challenge presented by the number of agencies is jurisdictional restrictions.
Each agency is confined by the borders of the area that it serves and the regulations of the state.
When responding to a national critical incident, these differences are of greater concern because
each state is unique in the structure of its law enforcement agencies. These differences become
apparent when reviewing the training practices of state and local law enforcement agencies.
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Law Enforcement Training
The American model of training is distinctly different than the European model. The
American model is in line with the decentralized model of policing that exists. Under this
model, future officers are trained in separate police academies regulated by the state and are
conducted by outside training agencies including community colleges or by the law enforcement
agency itself. Additionally, an officer or future officer may attend an institution of higher
education and receive a degree related to criminal justice; however, this degree is separate and
may not have bearing on the role or position that the person has within an agency.
This section reviews the American model of training and education. The American
model is focused on academies separate from the individual agencies and disconnected from
higher education institutions. Police training is the process of acquiring a specific set of
knowledge and skills and may result in award of a certificate; however, it does not lead toward a
degree.63 In July of 2016, Brian Reaves, a Bureau of Justice Statistics statistician, reviewed data
from state and local law enforcement training academies for the years 2011 to 2013.64 He found
that during the period reviewed, approximately 135,000 recruits entered the police academies
and had an 86% graduation rate.65 The study also showed that approximately one in seven
recruits were female with 1 in 3 recruits being of some racial or ethnic minority. The average
length of training across the responding agencies was 840 hours (21 weeks) consisting of 213
hours of operations training, 168 hours of use of force training, 89 hours of self-improvement
training, 86 hours of legal education, 40 hours on community policing and 23 hours of domestic
63
Pagon, Milan, Bojana Virjent-Novak, Melita Djuric, and Branko Lobnikar. "European Systems of Police
Education and Training." 1996., 2
64
Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of Justice Statistics
(BJS). July 2016. Is this a journal? Internet source?
65
Reaves, 1
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violence and mental health issues training.66 As a part of this study, the type of police training
program was reviewed, including the type of training environment, stress levels created in the
training scenarios, and the types of agencies conducting the training.
Figure 2: Distribution of Law Enforcement Training Recruits
Source: Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of Justice Statistics
(BJS). July 2016.
Recognizing that each academy is controlled by the state and by the state certification
agency, the environments that the police recruits experience varies based upon the philosophies
of the training agency. What the study by Reaves found was that the majority of the training
academies approached training from a balanced perspective of stress and non-stress
environments. While this is true, the tendencies of the academies appeared to be more focused
on an increase of stress over non-stress when the training plan was not a balance between the
two. Academies that tended toward a non-stress environment were significantly fewer (Figure
6).67
66
67
Reaves, 1 comments of footnotes
Reaves, 1 note on footnote
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Figure 3: Training Environment of Law Enforcement
Source: Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of Justice Statistics
(BJS). July 2016.
Figure 7 presents the environment of training based on academy type. What is interesting
is that the percentages show that academies more closely linked with agencies tend to lean
toward a higher stress quotient than those that are disconnected from an agency. At the same
time, most academies tend toward a “middle of the road” approach by balancing the level of
stress versus non-stress. Where this is contradicted is with the state police/highway patrol
agencies. In these agencies, the tendency is toward a higher level of stress in the training
environment. A question that is not answered by the study conducted by Reaves is the reason
behind this difference. It could be postulated that the tendency toward higher stress in the state
police/highway patrol is the nature of the work. Frequently, state police/highway patrol find the
officers patrolling an extensive area and often acting as individuals without back up or support.
Training in a higher stress environment supports the preparation for such instances.
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Figure 4: Length of Training Program - Hours
Source: Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of Justice
Statistics (BJS). July 2016.
Figure 8 presents the average length of training law enforcement recruits attend across
various academy types. The average length of training that a police recruit will attend across all
types of academies is 843 classroom hours. For those academies run by municipal police, the
length of training is 936 classroom hours. County officers who have both civil and criminal
responsibilities of enforcement have 1,029 classroom training hours. For the academies run by
colleges and technical schools, the classroom hours ranged from 703 to 903 hours. The
academies with the highest average number of training hours were those connected to special
jurisdictions with 1,075 classroom hours. A multiagency or regional academy is an academy that
serves an area at the behest of the agencies operating in the area. In the Dallas/Fort Worth
(DFW) area, three such programs exist under the following jurisdictions: the Tarrant County
College District (TCCD) system, the Dallas County Community College District (DCCCD), and
North Central Texas Council of Governments (NCTCOG). While the college programs,
according to the Reaves study, fall under the two-year colleges, they are also multiagency in
DFW since agencies in the area may choose to send their new hires to these academies instead of
MILS 699 Thesis
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hosting their own. In each case, these programs are open to any individuals wishing to attend the
academy.
The TCCD program consists of a 19-week training program with classes Monday to
Friday.68 TCCD offers this academy six times a year. Applicants in this program earn their law
enforcement certificate and 15 credit hours applicable to the TCCD associates degree in Criminal
Justice.69 The DCCCD program is different from the TCCD program and is conducted through
the criminal justice department on campus. In this program, attendees may apply and complete
the program without agency support and may also use the education that they obtain to receive a
total of 24 credit hours.70 The course catalog for DCCCD does not indicate the length of the
program or the number of offerings each year. The last multiagency program in the DFW area is
the Basic Police Academy (BPA) operated by the North Central Texas Council of Governments
(NCTCOG).71 The BPA program consists of 618 hours of classroom and field training and lasts
approximately 20 weeks. The BPA is a service provided to the law enforcement agencies of the
DFW Metroplex and certifies across the levels of agencies in the area including fire
investigators, constables, sheriff’s offices and municipal agencies.
68
Police Academy. https://www.tccd.edu/academics/courses-and-programs/programs-of-study/criminaljustice/police-academy/. Accessed February 23, 2018
69
"Police Academy." Police Academy. https://www.tccd.edu/academics/courses-and-programs/programs-ofstudy/criminal-justice/police-academy/. Accessed February 23, 2018
70
Welcome, Brenda. "Mountain View College - Program - Criminal Justice." Mountain View: 2017-2018 Catalog Program - Criminal Justice. https://www1.dcccd.edu/catalog/programs/degree.cfm?degree=20&loc=MVC.
Accessed February 23, 2018
71
"Regional Police Academy." Community Services - Regional Police Academy - NCTCOG.org.
http://www.nctcog.org/cs/rpa/index.asp. Accessed February 23, 2018
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Figure 5: Number of Classes during a Training Year
Source: Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of
Justice Statistics (BJS). July 2016.
Figure 9 presents the number of courses that are offered each year across the types of
academies. The number of classes is directly correlated to the number of training hours each
academy provides; however, the median average of classes each year is six. In the years studied
by Reaves. 45,000 officers were trained each year. This number is important when studying the
median class sizes where the smallest median size is 12 and the largest median size is 45. These
numbers mean that there are an overwhelming number of academies operating in the United
States. While these academies are regulated at the state level, the sheer number of agencies
creates challenges of consistency in training even within the same state. Academies may choose
to offer only the required number of hours depending on the agency to complete any additional
training or they may opt to exceed the minimum standard. This freedom ultimately creates
disparity in officer quality.
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Figure 6: Training Course Subject Areas - Law Enforcement
Source: Reaves, Brian A. "State and Local Law Enforcement Training Academies, 2013." Bureau of Justice Statistics
(BJS). July 2016.
Figure 10 presents the core subject areas that were reported in the Reaves study. These
course subjects are the foundational education an officer needs to perform a police function.
Follow on training or agency specific training is conducted by the agency itself unless the entire
academy program is operated by a police agency. In the case of an “in-house” academy, the
policies and procedures of the agency will focus on the agency and not on the general concepts
of policing.
The American model of law enforcement training is separate from the educational system
of the United States. In the Dallas/Fort Worth Metroplex, both the Tarrant County College
District and the Dallas County Community College District offer police academies that students
may enroll in. These academies are regulated under the Texas Commission on Law Enforcement
MILS 699 Thesis
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(TCOLE) and provide the state mandated training; however, these academies are not directly
connected to an agency and graduation from one does not ensure hiring. While agencies may
send students to these academies, they are still independent of the agency itself. Since these
academies are attached to a college system, the courses offered may transfer for credits beyond
an associate degree, but this is not guaranteed. For individuals who attend a four-year university
and who obtain a degree in criminal justice, the time in the academy may transfer and it may not.
The options of study for students of criminal justice extend across the associate, bachelor’s,
master’s and doctoral program, based upon the school the student attends. In addition to the
criminal justice programs, other options are available which may directly link to law
enforcement like emergency management and public administration. Examples of the courses of
study are contained in the Appendix 3. These examples are directly from the American Military
University Undergraduate and Graduate catalog. While these degrees may be required by some
agencies, not all agencies have the same requirements for high level course work. The variance
between agencies across the 50 states is difficult to track. It is a challenge to the American
policing model to have higher level degrees separated from the agencies responsible for police
work.
This review of the American model of policing shows that decentralization creates
disparity in the capabilities, expectations and education of law enforcement. Each state regulates
the commissioning of officers and the minimum requirements of education; however, the
academies themselves, based on the type of academy, provides different lengths of training in
different stress/non-stress environments. Different academies provide college credit for the
completion of a police education program while others do not. Law enforcement consistency is
MILS 699 Thesis
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difficult across the breadth of the United States because the laws of each state are different from
the next.
European Policing Model
The European policing model is markedly different from American law enforcement in
two specific areas: structure (centralized) and education/training. European police agencies
typically report to a singular agency that is responsible for providing police services and
investigative services to the entire nation. By having a centralized structure, the expectations,
laws, practices, procedures and daily operations are consistent from one part of the nation to
another. This centralization also facilitates the education and training of law enforcement
personnel. The average law enforcement academy in the United States in approximately 10
weeks in length while the length of training in the European model extends from one year to
multiple years depending on the program level and the country of origin.
The fundamental difference between the American system of law enforcement
development and the European model is that the American model separates education from
certification while the European model embraces it. Under the European model, law
enforcement education may start as early as the high school years and, as a supported program of
study, may continue through the doctorial level of education. The European model focuses on
police education, meaning the process of imparting or acquiring knowledge that leads to
obtaining a degree of various levels.72
Milan Pagon, Bojana Virjent-Novak, Melita Djuric and Branko Lobnikar surveyed 32
European countries on their policing education and training practices for the College of Police
72
Pagon, Milan, Bojana Virjent-Novak, Melita Djuric, and Branko Lobnikar. "European Systems of Police
Education and Training." 1996., 2 article, book, internet site
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and Security Studies in Slovenia. They received 17 responses from the following countries:
Austria, Belgium, Croatia, Czech Republic, Finland, Germany, Greece, Hungary, Macedonia, the
Netherlands, Norway, Poland, the Slovak Republic, Slovenia, Switzerland, Turkey and
Ukraine.73
The findings of this study indicated that across the surveyed entities, 10 of the 17 country
respondents had high school level police training, five had associates degree level training, nine
had bachelor’s degree level training and five had masters/doctorate level programs.74 For the
purpose of the study, the authors defined high school as a degree obtained beyond the elementary
school level, typically after the 12th or 13th year of schooling. The high school program across
the surveyed population was from 1 to 4 years in length. Five of the 10 countries had mandatory
police service upon completion with the service requirement ranging in service time of three to
eight years. Depending on the country, the graduates of the high school program could begin
police work immediately (Netherlands and the Slovak Republic) or were required to obtain
additional on-the-job training (Croatia, Finland, Macedonia, and Slovenia). A few required the
graduates to enroll in additional training prior to starting work (Germany, Turkey, Hungary and
the Czech Republic).75
The associates degree program is defined as a degree that is granted by a college or a
university after two years of study.76 The associates degree programs are available from colleges
and academies that are operated by the police of their respective country. Similar to the high
school program, some of the countries have required service upon completion of the degree
73
Pagon, Virjent-Novak, Djuric, and Lobnikar, 2
Pagon, Virjent-Novak, Djuric, and Lobnikar, 2 earlier notes on footnotes
75 Pagon, Virjent-Novak, Djuric, and Lobnikar, 3
76 Pagon, Virjent-Novak, Djuric, and Lobnikar, 2 my notes about footnotes
74
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program. Required service ranges from no years of service to 10 years of service. For some of
the countries surveyed, completion of education at this level allows for immediate employment
while other countries require additional training. Equally dependent upon the country is whether
or not the completion of this program is connected to a specific rank position within the agency
for which the officer will work.77
Higher professional degrees are divided into three separate programs: bachelor’s,
master’s and doctorate degrees. This level of professional police education is performed in 12 of
the 17 countries. The 12 countries are Germany, Norway, Belgium, Greece, Finland, Poland,
Hungary, the Slovak Republic, the Czech Republic, Ukraine, Croatia and Slovenia. In these 12
countries, the police education institutions are managed and regulated by either the police or the
Ministry of Internal Affairs or other similar organization. The study by Pagon, Virjent-Novak,
Djuric and Lobnikar found that, at this level, the police education was divided into three main
groups. Group 1 focused on the law and aspects of law, group 2 on police related subjects
including law and criminology and group 3, is a mixture of the two. It is interesting to note that
Group 2, in most cases, showed a lack of or a complete omission of training connected to
management and administration.78 To understand these distinctions, the definitions of
bachelor’s, masters and doctorate degree are important to understand. A bachelor’s degree is a
degree that is awarded to a person who has completed their undergraduate studies. These studies
typically last four to five years.79 A master’s degree is typically awarded to an individual who
has completed two to three years of study beyond a bachelor’s program, and a doctorate is the
77
Pagon, Virjent-Novak, Djuric, and Lobnikar, 3
Pagon, Virjent-Novak, Djuric, and Lobnikar, 4
79 Pagon, Virjent-Novak, Djuric, and Lobnikar, 3 earlier notes on footnotes
78
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highest degree obtainable with three to four years beyond the master’s degree.80 Nine of the 17
responding countries offered bachelor’s education which were managed by the police agencies,
one country offered a program that was managed by the government and the final country had a
program that was a partnership between the police and the university. The required service
commitment varied between the countries for the completion of a bachelor’s program with 1.5
times the length of schooling required up to 10 years of mandatory service. Additionally, the
completion of a bachelor’s program, in many cases, guaranteed a certain rank within the police
hierarchy.81 At the highest level of professional education, the master’s and doctorate degree,
the reporting countries showed that there was not a rank consideration for placement within the
police agency upon completion. The master’s program was typically two to four years of study
beyond the bachelor’s and the doctorate was three to five years of study beyond the master’s
degree. In all cases these programs were either managed by the police agencies or partnered
with a university.82
In the European model, education and training are separate, yet connected, ideas. While
officers receive education through educational institutions, either directly controlled by the
police or other governmental agencies, and in the process receive formal degrees of completion,
there is also training that is specific to the roles and responsibilities of the law enforcement
position. This falls into two categories: basic police training and specialized police training.83
Basic police training is focused on the specific duties of the job of being a police officer no
matter the specialization. These are the skills that all officers need to have in order to perform.
80
Pagon, Virjent-Novak, Djuric, and Lobnikar, 3
Pagon, Virjent-Novak, Djuric, and Lobnikar, 5
82 Pagon, Virjent-Novak, Djuric, and Lobnikar, 6
83 Pagon, Virjent-Novak, Djuric, and Lobnikar, 6 comments about footnote
81
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Specialized police training is the training that specific units need to perform the role that they are
assigned. These roles may include anti-terrorism, forensics, criminal investigations, traffic
enforcement or other specialized positions.84
In general, the European model of policing is centralized, ensuring a consistency of
education, training and expectations across the country that they serve. Officers may begin law
enforcement education as early as high school and continue, through programs and institutions
managed by the police or the government, until they have received a doctoral degree. In this
model, police education is separate from police training. Police training focuses on the specific
skills needed for the performance of a specific duty and specialized training is for a specific role
or responsibility within the police force. The expectations of the officers are easier to predict
and enforce since all officers received the same basic instructions.
United States Military – National Guard
Regardless of job field, the United States military branches follow a similar model of
training: basic training followed by job, or military occupational specialty (MOS), training. For
the United States Army, the first 10 weeks of training for recruits is called Basic Combat
Training and is the same for active duty soldiers, Army reservists and National Guard
members.85 Advanced Individual Training (AIT) length is based on the specific MOS that the
soldier will have. In many cases, especially with combat arms, training is conducted as One Unit
Station Training (OSUT). OSUT training takes a new recruit through BCT to AIT at one time.
84
85
Pagon, Virjent-Novak, Djuric, and Lobnikar, 6
"The Army Life: Becoming an Army Soldier." Goarmy.com. https://www.goarmy.com/soldier-life/.
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Military Police Training
While each branch has a military policing arm, for this study, the focus is on the military
policing arm of the United States Army. In the U.S. Army and Army Reserve has 5 MOSs
assigned to Military Policing: Military Police (31B), Military Police Officer (31A), Criminal
Investigations Special Agent (31D), Internment/Resettlement Specialist (31E) and Military
Working Dog Handler (31K).86 The National Guard offers the same MOSs for Military Policing
and adds Judge Advocate General (JAG) Corps Officer (27) and Criminal Investigation Division
Special Agent (311A).87 The Military Working Dog Handler MOS is only available on active
duty for both Army Reserves and National Guard soldiers.
Length of training depends on the career field of the soldier. The following chart outlines
the training length by MOS.
Table 3: Military Police MOS Options
MOS
Military Police (31B)
Military Police Officer (31A)
Criminal Investigations
Special Agent (31D)
Internment/Resettlement
Specialist (31E)
Military Working Dog
Handler (31K)
Length of Training
20 Weeks OSUT
Basic Officer Leader Course II – 6
Weeks
Basic Officer Leader Course III - 10
Weeks
15 Week Resident Course
Between 2-10 years in the Army
At least 60 semester hours
Specialist – Sergeant Rank
10 Weeks of BCT
7 Weeks of AIT
10 Weeks BCT
17 Weeks AIT
18 Weeks Military Working Dog
(MWD) Training
Component
US Army, Army Reserves, National Guard
US Army, Army Reserves, National Guard
US Army, Army Reserves, National Guard
US Army, Army Reserves, National Guard
Active duty only
86
"Search Through Careers in the Army." Goarmy.com. Accessed February 23, 2018
Military Police | National Guard. https://www.nationalguard.com/careers/military-police#311a. Accessed
February 23, 2018
87
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The Military Police training curriculum is not dissimilar to what civilian police are
instructed in and the courses of study found in Figure 9 (p 38). The predominant difference is
the combat nature of military forces and the combat environments that they operate in.
Military Police education is, in many respects, similar to the European model of police
education. Any member of the military police has had the same basic training and the same job
specific school, and all education is control by the government ensuring that nationwide and
worldwide the way the duties of the police are conducted is the same. The difference is the
“criminal” that the military police deal with. Some of those individuals are service members and
their families, and some are those that are identified as combatant enemies.
Assessment
With law enforcement operating under a decentralized model in the United States the
efforts of the government to affect change in how law enforcement conducts its operations is
very difficult. While the government creates policies and procedures to facilitate the response to
critical incidents there are no controls in place to ensure that the changes are implemented.
Adapting the law enforcement model of the United States to a more centralized model like the
European model would help ensure that global policies are adopted and implemented. This
requires significant change in the methodology of training law enforcement in the United States.
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Chapter 6: International Terrorist Group Motivations
The successes of the guerilla groups of both Islamic State of Iraq and the Syria (ISIS) and
Al-Qaeda demonstrate tactical acumen beyond that of blind luck. This not a study in ideological
beliefs nor the political foundations of radicalized Islamic soldiers. Furthermore, the concept of
terrorist, freedom fighter or guerilla fighter are all used interchangeably. The focus, specifically,
is a study of the forces of the Crescent Moon, the Muslim guerilla fighters (MGF), and how their
culture has impacted the way they run their operations. This study should show that one aspect
of the challenges facing conventional military forces today is the vast difference, culturally,
between the nations and MGF groups and the methodology used in operational planning.
MGF groups, operating from a historical position of tribal mentality with a drastically
different set of ideological beliefs from the western nations, approach strategic, operational and
tactical planning from a vastly different perspective. This perspective, driven by their cultural
beliefs and values, presents challenges to nations directly engaged in conflict against them.
In 2014, Voice of America (VOA) News reported that the number of Taliban deaths had
no impact on the level of insurgency. Akmal Dawi reported that Afghan police and army units
were killing an average of 12 Taliban fighters every day.88 The report said this level of loss is
having no apparent impact on the ability of the forces to continue operations or recruit. To this
end, the Taliban, as this article relates, have achieved the mass that Mao Tse Tung discusses.
Mass, as Mao Tse Tung presents, is an unending supply of force that is driven to achieve a
specific purpose. This concept of mass is further discussed in the article by Dawi when it reports
that, in 2001, the MGF forces numbered roughly 2,000 of a ‘hit and run’ force yet, 13 years later,
had a force estimated to include as many as 60,000. Based on the growing MGF, the conflict
88
Dawi, Akmal. "Despite Massive Taliban Death Toll No Drop in Insurgency." VOA News. March 6, 2014.
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and its cost, both in fighters and civilians, isn’t slowing the growth. This raises a question of the
cultural reasons for the increase of MGF members and the civilian support in the face of
increased losses.
Neta Crawford of the Watson Institute for International Studies of Brown University
conducted a study on War-related Death, Injury, and Displacement in Afghanistan and Pakistan
2001-2004, on the war related deaths and injuries in Afghanistan and Pakistan between 2001 and
2014.89 Crawford looked specifically at the toll on civilians. This toll, whether direct or indirect,
has a significant impact on the “mass” that Mao is discussing and the challenges of protracted
conflict that Sun Tzu addresses90 91, or at least it should have. In Crawford’s study, the war in
Afghanistan, since 2001, has resulted in approximately 26,270 civilian deaths that are directly
related to war violence and an additional 29,900 civilians injured.92 Total direct war related
violence, per Crawford’s study, reaches 92,000. With numbers such as these, it is surprising that
the Taliban, Al-Qaeda and ISIS have the success in recruitment and continued operations that it
has.
Thomas Hegghammer, in his article “The Rise of Muslim Foreign Fighters – Islam and
the Globalization of Jihad,” presents information on the unpaid combatant with no ties to the
conflict other than for religious reasons.93 This is an important study with the focus being on the
“modern” Islam, meaning within the 19th century, and the use of violence connected with Islam
89
Crawford, Neta C. "War-related Death, Injury, and Displacement in Afghanistan and Pakistan 2001 - 2014."
Watson Institute for International Studies. May 22, 2015.
90
"Chapter 2: Waging War." The Internet Classics Archive | The Art of War by Sun Tzu. Accessed March 12, 2018.
http://classics.mit.edu/Tzu/artwar.html.
91 In Chapter 2: Waging War Sun Tzu states that during a protracted war the burden on the state is such that the state
is unable to bear the ongoing conflict in men, materials, equipment and food supply.
92
Crawford, Neta C. "War-related Death, Injury, and Displacement in Afghanistan and Pakistan 2001 - 2014."
Watson Institute for International Studies. May 22, 2015. Use Ibid.
93
Hegghammer, Thomas. "The Rise of Muslim Foreign Fighters: Islam and the Globalization of
Jihad."International Security 35, no. 3 (2010): 53-94. This is the correct format for journal articles. Space after
Jihad.
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since the 1940s. While this is not a direct cultural piece, the use of foreign fighters in current
Islamic cultures and in MGF groups provides insight into the methodologies that Islamic culture
has used in strategic and operational planning.
In Islamic Culture and the Modern World – Part 1 and 2 by Aftab Ahmad Khan, a retired
brigadier general, the concept of culture, specifically Islamic culture, is studied. In his writings,
a look is taken at how Islam originated and developed Arab culture. Additionally, he looks at
how Islam, when adopted by other nations outside of the Arab world, adopts Arab culture
because of its own beliefs. Khan’s writings also look at the impact of modernization on the Arab
world and culture. With the spread of Islam and the increasing number of MGF attacks, an
understanding of how Arab culture and Islam have impacted the nations of the world is
important to understanding today’s adaptation of Arab culture.94
Benjamin Landis, in his article “The Islamic World Faces Its Future,” looks at the historic
influences and actions of Islamic society and how that has impacted and influenced the Islamic
world today. An aspect of this article that is an important consideration for this study is the way
Islamic people respond to attacks, conquest and colonization. The belief of Landis is that, in
order to respond to the attacks, conquest and colonization, the people of Islam “having no power
in the external world, turned inward to their religion in order to affirm their identity and maintain
their self-respect. [...] their social structures and their attitudes remained medieval.”95
“Tactics of the Crescent Moon: Militant Muslim Combat Methods” by John Poole is a
study of the irregular combat methodologies employed by the insurgent groups that the United
States is engaged with both past and present. It is a candid look at the ways these irregular forces
are changing the nature of warfare to break the strategic and technological advantages of the
94
95
Khan, Aftab Ahmad. 2016. "Islamic Culture and the Modern World-2." Defence Journal 20, no. 4: 49-63
Landis, Benjamin. 2015. "The Islamic World Faces Its Future." American Diplomacy: 1-10.
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United States and the western allies. This is important to this study in that the core tactics of the
coalition forces are based upon Napoleonic tactics and philosophies. While efforts of change in
tactics and strategies are currently being made and many have been implemented, the fact
remains that the forces the United States are engaged with, much like the colonials of the
American Revolution, don’t fight war fairly. The day of armies against armies is drawing to a
close and a change is necessary to be able to effectively engage in this new world of warfare.
Poole states that the Quran stresses combat that is close and hand to hand and that retreat
is not allowed unless it is to move to a better place from which to fight.96 Poole further states
that these teachings closely align with the Maoist theory of mobile warfare.97 Poole’s book
points out that there is very little known about the training camps in Syria, Lebanon, Libya, Iraq
and South Yemen before the year of 1979. He states that most of those that were attending and
in training were the resultant members of the Iranian Revolutionary Guard and Lebanese
Hezbollah.98 To understand where the United States is today the United States must look at the
foundations of the current, active, MGF units.
Hamid Dabashi and Tariq Ramadan study the conflicts between culture and political
economics as they relate to the Arab Revolution in their article “It is not over yet: The Arab
Revolution between Culture and Political Economy.” Their historical basis for these concepts is
important to this research. With this study, an understanding of the reasons behind the Arab
Revolution can be ascertained and, in doing so, an understanding of current world views can be
applied to how culture impacts strategy and the operational art.99
96
Poole, H. John. Tactics of the Crescent Moon. Emerald Isle: Posterity Press, 2004
Poole, H. John. Tactics of the Crescent Moon. Emerald Isle: Posterity Press, 2004
98
Poole, H. John. Tactics of the Crescent Moon. Emerald Isle: Posterity Press, 2004 see noted about footnotes
99
Tassone, Giuseppe. 2015. "It is not over yet: The Arab Revolution Between Culture and Political
Economy." Arab Studies Quarterly 37, no. 4: 334-350
97
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It is necessary to understand the definitions of society, culture and civilization in order to
analyze the impact that culture has on the development of strategy, operational art and tactics.
These meanings can alter the viewpoint of this study and are critically important to ensure that
understanding occurs. Society, and civilization, are both broad terms. Society identifies groups
of people with very distinctive social patterns, a common identity and occupation of a clearly
defined territory.100 Culture refers to the beliefs and rules/values that define how a society
chooses to live.101 Society and social structure develop because of the culture that they are a part
of. Civilization is the assembly of different peoples, with potentially different cultures driven by
different social structures, governed by different societal values. From a government viewpoint,
the United States is a good example. Inside of the United States, there are different societies
with different values and viewpoints; however, the culture of the United States accepts these
different values, creating the civilization that exists today.
To understand how the culture and philosophies of Islam impact the decisions made at
the strategic, operational and tactical level, it is important to understand how the foundations of
Islamic culture impact the functions of the Islamic world. Connected to this are the influences of
tribal mentality and religion as well as the current conflicts, internal and external, that are
occurring within Islam as it struggles to move into the modern, westernized world. The
following sections will look specifically at each of these topics: Islamic culture, tribal influences,
future of Islam and religion and its impact.
In Sinan Yilmaz’s article, “The Uniqueness of Islamic Culture,” the ideas of culture and
civilization are visited specifically as they apply in the context of this study – Islamic culture. In
Islam, the word “Umran” means both culture and civilization whereas the word “Harth” means
100
101
Lewis Coser and Robert King Merton. Introduction to sociology. San Diego: Harcourt Brace Jovanovich, 1991.
Lewis Coser and Robert King Merton. Introduction to sociology. Ibid
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culture specifically.102 To understand how this belief of culture (Umran) affects the world of
Islam and Muslims as well as the Western nations, it is necessary to look at the teachings of the
Quran. In Chapter 3: Al-e Imran verses 84-86 the teachings specifically address how those that
are non-Muslims are considered the “losers”.
Say, "We have believed in Allah and in what was revealed to us and what was revealed
to Abraham, Ishmael, Isaac, Jacob, and the Descendants, and in what was given to Moses
and Jesus and to the prophets from their Lord. We make no distinction between any of
them, and we are Muslims [submitting] to Him."
And whoever desires other than Islam as religion - never will it be accepted from him,
and he, in the Hereafter, will be among the losers.
How shall Allah guide a people who disbelieved after their belief and had witnessed that
the Messenger is true and clear signs had come to them? And Allah does not guide the
wrongdoing people.
Those - their recompense will be that upon them is the curse of Allah and the angels and
the people, all together, Abiding eternally therein. The punishment will not be lightened
for them, nor will they be reprieved.103
What is interesting about these verses is the cultural belief that those that desire a religion
other than Islam will never be accepted by Allah. Furthermore, the understanding, religiously,
that the nonbeliever is unguided, as Allah will not guide the nonbeliever, and the wrongdoing
that the unbeliever may do will lead to punishment. In the discussion of religion as culture, a
critical part of understanding is how religion impacts people across geography, language,
ethnicity, and common history. Religion, especially Islam, is interwoven into the culture and
civilization of Islamic practitioners and Muslims because of the ideological tenants to which it
ascribes.104 If it is accepted, per the verses of the Quran mentioned, that Islam is the only
acceptable religion, then it must also be assumed that the only acceptable culture is the Islamic
culture. Granted, this is from the view of those practicing Islam and, therefore, limited to a
102
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014).
103
"Surah Ali 'Imran [3:84-88]." Surah Ali 'Imran [3:84]. https://quran.com/3/84.
104
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014). doi:10.7596/taksad.v3i3.378.
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single cultural mindset; however, it does explain the actions of some radicalized practitioners of
Islam.
Yilmaz states that as culture is being studied specific to Islam and Muslims that it is
necessary to distinguish between Islamic culture and Muslim culture.105 Yilmaz argues that the
two are dissimilar because Muslims are people and, therefore, fallible. Additionally, Yilmaz
states that the “mistakes that the people had made individually concern themselves and other
members of their groups” and that the religion cannot be held responsible for those beliefs
because Allah wouldn’t order a people to do wrong.106 Due to this, the actions of any Muslim
Guerilla Fighter (MGF) are justifiable by the ideological culture of the religion that they practice
without negative outcome because Allah wouldn’t have ordered a practitioner to do wrong. A
challenge in the current day is the concept of modernization of Islamic culture and how that
impacts the ideological beliefs of the practitioners of Islam. Yilmaz states that the best way to
understand the variance between Muslim and Islamic culture is to recognize that Muslim
societies fall into two categories: 1.) those that are not contrary to the spirit of Islam and follow
the rules of Islam (Islamic culture) and 2.) those that are contrary to the spirit of Islam and do not
follow the rules of Islam (Muslim culture).107 The disparity, and in part the intent of this paper,
comes again in the teachings of the Quran which state that Allah would not allow a person to do
wrong and therefore all actions are under the protection of Allah. Culturally, the conflict of
modernization, Westernization, is the perceived loss of Islamic culture for Muslim culture.
105
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014). doi:10.7596/taksad.v3i3.378.
106
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014). doi:10.7596/taksad.v3i3.378.
107
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014). Use only one footnote for all of these.
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As times are changing and the events of revolutions continue to be felt events like Tahrir
Square in Egypt will affect how governments and people change their beliefs. These changes
affect the future of Islam and Islamic culture will face change. This future has been in the
making since the fifteenth century, and the tumultuous chaos of the traditional lands of Islam
today are the result. The Islamic World are in the throes of challenging times. The effects of the
western world and their viewpoints, while experienced in antiquity, truly came to a forefront
with the division of the Ottoman Empire at the conclusion of World War 1.108 Benjamin Landis
in his article, “The Islamic World Faces Its Future,” stated that the result of the last five centuries
of attacks and on colonization of the different parts of the Islamic world have resulted in the
nations of Islam all being under the control of western powers except for Iran, Afghanistan and
Turkey. Because of the actions of the western powers and the development of the state of Israel
in 1948, the Islamic peoples came to a place where they had no external power to influence their
world and so reverted internally to their religion in order to maintain their identity. Furthermore,
their social structures and attitudes maintained a medieval mentality based on a tiered social class
system run by monarchial or dictatorial leadership castes.109 As each of these states regained
their independence from the western powers that had become responsible for their governance,
they found themselves in a position where they had no experience in self-rule and a political
heritage based on tribal and provincial lines. As this independence established itself, the
medieval social structures and societies of the Islamic World have been moved into greater
connection with the modern world and westernization. The transformation has occurred because
of the cultural export of western cultural values; as nations modernize, they westernize as well.110
108
Landis, Benjamin. 2015. "The Islamic World Faces Its Future." American Diplomacy: 1-10
Landis, 1-10 note on footnote
110
Yilmaz, Sinan. "The Uniqueness of Islamic Culture." Journal of History Culture and Art Research 3, no. 3
(September 23, 2014).
109
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The Arab Spring of 2011was the result of this westernization in mentality. An ongoing
challenge to the westernization and modernization of the Islamic World is the nature of Islamic
tradition. Islamic tradition, tied to the centuries of introspection and focus on religion as the
sense of self and way of governance, does not follow the same philosophies of democratic
concepts such as human rights and individual liberties. As the Islamic World is adapting and
adjusting to the new concepts it is adopting under modernization, there are external and internal
forces that are exemplified in the violence witnessed today.
As the influences of western beliefs and the conflicts and changes that they bring
continues, there has been a strong reactionary response. This is driven by the experiences of the
Islamic World since the Christian crusades. According to Landis in “The Islamic World Faces
Its Future” the reactionary forces take two primary forms. The first is International Terrorism
and the second Internal Conflict. Both of these are driven by the trauma of conquest and
colonization and a desire to “remain fundamentalist Muslim.”111 This is based on how they, the
Islamic World, turned internally to their religion and like all religious fanatics have ingrained
desires to make others follow their beliefs. This is the first form, and, like all fanatics, they are
willing to destroy their world, the Islamic World, in order to achieve their fundamentalist goal.112
An additional external force is the state of Israel. The establishment of the state of Israel in 1948
was viewed, by the Islamic World, as a new attack against the Islamic State as lands that
belonged to the Islamic World were taken and given to Israel. This action, and the following
actions over the years of U.S./Israel relations, has continued to drive the discontent of the Islamic
World against both Israel and the United States. This discontent has been present on the world
111
112
Landis, Benjamin. 2015. "The Islamic World Faces Its Future." American Diplomacy: 1-10
Landis, 1-10
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stage for the last 60 years in the Israeli-Palestine conflict113 and, in many ways, is responsible for
the birth of Muslim Terrorism the world over today.
The direct conflicts between the beliefs of Islam and those of other religions is the source
of most internal conflicts today in the Islamic World. This is historically driven in that the
“west” has tried to suppress the people of Islam and the religion of Islam, internalized, which
was the only source of power for the people of the Islamic World for many years. The
introduction of the concepts of democracy and human rights, as the west sees them, is in direct
conflict with the core sense of self for Islamic peoples and creates conflict that is exhibited at all
levels of the civilization – politics, religious practices, equality and human rights.
Since previous sections of this study have looked at other aspects of culture as they apply
to the Islamic and Muslim world, the next section will shift and focus specifically on those that
would be deemed as fanatics.
Dale Eikmeir, in his article “Qutbism: An Ideology of Islamic-Fascism”, discusses the
National Military Strategic Plan for the War on Terrorism (NMSP-WOT) and how, as the
NMSP-WOT have studied the various Islamic/Muslim terrorist groups that the NMSP-WOT
have identified “ideology” as the singular force behind Al-Qaeda.114 The ideology in question is
not necessarily Islam, yet it isn’t entirely not Islam. Islam, when presented as the ideology of
Islam-Fascism115, is focused on a collection of violent thoughts and theories called Qutbism.
Qutbism developed from the writings of Sayyid Qutb, Abul Ala Maududi and Hassan al Banna.
What is interesting about Qutbism is that it isn’t a structured body of thought nor a concrete
concept, but a collection of puritanical and intolerant Islamic orientations. At its core, Qutbism
113
Landis, 1-10 footnotes
Eikmeier, Dale C. 2007. "Qutbism: An Ideology of Islamic-Fascism." Parameters37, no. 1: 85-97
115
Eikmeier, 85-97
114
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is the integration of the teachings of Sayyid Qutb, Abul Ala Maududi and Hassan al Banna into
an argument that justifies the use of armed jihad and other violent means to ensure that the nonMuslims are removed so that the reign of God can occur.116 As this belief is based on Qutbism,
its foundations are mired in a puritan Islamic orientation. These beliefs, taught by the religious
doctrines of Wahabbi, Salafi and Deobandi, are similar in many regards and all follow 4 core
beliefs:
1. Muslims have deviated from “true” Islam and must return to “pure” Islam.
2. “Pure” Islam may only be achieved by literal and strict interpretation of the Quran and
Hadith.
3. Muslims should be allowed to individually interpret the means of the teachings without
being beholden to the Islamic scholars.
4. That any interpretation of the Quran from a historical perspective is a corruption of the
word.117
These beliefs, puritan in nature, combine to create an environment for the Islamic-Fascist that
states that the only way to halt the decline of Muslim society and culture is to establish the
Islamic states where Islam rules independent of non-Islamic world views. Maududi taught that
Islam is more than a religion; that it was a complete social system that controls and guides all
aspects of life including the government.118 Hassan al Banna and Sayyid Qutb, in regards to
Islamic and Muslim terrorism, established the guiding principal values of the terrorist in their
teachings that an offensive jihad against those that were nonbelievers and non-Muslim in an
effort to spread Islam and the “rule of God” was not just justified but glorious in its
performance.119
116
Eikmeier, 85-97
Eikmeier, 85-97 footnotes
118
Eikmeier, 85-97
119
Eikmeier, 85-97 footnotes
117
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If, based on the religious ideology of the Islamic Guerilla Fighters, the concept of
offensive jihad is acceptable, then it must be accepted that the strategies used by the leadership
will follow the same philosophies.
The challenge for the western world and the western militaries is accepting that the
conflicts they are engaged in are of a religious nature and that they do not follow the standard
rules of engagement or reason. If it is taught, believed and practiced that the acts of those
employing the philosophies of Islamic-Fascism are not only acceptable but encouraged as it is in
the service of their god, the ideological drive of these beliefs is such that no amount of modern
military material will change the tide of current conflicts nor of the conflicts to come. While this
segment of the Muslim world is only a part of the whole, the balance of the will of the people
must be such that it outweighs the will of the few in order for change to take place. Until that
end, those that choose a radicalized philosophy will continue to fight a war driven by beliefs and
not congruent consistent strategy. This impacts the operational art of the conflicts because, not
acting as a singular force, these individual groups based on the tribal and religious lines of the
Muslim and Islamic World fight with different goals and objectives. While, on some level, all
fight to ensure that a true Islamic State is created and that the laws of Islam are enforced and
maintained, each is driven by slightly different motivators based on the specifics of their tribal
divisions. Whether it is the Shia, the Sunni, or some other sect, the division of the sects hinders
the operational effectiveness of the whole. In the end, at least where Muslim and Islamic
Guerilla Fighters are concerned, they are left with the tactics of terrorism and operations from the
shadows that we see across western society today. If and when these groups unify and set aside
their differences, the battle lines may change and conflicts more conventional in nature may be
seen.
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For any group or government, the actions of the body must be guided by the decisions of
the heart. For the Islamic terrorist the fact the culture of Islam, divided as it may be between
Islamic culture and Muslim culture, is still driven by the religious ideologies of Islam. Under
these ideologies it is justifiable that an action, taken to further the development of the Islamic
state and the teachings of Islam, is an appropriate action under an offensive jihad. Until the
United States and other western powers can release themselves of the perceived obligation to act
in country and act in opposition to each other, the conflict between Islam and the west will
continue. As it was stated by Thomas Jefferson in a letter to William Smith, 13 November 1787:
The people cannot be all, and always, well informed. The part which is wrong will be
discontented in proportion to the importance of the facts they misconceive. If they remain
quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty.
We have had 13. states independent 11. years. There has been one rebellion. That comes to
one rebellion in a century and a half for each state. What country ever existed a century and
a half without a rebellion? And what country can preserve its liberties if their rulers are not
warned from time to time that their people preserve the spirit of resistance? Let them take
arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a
few lives lost in a century or two? The tree of liberty must be refreshed from time to time
with the blood of patriots and tyrants.120
The Islamic world is engaged in its own revolution and, for those fighting for the liberties of
freedom that the western culture presents, the tree of liberty must be refreshed with the blood of
patriots and tyrants. This revolution – a revolution against its history, religion, social structure,
society, governments, its people, the concepts of freedom, the teachings and influences of the
west and all those that are perceived to be invaders of their lands – has only just begun. The
historic precedent for this stretches well beyond the Christian Crusades and finds its first conflict
under the leadership of Abraham.
120
The tree of liberty...(Quotation) - Thomas Jefferson Encyclopedia.
http://wiki.monticello.org/mediawiki/index.php/The_tree_of_liberty...(Quotation).
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Chapter 7: Findings and Analysis
The research presents a complex set of challenges for American military and law
enforcement units. The military functions from a centralized command and control structure
with soldiers receiving training based on the role and position that they hold in their assigned
service branch. While the military can function effectively and efficiently with mixed units
because of the foundation of each unit’s training, the military is limited in its ability to act on
United States soil by the Posse Comitatus Act which says it can’t act on domestic soil unless it is
in an advisory or support capacity under the direction and control of local authorities. Actions
by the active and reserve military on domestic soil cannot be conducted under military control.
The National Guard, on the other hand, can act on domestic soil because it serves a different
purpose and role. The National Guard has been rooted in its dual-purpose role since the first
colonists directed to form militia units to protect the colonies from Indian attack. Since the
National Guard is a militia and works for the state, the Guard, in this capacity, has the ability to
freely respond to any instance the governor determines necessary. The Guard also has the ability
to act under federal command; however, once under federal orders. the dual capacity of the
Guard ceases.
Law enforcement is equally challenged. The number of law enforcement units that may
coexist within a municipality collide in responsibility. This collision is compounded by the
inability to communicate with each other, a lack of standardization of equipment and no single
chain of command. In each municipality, the law enforcement units that may exist consist of the
city marshals, city police, constables (county controlled), sheriff’s office (county controlled),
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state police/highway patrol (state controlled), U.S law enforcement (customs and immigration,
drug enforcement, FBI and others). These units of law enforcement operate separately yet in
tandem without the singular command structure that exists in a joint environment, causing
ineffective responses to any particular event that mandates more than a single entity response.
Law enforcement training and education in the United States creates a significant
challenge because current practices disconnect the professionalism of law enforcement from the
educational pathways that are available. To become a teacher, it is necessary to attend college
and obtain a degree in education. This is not true for law enforcement. While the basic law
enforcement training may all meet state regulatory requirements, the lack of consistency among
training academies produces officers who have different capabilities.
This study postulates that the United States should implement a singular policing system
that combines all of these forces into a national police force to effectively address critical
incidents in the United States in the future. The research conducted supports this idea when
viewed through the European model of police education and training. In that model, all officers
are educated to the same level, or at least the same standards, since the certifying entity is the law
enforcement for the nation itself. Frequently these programs are run and regulated by a national
entity like the Ministry of the Interior whereas the Federal Bureau of Investigation (FBI), the
premier law enforcement agency in the United States, does not have regulatory control over the
individual states and their law enforcement training. The sovereign control that each state has
over its laws and regulations and the sovereign control that each municipality has over its own
police forces leads to confusion and fragmentation.
Abigail Hall and Christopher Coyne in their article, “The Militarization of U.S. Domestic
Policing”, for The Independent Review Spring 2013 posed the question of whether the
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government could be both empowered and constrained. They argue that for government to
function, there must be a balance between the citizens allowing governing forces to control their
lives while limiting the extent of those same powers.121 The authors use the examples of Nazi
Germany, Josef Stalin, and Mao Tse-Tung as indicators of the consequences of government
unconstrained, stating that the effective check and balance system on government is elusive.122
The ability of the government to deploy military force as an ultimate response conflicts with the
theories that force can serve as a protection since that very force may undermine the rights that
the government is trying to protect.
The foundation of this paradox is the difference in the purposes of the military and law
enforcement. The mission of law enforcement agencies is upholding the laws of the arena in
which they are working and keeping the peace. They are also charged with the protection of the
rights of the citizen, victims and the criminals alike.123 Police, by the nature of their work, resort
to the application of force only as a matter of last resort. The military trains to engage and
destroy the forces with which they are in opposition. Hall and Coyne use the comparison of the
motto of the Los Angeles Police Department, “Protect and Serve,” and the U.S. soldiers creed, “I
stand ready to deploy, engage, and destroy the enemies of the United States of American in close
combat,” as a means of highlighting the differences in these two forces and the difference of
their function during domestic applications.124 The authors attribute the increased militarization
of police departments in the United States to the developments of the “war on drugs” and the
“war on terror.” These developments created an environment where the focus was no longer on
121
Abigail Hall and Christopher J. Coyne, “The Militarization of U.S. Domestic Policing.” (The Independent
Review 17, no. 4, 2013: 485-504) See earlier notes
122
Hall and Coyne, 485
123
Hall and Coyne, 486 see earlier notes
124 Hall and Coyne, 486
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the protection of the citizens but on the eradication of an “enemy”125 and have led to decades of
law enforcement adopting military practices and equipment. The number of Special Weapons
and Tactics (SWAT) teams that have developed in law enforcement agencies is a direct result. In
1982, approximately, 59 percent of departments in the United States had SWAT teams. That
number was 78 percent in 1990 and 89 percent in 1995.126 This militarization of police
departments in an effort to combat the enemy, drugs and terror, has further driven the actions and
training from a focus on enforcement of laws to the active pursuit of the enemies. This is a direct
conflict to the role of law enforcement in the United States.127
Hall and Coyne present two theories of militarization: direct and indirect militarization.
Direct militarization is the application of military force directly against the citizens to control and
repress them.128 Indirect militarization occurs when, over time, the domestic police forces
develop similar characteristics of the nation’s military forces. Indirect militarization modifies the
nature of law enforcement work from protection and enforcement of laws to the proactive “hunt”
for criminals.129 These theories of militarization are inherently tied to the tendencies of
bureaucracies to push and expand their responsibilities to justify greater spending leading to
increased budgets and influences.130 Hall and Coyne show this tendency in their study. The U.S.
government spent $306 billion dollars on defense in 1988 and $698 billion in 2010; law
enforcement followed a similar trend with a 445 percent increase between 1982 and 2007.131
125
Hall and Coyne, 486 see my footnote comments
Hall and Coyne, 486
127
Hall and Coyne, 487
128
Hall and Coyne, 487
129 Hall and Coyne, 487
130
Hall and Coyne, 488
131
Hall and Coyne, 488
126
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This study argues that an increase in spending and the acquisition of military equipment results
in an erosion of constraints on domestic policing activities.
As the crises following the war on drugs and the war on terror have become increasingly
threatening, the reactions in the military and law enforcement have led to a fundamental shift in
the way these organizations conduct day-to-day operations. The authors say these developments
are troubling because of two reasons. The first is that the operations for both occur domestically
and internationally and thus military operations exist on domestic soil. Secondly, neither the war
on drugs nor the war on terror have a clear, definitive end point.132
Hall and Coyne conclude that while the restriction of power of the government exists
under constitutional rules, it is the actions of individual agencies and their tendency to expand
their operations and their budgets that prevents these restrictions from occurring. They also
conclude that, while there are limitations on both the military and the law enforcement agencies,
the power of both of these organizations will continue to grow as long as the “war on drugs” and
the “war on terror” continue without a defining end point. The past has shown that post conflict
or crisis, the government tends to shrink from the expansion that occurred although never to the
size before the conflict. With a continuous enemy – drugs and terror – at what point does the
government begin to shrink? The final conclusion presented is that as situations requiring the
ongoing collaboration between military and law enforcement agencies continue, the ability to
separate these organizations both economically and politically erodes.133
132
133
Hall and Coyne, 490 see my notes about footnotes
Hall and Coyne, 500
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Chapter 8: Conclusions and Recommendations
The discussion of law enforcement, militarized police forces, and the use of the United
States military on United States soil is difficult and convoluted. Like so many issues, the
answers aren’t simple, they aren’t inexpensive, and they often require compromise.
The use of the military for domestic applications leads to a difficult discussion because
the ability of the military to deploy in response to a critical incident is significantly greater than
the force response possible for individual departments. A compromise between the limitations of
the PCA and the need for a coordinated response is the only best outcome. This outcome could
occur with the creation of a national police force centralized under the control of the National
Guard Bureau run by the individual states. This would provide a consistent methodological
approach to law enforcement across the nation and still allow for individual states to enforce
their own laws.
Joint operational design and planning, joint operational command and control and joint
operational doctrine and execution has continued its development for the United States military
under the guidelines of the Goldwater-Nichols Act (GNA). Joint operational planners have
begun to recognize the advantages and benefits that adding other governmental agencies (OGA)
and non-governmental agencies (NGO) provides to the battle space. These elements are in
active use where American forces are deployed, yet the same or similar considerations aren’t
used as prevalently on United States soil regarding the war on terrorism. While joint task forces
are in place and documents like Homeland Security Presidential Directive 5 (HSPD-5) outline
the requirements for law enforcement and where they fall under command and control of the
Secretary of Homeland Security, it has been challenging to establish the joint operational
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planning among federal, state and municipal forces to develop truly integrated and effective
interagency cooperation.
HSPD-5 specifically states that the federal government recognizes that the initial
response to domestic incidents falls on the state and municipal resources and that the federal
government will assist when additional resources are needed or when it is in the direct interest of
the federal government.134 While this specifically shows a division in the planning and execution
of response to incidents, one of the outcomes of the HSPD-5 was the establishment of the
National Incident Management System (NIMS) which removed radio communication coding (10
codes) from communication between state and municipal agencies when responding to incidents.
While HSPD-5 may not have had the same impact as the GNA on joint operations between
federal, state and municipal agencies, it did establish specific requirements for federal support
and funding of special weapons and tactics (SWAT) forces around the country. Federal support
for these units within state and municipal agencies was established based on a tiered team system
that ensured units had the composition to respond effectively and did encourage small agencies
to partner with each other to have a team large enough to response to critical incidents. What
HSPD-5 did for intraagency and interagency communication during critical incidents, HSPD-8
did for coordination. HSPD-8 established that the Secretary of Homeland Security was
responsible for the coordination of various agencies when responding to a critical incident. This
is similar to the results of the GNA in that both documents established expectations of command
and control across various entities to ensure that they were coordinated. Additionally, HSPD-5
and HSPD-8 established the requirements and expectations for the reallocation of military grade
hardware to the public sector of law enforcement.
134
"Homeland Security Presidential Directive 5." Department of Homeland Security. Accessed November 1, 2017.
https://www.dhs.gov/.
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Air Force Doctrine 2-10, Homeland Security, presents specific challenges as it addresses
the differences between homeland security and homeland defense. The underlying challenge is
the concept of responsibility. The “defense” of the homeland is the role and responsibility of the
military, yet the military cannot, under current congressional law, be used on domestic soil for
domestic protection without addressing the concerns of Posse Comitatus. At the same time the
military has a duty and an obligation under HSPD-5 and HSPD-8 as well as various documents
like Air Force Doctrine 2-10 to interface and support state and local law enforcement when
called upon to do so. The U.S. Coast Guard is a key example in that, when operating under
Coast Guard regulations on a U.S. naval vessel, the vessel is no longer a United States Navy
ship. It is an auxiliary of the U.S. Coast Guard until the duties it has been tasked with are
completed. This is a case of joint operations under the directions of Homeland Security with U.S.
military hardware. This idea, the coordination of effort between military assets and civilian
authorities, is further supported in the peer reviewed works of Lt. Col. Alexus Grynkewich,
United States Air Force. In his article, “Maritime Homeland Defense: A Role for Air Power,” Lt.
Col. Grynkewich contends that, with the resourcefulness of terrorist attacks on United States soil,
land-based airpower has a distinct and purposeful mission in the homeland defense arena.135 As
AFD 2-10 supports this action when it is in line with the national strategy, it only makes sense to
leverage the strengths of the forces available.
How have military joint operations processes impacted Homeland Security practices as
interagency and interagency organizations function, specific to dealing with threats to United
States National Security? As the GNA was implemented in 1986, the process of revision to the
135
Grynkewich, Alexus G. 2007. "Maritime Homeland Defense: A Role for Land-Based Airpower?" Air & Space
Power Journal 21, no. 4: 86-97,127, https://search-proquestcom.ezproxy1.apus.edu/docview/217772377?accountid=8289.
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United States military machine has involved several conflicts, multiple deployments, several
multinational coalitions and strife among politicians, policy makers, strategists and commanders.
As each engagement occurred, the process and understanding of joint operations and joint
operational planning has evolved to where the United States military machine is today. The
military and its components, while still developing the practices of joint operations through the
development of doctrine, has moved into a place of execution that involves both governmental
and non-governmental agencies in the battlespace.
This same execution has yet to take hold in the domestic arena to the same level as it has
in the Department of Defense. This is based, in part, on the historical concerns of military use on
domestic soil and in the challenges of organizing and orchestrating each state-based agency.
With approximately 18,000 police departments136 in the United States, the challenge is not only
creating a national focus and law enforcement strategy but ensuring the adoption of this strategy
to include the federal agencies. The adoption of the GNA by the Department of Defense is easier
in that the levels of adoption are all at the same level working in the same offices under a single
national direction. As national strategy for homeland security and defense continues to develop
under the direction of the Department of Homeland Security, a tandem approach must be
developed that includes both federal (military and governmental agencies) and state/municipal
agencies. Joint operational design, guided by the results of the Goldwater-Nichols Act, has
established an effective framework with the developed documentation to work from. It is a
process of adapting the existing joint publications to a domestic role.
136
"How many police departments are in the U.S.?" @politifact. Accessed November 15, 2017.
http://www.politifact.com/punditfact/statements/2016/jul/10/charles-ramsey/how-many-police-departmentsare-us/.
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The militarization of law enforcement and the policies connected to the use of the
military in response to domestic incidents is the responsibility of the politicians. The challenge
is balancing the freedoms fundamental in the United States Constitution and the violation of the
freedoms that are necessary for protection. This adaptation of policies occurs on a number of
levels. At the federal level, it is the use of the military and other governmental agencies as
necessary. At the state level, it is the use of various law enforcement agencies and the creation
of a flexible concept of jurisdiction. The state level is the more complex in that it is a
reassignment of the various arms of law enforcement into a singular model. The current model
of use for both law enforcement and the military in response to a domestic disaster is a sound
model and could be used as the foundation for an existing structure; however, the challenges that
have presented themselves in disasters like Hurricane Katrina where military powers were
limited and federal relief response was ineffective may speak to the creation of a command
structure similar to the combatant commands in combat theaters.
In events where the act is of a significant enough size to cause the Department of Defense
to respond it would be the role of the JTF-CS to manage the assets. To understand the role of the
JTF-CS, it is important to understand the mission of the JTF-CS and the two types of
management operations that it may become involved in.
What is the JTF-CS? The JTF-CS is a standing task force located at Fort Monroe,
Virginia, that consists of 185 military and civilian personnel. It is a deployable command and
control headquarters to execute consequence management in response to a chemical, biological,
radiological, nuclear or explosive (CBRNE) event.137 Command of the JTF-CS falls to an Army
137
Bradley, Stephens, Shaw, 68
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National Guard major general operating under Title 10 orders. Title 10 of the U.S. Code controls
elements of the military operating under federal control.138 Additional personnel come from the
other branches of the military from both the reserve components and active duty. The JTF-CS
was the result of the Unified Command Plan for 1999 and has the operational capability and
oversight for CBRNE events driven to support civil authorities.139 The mission of the JTF-CS is
consequence management and not crisis management. Consequence management focuses on the
effects of an incident driven to save lives, prevent further injury and provide critical life support
to those in the field.140 Crisis management focuses on the causes of the actors.
While the PCA only restricts the use of the Army or the Air Force, the Department of
Defense has extended these provisions to include all branches. The Secretary of the Navy and
the Secretary of Defense may make exceptions on a case by case basis if warranted.141 The
National Guard falls outside the purview of the PCA so long as they are operating under Title 32
or state orders. The Coast Guard falls outside the PCA because its primary mission is law
enforcement. As the discussion on the relevance of the PCA has continued since enactment in
1878, statutory exceptions have developed. These exceptions allow the use of military forces in
a domestic capability in specific instances. The Insurrection Act is one such exception. This
exception allows the president to use military forces in response to domestic violence that
impacts the execution of federal law. Another exception allows use of the military in response to
138
Bradley, Stephens, Shaw, 69
Bradley, Stephens, Shaw, 69 my notes on footnotes
140
Bradley, Stephens, Shaw, 69
141
Bradley, Stephens, Shaw, 71
139
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events involving nuclear terrorism although only limited use is authorized where chemical or
biological agents are deployed.142
The authors, in conclusion, determined that the use of the JTF-CS in response to CBRNE
events utilizing consequence management techniques is not a violation of the PCA. This
determination was drawn from the purpose of the JTF-CS, which is to provide support to civil
authorities and not enforce the laws of the land. Where members of the JTF-CS find themselves
operating in a law enforcement capacity, the incident must transfer to another operational
command for the law enforcement mission or become the responsibility of law enforcement on
scene at the time.143
Conclusions:
The hypothesis of this study is that traditional policing models and policies dictating the
use of military forces on United States soil have become ineffective and inefficient and require
revision to ensure domestic protection in critical incidents. The research supports this theory.
The revision of law enforcement and military use domestically requires a restructuring of the
various agencies following the tenants of joint operation design and theory. This is a difficult
proposition because it requires a fundamental shift in thought in both the political and civil realm
as to the roles and responsibilities of law enforcement. An additional question to address is
whether the political arena, both in governmental entities and in the civilian populace, will adapt
to a change in policies of this magnitude. The research did not indicate how the civilian and
142
143
Bradley, Stephens, Shaw, 72
Bradley, Stephens, Shaw, 74 see notes on footnotes
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political populations in the United States would respond to changes in military and law
enforcement structure of this magnitude.
Based on the research, a more effective future military and law enforcement relationship
in the United States requires a shift in thought and practice. This paper argues that a more
European model of law enforcement must be adopted by the United States. There needs to be a
consistent core of education that all officers obtain. At the university level the completion of a
criminal justice degree should be directly correlated to a position within the law enforcement
community similar to how a degree in education is tied to a teaching position. Current law
enforcement academies average approximately 20 weeks-worth of training which is consistent
with the time requirement of the U.S. Army’s Military Police training. While the length of
training is consistent the difference is that all military police receive the same training whereas
law enforcement receives different training based upon state requirements. There is no
consistency of training for law enforcement across the United States.
The future model of law enforcement, in the opinion of this author, should be a nonmilitary arm of the National Guard operated under the National Guard Bureau. As a nonmilitary arm, the civilian law enforcement units would not be available for federalized service
and would function similar to how the Guard operates today in regard to critical incidents. The
difference would be that all law enforcement personnel would have the same basis of training
through the federal government with the same equipment support ensuring interoperability in
both day-to-day operations and critical incidents. Future officers would attend basic training and
basic military police school. Upon completion, those officers would return to their states and
receive state specific law and municipality specific education. Command and control would
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function as with a National Guard command with the only difference being that there would not
be a set term of service as there is for standard military personnel.
Follow up research and studies need to occur to look at a total approach to prevention of
attacks on American soil and the structure of the forces available to address such attacks. Future
studies should delve deeper into the political, sociological and cultural impact that a centralized
model of law enforcement would have on the United States. Connected to this is an in-depth
look at the role of the National Guard as the overall centralized police structure for effective
large-scale response to critical incidents.
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Appendix 1 – Domestic Hate/Terrorist Groups within the United States
The following maps show the concentration of hate/extremist groups across the United
States according to the research of the Southern Poverty Law Center. These maps are current as
of 2017 and are updated yearly by the Southern Poverty Law Center.
Anti-Muslim Hate Groups
Number of active groups – 101
Figure 7: Anti-Muslim Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
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Black Separatists Hate Groups
Number of active groups - 193
Figure 8: Black Separatist Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
Anti LGBT Hate Groups
Number of active groups - 52
Figure 9: Anti-LGBT Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
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Ku Klux Klan Hate Groups
Number of active groups - 130
Figure 10: KKK Hate Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
Neo-Confederate Hate Groups
Number of active groups - 43
Figure 11: Neo-Confederate Hate Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
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Neo-Nazi Hate Groups
Number of active groups - 99
Figure 12: Neo-Nazi Hate Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
Racist Skinhead Hate Groups
Number of active groups - 78
Figure 13: Racist Skinhead Hate Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
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White Nationalists Hate Groups
Number of active groups - 100
Figure 14: White Nationalists Hate Groups
Source: "Hate Map." Southern Poverty Law Center. Accessed February 23, 2018. https://www.splcenter.org/hatemap.
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Appendix 2 – Law Enforcement and Military Police Organizational
Charts
The following organizational charts outline the structure for police departments, sheriff’s
offices, the Texas Department of Public Safety, and the United States Army Military Police.
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Texas Department of Public Safety
Figure 15: Texas Department of Public Safety Organizational Chart
Source: Team, DPS Web. "TxDPS - Texas Department of Public Safety." TxDPS - Texas Department of Public Safety.
http://www.dps.texas.gov/. Accessed February 22, 2018
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Abilene, Texas, Police Department
Organizational Chart as of 2015
Figure 16: Abilene, Texas Police Department Organizational Chart
Source: "Abilene Police Department - Home." Abilene Police Department - Home. http://www.abilenepolice.org/. Accessed
February 22, 2018
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Dallas, Texas Police Department
Organizational Chart as of 2011
Figure 17: Dallas Police Department Organizational Chart
Source: "Dallas Police Department." Home. http://www.dallaspolice.net/. Accessed February 22, 2018
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Jacksonville, Florida, Sheriff’s Office
Organizational Chart as of 2018
Figure 18: Jacksonville, Florida Sheriff’s Office Organizational Chart
Source: "Sheriff's Office." City of Jacksonville. http://www.coj.net/departments/sheriffs-office.aspx.
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Palm Beach County (Florida) Sheriff’s Office
Organizational Chart
Source: "PBSO." Palm Beach County Sheriff's Office. http://www.pbso.org/. Accessed February 22, 2018
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Appendix 3 – American Criminal Justice Degree Programs – American
Military University
The following pages contain the course catalog information from the American Public
University System/American Military University.
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Associates Degree – Criminal Justice – American Military University
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Source: "2017/2018 Undergraduate Catalog." Associate of Arts - Criminal Justice < American Public University System.
Accessed February 23, 2018. https://catalog.apus.edu/undergraduate/academic-programs/associate/associate-arts-criminaljustice/.
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Bachelor of Arts Degree – Criminal Justice – American Military University
MILS 699 Thesis
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108
MILS 699 Thesis
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109
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Source: "2017/2018 Undergraduate Catalog." Bachelor of Arts in Criminal Justice < American Public University System.
Accessed February 23, 2018. https://catalog.apus.edu/undergraduate/academic-programs/bachelors/bachelor-arts-criminaljustice/.
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Bachelor of Science – Criminal Justice/Forensics – American Military University
MILS 699 Thesis
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112
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Source: "2017/2018 Undergraduate Catalog." Bachelor of Arts in Criminal Justice < American Public University System.
Accessed February 23, 2018. https://catalog.apus.edu/undergraduate/academic-programs/bachelors/bachelor-arts-criminaljustice/.
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Masters of Arts – Criminal Justice – American Military University
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115
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Source: "2017/2018 Graduate Catalog." Master of Arts in Criminal Justice < American Public University System.
Accessed February 23, 2018. https://catalog.apus.edu/graduate/academic-programs/masters/master-arts-criminaljustice/.
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