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CJ
Chapter 16
Homeland
Security
LO1: Identify three important trends in international terrorism.
LO2: Explain why the Antiterrorism and Effective
Death Penalty Act of 1996 (AEDPA) is an important legal tool against terrorists.
LO3: Describe the primary goals of an intelligence agency and indicate how it differs from an agency that focuses solely on law enforcement.
LO4: Explain how American law enforcement agencies have used “preventive policing” to combat terrorism.
LO5: Explain how the Patriot Act has made it easier for federal agents to conduct searches during terrorism investigations.
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LO 1
Identify three important trends in international terrorism.
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Defining Terrorism :
• “the unlawful use of force against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”
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The “Supercrime” of Terrorism
• The violence factor
• The intention
• The victims
• The wrongdoers
• A “just cause”
• Organization
• Theater
• The absence of guilt
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Global
• The struggle against evil in oneself
• The struggle against evil outside of oneself
• The struggle against non-believers
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Trends in International Terrorism:
1.
Terrorists have developed more efficient methods of financing their operations.
2.
Terrorists have developed more efficient organizations.
3.
Terrorists have exploited new communication technology to mount global campaigns.
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Domestic Terrorism:
• The radicalization of religion
• The radicalization of politics
• Ecoterrorism
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Types of WMD’s:
• Biological weapons
• Chemical weapons
• Nuclear weapons
• Radiological weapons
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LO 2
Explain why the Antiterrorism and Effective Death Penalty
Act of 1996 (AEDPA) is an important legal tool against terrorists.
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The Antiterrorism and Effective Death
Penalty Act (AEDPA):
• Passed in 1995 in response to the
OKC bombings
• Prohibits persons from providing material support to foreign terrorist organizations (FTOs)
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Foreign Terrorist Organizations (FTOs)
• Foreign
• Engage in terrorist activity
• Threaten U.S. security
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The Patriot Act:
• Relaxes restrictions on information sharing between law enforcement agencies
• Creates the crime of harboring a terrorist
• Gives greater freedom to seize email records
• Increases number of border patrol agents, customers inspectors, and immigration enforcement officials.
• Allows for detention of non-U.S. citizens suspected of terrorist activity.
• Eliminates statutes of limitations for most serious terrorism-related crimes.
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The Department of Homeland Security:
• Created in 2002
• Replaced FEMA as the lead agency for disaster management
• The Secretary of Homeland Security has a cabinet-level position and reports directly to the President of the United
States
• Seven federal agencies are housed in the
DHS
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LO 3
Describe the primary goals of an intelligence agency and indicate how it differs from an agency that focuses solely on law enforcement.
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Intelligence agency:
• Works to prevent crimes or other undesirable acts by gathering information on potential wrongdoers.
– Electronic surveillance
– Human-source collection
– Open-source collection
– Counterintelligence
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Intelligence agencies
• Central Intelligence Agency (CIA)
– Gathers and analyzes information on foreign governments, corporations, and individuals
• National Security Agency (NSA)
– Focuses on communications
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LO 4
Explain how American law enforcement agencies have used “preventive policing” to combat terrorism.
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Preventive Policing:
• Preventing crimes before they occur, rather than focusing on solving them afterwards
• Informants and Intelligence
• Emergency Preparedness and
Response
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Duties of First Responders
• Securing the scene of the incident by maintaining the order
• Rescuing and treating any injured civilians
• Containing and suppressing fires or other hazardous conditions that have resulted from the incident
• Retrieving those who have been killed
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Immigration Law Basics
• Alien
• Visa requirements
• Immigration law is a form of civil law, not criminal law.
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The Role of Immigration law
• Broad powers to remove suspicious foreigners from the U.S. without proving terrorist connections
• Deals with unregulated border entry
– Each year an estimated 3 million people enter the
United States illegally
– The U.S. has 3,957 miles of border with Canada and
1,954 miles of border with Mexico.
– In 2009, 20,000 National Guard members were monitoring the Mexican border to assist the U.S. Border
Patrol.
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PREP
Customs and Border
Protection Agent
Job Description:
• Ensure that laws are observed when goods and people enter the
United States. Work at ports of entry and along the U.S. borders with Canada and Mexico to prevent smuggling and the entrance of illegal aliens.
• Conduct surveillance along the border using electronic sensors, infrared scopes, low-light television systems, and aircraft.
What Kind of Training Is Required?
• Be fluent in Spanish or be able to learn the Spanish language.
• Pass a thorough background investigation, medical examination, fitness test, and drug test.
Annual Salary Range?
$36,600–$46,500
For additional information, visit: www.cbp.gov.
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Mastering
Concepts
The Bill of Rights in the Age of Terrorism
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LO 5
Explain how the Patriot Act has made it easier for federal agents to conduct searches during terrorism investigations.
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The Patriot Act and searches
– Easier for law enforcement agencies to conduct searches
– Agencies can obtain warrants without proof of criminal activity
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The Patriot Act and surveillance
– Allows searches and surveillance if a
“significant purpose” if the investigation is intelligence gathering or any other type of antiterrorist activity.
– Expansion of Foreign Intelligence Surveillance
Act of 1978
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PREP
Transportation Security Officer
Job Description:
• Protect the public by preventing any deadly or dangerous objects from being carried onto an aircraft, boat, train, or other public transit vehicle.
• Implement security-screening procedures of passengers, baggage, and cargo.
What Kind of Training Is Required?
• Must be able to repeatedly lift and carry up to seventy pounds and maintain focus and awareness within a stressful work environment.
• Must meet job-related medical standards and pass a background investigation.
Annual Salary Range?
$28,600–$67,000
For additional information, visit: www.tsa.gov/join/index.shtm.
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The NSA and warrantless wiretaps
– Conducted warrantless surveillance of communications between suspected terrorists and Al Qaeda contacts.
– NSA allowed to wiretap any person “reasonably believed” to be outside the U.S. for seven days in order to protect national security.
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The Bush Administration’s Strategy
• Fifth Amendment – no person shall be deprived of life, liberty, or property without due process
• After 9/11, U.S. Attorney General allowed officials to detain aliens of “special interest” without charging them with a crime.
• Also allowed indefinite detention of such non-US citizens in the event of “emergency or other extraordinary circumstances.”
• Created military tribunals to establish guilt of those detained at Gunatanamo Bay (GTMO)
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The Obama Administration’s Strategy
• Announced plans to close GTMO and discontinue military tribunals
• Plans to provide access to American courts for detainees not subject to prolonged detention
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