Literature Analysis: Topic Identification & Bibliography on Community Policing

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Terrorism, Multinational Criminal Justice and Global Issues

Criminal Justice Today

An Introductory Text for the 21st Century

CHAPTER

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Comparative Criminologists

Criminologists who study crime and criminal justice on a cross-national level

By contrasting native institutions of justice with similar institutions in other countries, procedures and problems in one system can be reevaluated in the light of world experience.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Ethnocentrism and Criminal Justice

Ethnocentric

Holding a belief in the superiority of one's own social or ethnic group and culture

Only recently have students of criminal justice begun to look at the justice systems of other cultures.

Traditional methods of data collection could be offensive in other cultures.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Problems with Data

The crime rates of different nations are difficult to compare.

Differences in definitions

Diverse crime reporting practices

Political influences on the reporting of information to international agencies

Social, cultural, and economic differences among countries compound these difficulties.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Islamic Law

Islamic law descends directly from the teachings of the Prophet Muhammad and is a system of duties and rituals founded on legal and moral obligations.

Not the same thing as jihad

Bears no intrinsic relationship to acts of terrorism committed by misguided zealots with Islamic backgrounds

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Islamic Justice Philosophy

A sacred trust, a duty imposed on humans to be discharged sincerely and honestly

A mutual respect of one human being by another

An aspect of the social bond that holds society together and transforms it into a brotherhood

A command from God

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Hudud Crimes

Islamic law is based on four sources.

The Koran

The teaching of the Prophet Muhammad

A consensus of the clergy

Reason or logic

Islamic law is sometimes referred to as Sharia law.

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Hudud Crimes

The seven Hudud crimes are based on religious strictures.

They are violations of "natural law" and strict punishments are mandated for these crimes.

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Hudud Crimes

The objective of such severe punishment is:

The fulfillment of worship

The purification of society

The redemption of the individual

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Table 17-1 Crime and Punishment in Islamic Law

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Tazir Crimes

Tazir crimes include all crimes other than Hudud crimes.

Any action not considered acceptable in a spiritual society

Punishment may involve quesas (retribution) or diya (compensation or fines).

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Islamic Courts

Three levels of Islamic courts

The first level hears cases involving the potential for serious punishment.

The second level deals with relatively minor matters.

The third level includes special courts.

Men and women are treated very differently under Islamic law.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Role of the UN in Criminal Justice

UN very interested in international crime prevention and world criminal justice systems

International Bill of Human Rights

Standard Minimum Rules for the Treatment of Prisoners

UN Code of Conduct for Law Enforcement Officials

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Role of the UN in Criminal Justice

World Crime Surveys

UN Crime Congresses

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Interpol and Europol

Interpol

Acts as a clearinghouse for information on offenses and suspects believed to operate across national boundaries

Europol

Mission is to improve the effectiveness and cooperation of law enforcement agencies within the member states of the EU.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The International Criminal Court

Created in 2000 to be a permanent criminal court for trying individuals who commit the most serious crimes of concern to the international community

Goal is to be a global judicial institution with international jurisdiction complementing national legal systems around the world.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Globalization and Crime

Globalization

The internationalization of trade, services, investments, information, and other forms of human social activity, including crime

Contributes to growing similarities around the world

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Globalization and Crime

Led by multinational corporations whose operations span the globe

Criminals and terrorists also have a global vision.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Transnational Organized Crime

Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries

Partly due to ongoing process of globalization

Threatens national security of all countries

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Transnational Crime

UN requirements for crime to be considered transnational

Committed in more than one country

Committed in one country but a large part of the preparation, planning, direction, or control takes place in another country

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Transnational Crime

UN requirements for crime to be considered transnational

Committed in one country but involved organized criminal group that commits crimes in multiple countries

Committed in one country but has substantial effects on another country

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Figure 17-2 Transnational Organized Crime and Political Instability Source: United Nations Office on Drugs and Crime.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Extradition

The surrender by one state or jurisdiction to another of an individual accused or convicted of an offense in the second state or jurisdiction

A toll in the fight against transnational organized crime

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Extradition

Not all countries are willing to extradite suspects wanted in the U.S.

It is not common practice, but the forcible removal of criminal suspects is more likely with suspected terrorists.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Human Smuggling and Trafficking

Human smuggling

Illegal immigration in which an agent is paid to help a person to cross a border clandestinely.

Person generally cooperative

Must involve crossing international borders

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Human Smuggling and Trafficking

Trafficking

Exploitation of unwilling/unwitting people through force, coercion, threat, or deception

Trafficked persons are unwilling

May or may not cross international borders

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Table 17-2 Distinguishing between Human Trafficking and Smuggling

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Terrorism

A violent act or an act dangerous to human life, in violation of the criminal laws of the U.S. or of any state, that is committed to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Terrorism

Four key elements

Premeditated

Politically motivated

Violent

Committed against noncombatant targets

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Characteristics of Terrorism

No rules

No innocents

Economy

Publicity

Meaning

No clarity

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Types of Terrorism

Domestic terrorism

Terrorists based in the U.S., acts directed against U.S. government or population

International

Terrorists' activities transcend national boundaries.

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Types of Terrorism

Cyberterrorism

Uses high technology to plan and carry out terrorist attacks

Narcoterrorism

Political alliance between terrorists and drug-supplying cartels

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Figure 17-3 The Building Process for International Terrorist Organizations Source: National Strategy for Combating Terrorism (Washington, DC: White House, 2003), p. 6.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Combatting Terrorism

Antiterrorism and Effective Death Penalty Act (1996)

USA PATRIOT Act enacted after 9/11 attacks

Reauthorized in 2006 with some amendments, extended again in 2011

Created new crimes

Terrorist attacks against mass transportation, harboring or concealing terrorists, etc.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Antiterrorism Committees and Reports

Some pre-9/11 reports included suggestions that were ignored—might have helped prevent the 9/11 attacks

9/11 Commission Report

Said U.S. not properly prepared to deal with terrorist threats

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Antiterrorism Committees and Reports

"Assessing the Terrorist Threat" report (2010)

Biggest threat to national security may be from small groups or loners.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Department of Homeland Security

Homeland Security Act of 2002 created the Department of Homeland Security (DHS).

DHS charged with protecting US critical infrastructure against terrorist attack

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Department of Homeland Security

Key agencies include:

Bureau of Immigration and Customs Enforcement (ICE)

Bureau of Customs and Border Protection (CBP)

Bureau of Citizenship and Immigration Services (CIS)

U.S. Coast Guard

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

National Counterterrorism Strategy

Two-pronged approach

Reduce the scope of operations of terrorist organizations

Reduce their capability

Intelligence Reform and Terrorist Prevention Act (2004)

Created National Intelligence Director

Created National Counterterrorism Center

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Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

National Counterterrorism Strategy

The NCTC was established by executive order in 2004, although Congress codified the NCTC in the Intelligence Reform and.

Terrorism Prevention Act of 2004 and placed the NCTC within the Office of the Director of National Intelligence

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Foreign Terrorist Organizations

Criteria required for FTO designation

Organization must be foreign.

Organization must engage in terrorist activity.

Organization's activities must threaten the security of U.S. nationals or the national security of the U.S.

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

Foreign Terrorist Organizations

Consequences of FTO designation

Unlawful for anyone in U.S. to provide funds

Members and representatives can be denied entry to U.S.

U.S. financial institutions must block funds and report blockage.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Future of International Terrorism

Terrorist groups are active throughout the world.

U.S. is not their only target.

The CIA reports that "terrorist tactics will become increasingly sophisticated and designed to achieve mass casualties."

continued on next slide

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger

The Future of International Terrorism

Failed or failing states are prime breeding grounds for terrorism.

American justice system may not be fully prepared to deal with terrorist threat.

Criminal Justice Today: An Introductory Text

for the 21st Century, 14e

Frank Schmalleger