Midterm final contemporary topics CJ

· Know 15 agencies

1. Defense intelligence agency 2. department of homeland security 3. army 4. navy 5. air force 6. coast guard 7. marine corps 8. department of energy 9. national geospatial intelligence agency 10. department of energy 11. NSA 12. CIA 13. FBI 14. Drug enforcement agency 15. Department of the treasury

· US code 2339 A and Bo

18 USC 2339 A & B - providing material support. In the US it is illegal to provide material support or personnel to FTO'S

o What are some mechanisms for investigating international crimes?

INTERPOL, EUROPOL, Latin America and Caribbean Police intelligence community, US dept. of justice abroad, FBI, Mutual legal assistance treaty,

· Who designates domestic terrorist groups in the US?

We do not designate domestic groups

· Common technique for investigations

interview. Interrogation is a form of interview. polygraph is an interview not a completely different investigative technique.

· Most intrusive law enforcement techniques

o - wiretap and undercover investigation

· United nations instruments against terrorism

o 19 universal instruments against terrorism

· What did 9/11 commission say?

o 9/11 commission identified position in gov which would coordinate intelligence committee - director of national intelligence

· What is the UK strategy for combating terrorism?

o Contest aims to reduce the risk to the UK and its interests overseas from terrorism so that people can go about their lives freely and with confidence. Contest deals with all forms of terrorism and continues to be based around the four P's § Pursue - the investigation and disruption of terrorist attacks § Prevent - work to stop people becoming terrorists or supporting terrorism § Protect - improving our protective security to stope a terrorist attack and § Prepare - working to minimize the impact of an attack and to recover as quickly as possible

Why was the FBI joint terrorism task force established and why does it investigate terrorism?

o Department of justice for coordination of effort, resources, and established record of overseas operations Brings federal, state, tribal, and local agencies together o Gives us a coordinated response to the terrorism threat o Ensures timely collection of sharing of information and intelligence

· Know the difference between operation v. material support investigation

o Differing operational temp o Differing strategy (detect vs. disrupt) o Different use of investigative techniques o Operational investigations - involve allegations or information that an individual or a group of individuals are in the planning, pre-operational or operational stages of an attack. Principle goal of investigation is to disrupt an imminent threat and dismantle the group through criminal prosecution o Material support investigations involve allegations or information that an individual or a group of individuals ae providing covert support either financial or material for known terrorists organizations. Objectives of investigation to completely identify the network and its operations. Only after the network is identified does the investigation shift to dismantling/disrupting.

· Surveillance stationary or mobile

o Fixed surveillance trying not to get identified by bad guy

· Causes of terrorism.

o Have to have grievance with government. Thought that they can't address grievance with political means. The group cant be large enough to have the resources to foster wide scale revolution or insurgency.

· Identify 4 tactics and giver brief explanation for each

o How do we go after terrorist? Identify and give brief explanation for each § Military solution · Counter insurgency and counter terrorism offensive operations aimed at eradicating an entire terrorism organization § Diplomatic solution · Developing coalitions amongst nations to combat terrorism and terrorism support, and engage states that are wittingly, or unwittingly, enabling terrorist groups to organize and grow § Law enforcement solution · Through the criminal justice prices, identify, disrupt/degrade or dismantle terrorist groups at a local level, thus preventing the planning or execution of an attack § Whole government approach · Utilizing all aspects of the nation to address the counter terrorism problem from every angle (military, social, diplomatic, and law enforcement)

· Information sharing, intelligence sharing

o Information sharing like the FBI's most wanted. o NCIC - an electronic clearinghouse of crime data that can be tapped into by virtually every criminal justice agency nationwide, 24 hrs a day, 365 days a yr. o Inter - agency bulletins - agencies often share info throughout the law enforcement community via bulletins, cables, or informational notes. Subject matter is generally broad topics of interest to law enforcement/intelligence community. o Most direct route to information sharing is an in-person case coordination briefing, or meeting. o Online platforms - many agencies host online platforms for the sharing of info. Ex. LEEP - law enforcement enterprise portal. Platform owned and operated by the US DOJ. o INTERPOL - assists police around the world to work together to make the world a safer place. International police agency - the world's largest international police organization with 190 member countries. § INTERPOL notice system - color coded notice system enables countries to share and request information world-wide. § Most notices are for police use only and not made available to the public. However, some request help from public on the INTERPOL website notices. · Red Notice - wanted persons · Yellow notice - missing persons · Blue notice - additional information · Black notice- unidentified bodies · Green notice - warnings and intelligence · Orange notice - imminent threat · Purple notice - modus operandi

· Difference between intelligence and evidence

o Intelligence is defined by US government as information that has been analyzed and refined so that is useful to policymakers in making decisions- specifically, decisions about potential threats to national security. Intelligence collects information for policy makers to inform or prepare. Few rules governing how information is collected. Generally, involves activity outside the US, or against US persons. Collected with the understanding that the information will be kept from public consumption. Evidence collects information for prosecution in an open court. Significant judicial, legislative and administrative oversight. Primarily domestic activities or direct association with US persons or interests. Evidence is collected with the understanding the information will be openly scrutinized in a public forum. Evidence is used to identify crime has been committed, how, and who committed it and use it to prosecute individual. You can collect intelligence just to inform policy makers with hope of one day using it again to prosecute.

· Compare and contrast the definitions for international and domestic terrorism

o International terrorism occurs primarily outside the territorial jurisdiction of the US or transcend national boundaries in terms of the means by which they are accomplished. It involves violent act or acts dangerous to human life that violates criminal laws and appear to intimidate or coerce civilian population, influence the policy of a government by intimidation or coercion or affect the conduct of a government by mass destruction, assassination, or kidnapping. o Domestic terrorism involves activities that involve violent act or acts against human life that violate criminal laws and are intended to intimidate or coerce civilians, influence policy of government by intimidation or coercion or affect the conduct of a government by mass destruction assassination or kidnapping. And occur primarily within the territorial jurisdiction of the united states.

· Interview v. interrogation

o Interrogation is a form of an interview, asking questions and controlling conversation o Interview is open ended, non-confrontational. Interviewer listens more than they speak. o Interrogations occur after enough evidence has been collected to confront and accuse the subject. More directed and controlled than an interview. o If the person begins to lie then it can go from an interview to an interrogation.

· What else do we confuse terrorism with?

o Irregular violence and guerilla warfare

· Three fundamental questions for terrorism investigations

o Is there an imminent/immediate threat, and what can we do to disrupt it? o Can the investigation operate as a collection platform against a priority intelligence requirement? § Collection platform occurs when investigators use the investigation to collect info and intelligence that will benefit larger community o Can the subject of the investigation be converted into a viable and relevant human source?

· Difference between domestic and international - know some examples of each

o Key elements. International terrorism occurs primarily outside the jurisdiction of the US or transcend national boundaries. The persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum. Domestic terrorism occur primarily within the territorial jurisdiction of the united states. o Comparisons - both groups have the same fundamental needs. They have the same objectives to gain recognition for cause, discredit government, affect public attitudes, provoke a response from government. Similar tactics. o Key differences - designation of foreign terrorist organizations. Limited criminal/intelligence crossover. Membership in a domestic organization is not a crime. There is no law in the US code identifying participation in a domestic terrorist organization as a crime. Domestic terrorist investigations forcus on the illegal activities of individual members. o Domestic terrorism ex. Oklahoma City bombing, timothy McVeigh. Dylan storm roof. o International terrorism ex. Hasan and Jonas Edmonds charged with providing material support or resources to a FTO

· Preconditions of terrorism

o Modernization/urbanization - enables large scale, provides targets with large populations o Social facilitation - use of communication and mass media to recruit and build support base o Government inadequacies- developing nations without the resources or capacity to effectively deal with terrorism

· What is NCIC?

o National crime information center. The criminal database. What all police officers check on their laptop.

· Which terrorism is the most difficult to distinguish?

o No designation of domestic terrorist organizations. Not illegal to be a member. It is illegal to be a part of a foreign terrorist organization. · Al-Qaida in Afghanistan and beating Russians

· What are the three fundamental needs for terrorist groups? Provide example for each how do the organizations need them.

o Personnel. The need for personnel to conduct or plan violent acts to keep momentum and gain notoriety o Communications. The need to control forces and give message to the world. to recruit. o Finances. The need for finances to gain materials to conduct violent acts.

· Electronic detection of surveillance, surveillance detection routines

o Physical surveillance can take many forms pedestrian, vehicular, aerial, etc. can be static or dynamic. Covert or overt. Operations are personnel intensive. o Court authorized electronic surveillance. o The undercover operation o Human intelligence example - human sources, criminal informant, getting information from human o Signals intelligence example-when you intercept electronic communications or radio waves. Wiretap. o Imagery intelligence example- images taken. Surveillance. o Measurement and signature intelligence- countries can pull magnetic waves and information from technology. o Open source intelligence-greatest source of information in media today. News information from every country. Records checks. Online inquiries.

· Executive order 1223

o Presidential order o This gives the director of the FBI authority to coordinate counterintelligence activities (to include all terrorism related investigations and operations) inside the US o CIA has primary jurisdiction of collecting intelligence international that are not limited to military affairs. o Tells the rest that the FBI is head of domestic investigations

Discuss the pros and cons of sharing information between agencies

o Pros - helps criminal justice professionals apprehend fugitives, locate missing persons, recover stolen property, identify terrorist. assists law enforcement officers in performing their duties more safely and provides info necessary to protect public. Platforms for sharing information provide access to an array of law enforcement databases as well as training opportunities. Proper dissemination helpful as a duty to warn, seek eyewitness accounts and seek subject matter expertise. o Cons - the subject matter of shared information is generally broad and not case specific the general law enforcement/intelligence community. The inadvertent dissemination - sharing information to further agenda not directly involved with investigation. Bad example of information sharing.

· Which resolutions was adopted by UN on terrorism?

o Security council resolutions not 9/11 one § SCR 1373 & 1625 § SCR on AL Quida and the Taliban § SCR on WMD

· Talk about different types of terrorist groups. Lone wolf or homegrown violent extremist. What challenges do these present to law enforcement why are they such a challenge?

o Single issue groups - do not specifically seek to overthrow or change government. Their willingness to conduct attacks involve a specific issue. Ex. Animal liberation from which carries out direct actions against animal abuse usually through damage or destruction of property and causing financial loss to animal exploiters. Ex 2. Hamas calls for creation of Islamic state in Palestine in place of Israel. o Ethno-nationalists - seek the advocacy of or support for the interests of a particular ethnic group, especially with regard to its national independence. Perceived to be an outside, illegitimate government and the establishment of a government representative of the native-born people. Ex. Provisional Irish republican army - remove Northern Ireland from the UK and unify under one nation of Ireland. Ex 2. Liberation tigers of Tamil Eelam LTTE - create an independent state of Tamil Eelam in north and east Sri Lanka o Religious - ex. Hizbollah - establishment of a Shi'te government based on sharia law in the lands of Lebanon. Ex 2. Lashkar-e-Tayyiba - main goal is to destroy the Indian republic and annihilate Hinduism and Judaism o Homegrown violent extremism "Lone Wolf" - pose challenges of identification. First amendment v. criminal activity. Expansions of communication platforms via the internet. One size does not fit all. Some ex. Are Nidal Hassan - fort hood shooter. Eric Rudolph - US Olympic bomber

· INTERPOL what is it?

o They don't do active investigations. o know notice system. red notice - bad guy, purple notice - possible terrorist black - unidentified deceased body

· Life expectancy of terrorist groups

o Three years

· The principle of least intrusive method

o US attorney general issued guidelines: § Protecting the public means protecting their rights and liberties § Only investigate when a proper purpose exists; § Race, ethnicity, religion, or national origin alone can never constitute the sole basis for initiating investigative activity § Only perform authorized activities in pursuit of an investigation § Employ the least intrusive means that do not otherwise compromise the investigation and § Apple best judgement to the circumstances at hand to select the most appropriate investigative techniques to achieve the investigative goal

· Ten core elements of terrorist definition. What are they?

o Violence or threat of violence o Always political in nature o Physiological repercussions o Planned, premeditated and purposeful o Part of an identified chain of command o No uniforms or insignia o Do not differentiate between combatants and non combatants o Refers to non-state actors o Can occur anywhere and does not follow rule of war o Conducted by a group/individual who see themselves as part of a larger cause

· Identify 4 objectives of terrorist groups and give example

o gain recognition/attention for the cause o disrupt or discredit government function. affect public attitudes both in a positive or negative manner. provoke a counter reaction from government

· Difference between types of laws

o international law is both derived from both customary and conventional laws. o Customary laws- Geneva convention all countries accept a law as law o Conventional laws- international agreements and treaties. Extradition is a treaty. o International emergency economic power act - everyone in a while a country will go off the rails that the president can sign an executive order placing a country on international sanctions. Any US citizen will be restricted in having any ties with that country.

· New York state penal code

o know what an act of terrorism is in New York penal code. § o What is material support and resources? § o What is a specified offense? know definitions given. § o Know what making a terroristic threat is. Know what their term and rule against terrorism.

· What are the benefits and the cons of the task force?

o provide a platform for a shared intelligence base across many agencies o create a familiarity among investigators and leaders before a crisis o pool talents, skills, and knowledge from across the law enforcement and intelligence communities into a single, cohesive team o challenges and obstacles § management and span of control § full time commitment § developing common operating ground (policies, guidelines, authorities, requirements, etc..) § cost/benefit analysis for participating agencies

18 US Code, Section 7

o special maritime and territorial jurisdiction of the US defined. o all international terrorism matters investigated by the department of justice have a multinational component

Mutual legal assistant treaty

o that two countries will cooperate on law enforcement matters. Interviews, search warrants, court records, anything that is legal in the country you are working with.

· What caused WW1?

o the assassination of arch duke Ferdinand by terrorist group. Ethnonationalism

· Why is it hard to come up with universally accepted definition for terrorism?

o the meaning of the term terrorism has changed throughout history. Experts in the field cannot agree on what terrorism is and what it means. The similarities between terrorism, irregular violence, and unconventional warfare confuse the discussion.

Jurisdiction

o the territory or sphere of activity over which the legal authority of a court or another institution extends

· Identify the 6 strategic objectives of US terrorism plan. Give brief explanation for each.

o trategy - § the capacity of terrorists to conduct attacks in the homeland and against vital US interests overseas is sharply diminished. § The sources of strength and support upon which terrorists rely are severed. § Terrorist's ability to radicalize, recruit, and mobilize to violence in the homeland is diminished. § Americans are prepared and protected from terrorist attacks in the homeland, including through more exacting border security and law enforcement actions. § Terrorists are unable to acquire or use weapons of mass destruction including chemical, biological, radiological, and nuclear weapons and other advanced weaponry. § Public sector partners, private sector partners, and foreign partners take a greater role in preventing and countering terrorism

o Most intrusive methods

§ Closed circuit video surveillance, gps monitoring, trash covers, mail covers, polygraph examination, consensual monitoring. § Most intrusive are electronic surveillance (wire tap) and undercover operations o Ex. Physical surveillance, interview, subpoena, open source information, government records, search warrant, arrest

o How is sovereignty and jurisdiction legally addressed?

§ International conventions (ex. Geneva convention) § International treaties § United nations special criminal tribunals § International criminal court (Rome convention)

o What are some barriers to international investigations?

§ Most nations will not extradite a subject facing a possible death penalty sentence § Some nations will not extradite a subject who is a legal citizen of their country § Authorized investigative techniques in one country may not be permissible in a different nation ex. Consent monitoring, wiretaps, use of undercover agents

o Least intrusive methods

§ Open source research, governments records searches, online services, human sources, interviews, information voluntarily provided, physical surveillance, subpoenas

US department of Justice Abroad

§ The FBI maintains 64 legal attaché offices around the world, and 12 additional sub-offices that cover over 200 nationals globally § International liaison and information sharing are conducted in accordance with executive orders, laws, treaties, attorney general guidelines, FBI policies, and interagency agreements § The FBI takes part in all manner of global and regional crime-fighting initiatives, including Interpol and Europol; the Budapest project; and resolution 6, which co-locates FBI agents in DEA offices worldwide to combat drugs

o Collection

§ at the root of all investigations - collect intelligence and evidence. Collection is the gathering of raw information based on requirements

INTERPOL

§ international police agency. The world's largest international police organization with 190 member countries. INTERPOL does not actually do proactive law enforcement. Majority of those in INTERPOL are police officers assigned in another country from their own country. § Interpol is charged with assisting police around the world to work together to make the world a safer place. Helps through training and assisting in arrests. § Interpol's infrastructure of technical and operational support helps meet the growing challenges of fighting crime in the 21st century.

Evaluating/processing and Exploitation

§ involves converting the vast amount of information collected into a form usable by analysts. Includes translating documents in foreign languages, deciphering encrypted computer transmissions, constructing transcripts for intercepted communications, etc.

o Planning and Direction

§ management of the entire effort from identifying the need for information to delivering an intelligence product to a consumer.

o Tasking, Requirements

§ requirements are identified information needs, requirements are derived from the national counter terrorism policy set by the president of the US and his advisors. They run through the US dept. of defense, US dept. of Homeland security, the central intelligence agency, and the US dept of justice

EUROPOL

§ the European Union's official law enforcement agencies. Similar in structure, design and operations to Interpol. § equivalent agencies like the Pacific transnational crime coordination center - serves a similar function of Interpol for Australia, New Zealand, Samoa, and member states of the pacific island forum

Dissemination

§ the distribution of intelligence to the consumers whose needs initiated the requirements § FBI's most wanted § This product can be a finished intelligence or analytical report, or it can be a raw information report (wiretap transcript) depending on the needs of the consumer

o Collation/Analysis and Production

§ transforming the collected raw information into useable intelligence

Technique

· - a way of doing something by using special knowledge or skill; the way that a person performs basic physical movements or skills o Intelligence collection v. law enforcement action o Covert v. overt activity o Immediate threat, material support, other

Sovereignty and jurisdiction

· How does task force organization operate with sovereignty and jurisdiction? Ex. Jurisdiction how does the FBI make sure local state law enforcers have federal jurisdiction. Discuss how the JTTF work with confinement of sovereignty and jurisdiction

Incoate offenses

· If you are going to conspire to do a criminal act and you take an affirmative action to make it happen even if you never do it they you are still guilty of that crime for conspiracy and attempt.

Watershed moment occur in what country?

· Iran Shia movement. This country took control of US embassy

What portion of the bill of rights is addressed by that policy?

· You can only open an investigation when you have a legitimate threat. First amendment right. You cannot investigate based on ethnicity. When using techniques use least intrusive means to investigate to protect bill of rights however it is not set in stone.

Tactics

· are what the agencies said they will do o An action or method that is planned and used to achieve a particular goal o Ex. Community policing, Problem oriented policing, task force operations,

Strategy

· the big picture what the president says. A careful plan or method for achieving a particular goal usually over a long period of time; the skill of making or carrying out plans to achieve a goal

Collecting evidence and collecting intelligence

· what is similar and what is different? o Intelligence is information, news, information concerning an enemy or possible enemy or an area. Intelligence is information that has been analyzed and refined so that it is useful to policymakers in making decisions - specifically, decisions about potential threats to national security. Evidence is oral, documentary, and real. It is relevant, material, and admissible. Intelligence is collected for policy makers to inform or prepare. Few rules govern how intelligence is collected. Intelligence generally involves activity outside the US, or against Non-US Persons. Intelligence is collected with the understanding that the information will be safeguarded from general public consumption. Evidence is information collected for prosecution in an open court. Collection of evidence has significant judicial, legislative, and administrative oversight. Evidence involves primarily domestic activities, or a direct association with US interests. Evidence is collected with the understanding the information will be openly scrutinized in a public forum.