1960

1
1960s and 1970s

• Civil Rights
• and
• War Protests

2
Interest in Criminal Justice

1. The Civil Rights Movement
2. The Vietnam War
3. Rising crime rate
4. The publics awareness of crime

3
Civil Rights and War Protest

• Protest against Racism
• Violence against protesters of racial
  discrimination
• Martin Luther Kings Civil Disobedience
• Rosa Parks
• Protest against Vietnam War
• Americans viewed fear of crime as the most
  serious problem in the country

4
Civil Rights and War Protest

• Civil Liberties suspended safety
• World War II 120,000 Americans of Japanese decent
  were forced to detention centers
• Enemy Combatants from the Middle East?

5
Civil Rights and War Protest

• Abraham Lincoln choose to suspend the right to
  trial during the civil war

6
Civil Rights and War Protest

• Political protests against U.S. involvement in
  Vietnam
• Police defended the status quo
• Police were not the answer to the problem
• The polices ability to maintain social order was
  questioned during this time

7
Presidents Commission on Law Enforcement and
Administration of Justice

• Most people had lost confidence in the police to
  maintain law order
• People stayed in their homes at night and kept
  dogs on premises
• Children took karate and people armed themselves

8
War on Crime

• Expanded criminal justice education
• Restored public confidence in criminal justice
  system
• Decreased crime rate

9
Omnibus Crime Control and Safe Street Act 1968

• Created the Law Enforcement Assistance
  Administration (LEAA)
• Attempted to counter restrictions placed on law
  enforcement by the U.S. Supreme Court
• It was created to restore public confidence in
  the criminal justice system

10
Omnibus Crime Control and Safe Street Act 1968

• Confessions could be admitted in federal trials
  even if the accused had not been advised of their
  legal rights
• Local and state law enforcement agencies could
  tap telephones for brief periods without a court
  order

11
Omnibus Crime Control and Safe Street Act 1968

• Law Enforcement Educational Program
• (LEEP)
• Goal was to promote education in criminal justice
  personal

12
Death Row

• The US has the most foreign nationals on death
  row.
• Most issues with foreign nationals on death row
  centers around civil rights

13
Amendments

• The Fourteenth Amendment of the U.S. Constitution
  is particularly important because it protects
  civil rights
• The Fourth Amendment protects against
  unreasonable searches and seizures.
• The Sixth Amendment guarantees the right to a
  speedy trial.

14
First Federal law enforcement agencies

• The first two federal law enforcement agencies in
  the United States were the Office of Postal
  Inspector and the U.S. Marshal's Service

15
Constitution

• The constitution of the United States of American
  reflected a distrust of a strong centralized
  government because Americans were trying to
  establish a balance between civil rights and
  governmental power.

16
Criminal Justice and Criminology

• Early criminal justice programs were said to
  focus primarily on practical application.
• The relationship between social justice and
  criminal justice is not always clear cut
• Social injustice is a powerful tool for
  terrorists because they focus on the
  powerlessness of citizens of legitimate
  governments.

17
Terrorism
18
Crisis in the Criminal Justice System

• 1960s and 1970s domestic strife
• Twenty first century foreign attack
• 9/11 lead to
• Greater police powers
• Expanded powers of search and seizures
• Millions perhaps billions of dollars being added
  to Criminal Justice agencies
• People questioning the effectiveness of the U.S
  criminal justice system

19
What is Terrorism?

• Defining terrorism has been difficult, because
  domestic and international terrorists use acts of
  violence to promote political or social change,
  and political ideology is judged relative to
  ones political beliefs and desires. Different
  countries and different government agencies
  within the United States do not define terrorism
  the same way

20
Domestic Terrorism

• Acts of terrorism committed by the citizens of
  the country being terrorized
• Acts of violence committed by militias and
  extremists groups or individuals
• Violence against abortion clinics and personnel
• Ecoterrorism violent destruction of the
  environment or natural resources on which we
  depend

21
Domestic Terrorism groups

• ELF Earth Liberation Front
• FBI labeled one of the countrys greatest
  domestic terrorist threats
• They have cause millions of dollars in damage to
  property
• ALF - Animal Liberation Front
• Focus on liberation of animals used in
  scientific experiments

22
Domestic Terrorism groups

• Ku Klux Klan
• rallies, cross-burnings, hate crimes and major
  criminal activity
• Skinheads
• anti-racist skins call themselves "sharps
• Racist skins are often called "bonehead
• Racist skinheads have been responsible for an
  increasing number of hate crimes in this country,
  including vicious murders

23
Domestic Terrorism groups

• John Birch Society - Racial Segregation
• Has a website
• Order of Thule Racial Segregation
• Posse Comitatus
• The Constitutional Party
• FBI estimates about 184 milita/extremist groups
  in the US

24
The New Challenge WTC 9/11

• War on Terrorism
• New Cabinet position - Office of Homeland
  Defense
• Coordinate antiterrorism activities between
  federal law enforcement and intelligence agencies

25
Domestic Terrorism goals

• Destroy legitimate governments
• Change a behavior
• Example blow up an abortion clinic to stop
  abortions
• To challenge the criminal justice system in the
  ability to respond to them
• THEY HAVE NOT. The criminal justice system
  responses to them well

26
Eric Rudolph
27
International Terrorism

• Acts of terror committed by citizens of another
  nation

28
Achieve goals through response of the government
to their acts

• They count on overreaction of the government and
  the media
• It is difficult for the government to target
  those responsible for terrorism
• US has relied on the FBI to respond to terrorism

29
International Terrorism

• How the US responds to Terrorism is important
  because
• To restore public confidence in the criminal
  justice system
• The role US might play in the globalization of
  law enforcement
• The perception of US response to potential and
  terrorist attacks.

30
International Terrorist Groups

• Al-Qaida
• Al-Qaida was established by Usama Bin Ladin in
  1988 with Arabs who fought in Afghanistan against
  the Soviet Union. Helped finance, recruit,
  transport, and train Sunni Islamic extremists for
  the Afghan resistance. Goal is to unite Muslims
  to fight the United States as a means of
  defeating Israel, overthrowing regimes it deems
  "non-Is-lamic," and expelling Westerners and
  non-Muslims from Muslim countries. Eventual goal
  would be establishment of a pan-Islamic caliphate
  throughout the world. Issued statement in
  February 1998 under the banner of "The World
  Islamic Front for Jihad Against the Jews and
  Crusaders" saying it was the duty of all Muslims
  to kill US citizens, civilian and military, and
  their allies everywhere. Merged with al-Jihad
  (Egyptian Islamic Jihad) in June 2001, renaming
  itself "Qaidat al-Jihad." Merged with Abu Musab
  al-Zarqawis organization in Iraq in late 2004,
  with al-Zarqawis group changing its name to
  "Qaidat al-Jihad fi Bilad al-Rafidayn"
  (al-Qaida in the Land of the Two Rivers).

31
International Terrorist Groups

• Hizballah
• AKA - Party of God ,Islamic Jihad,Islamic Jihad
  for the Liberation of Palestine
• Formed in 1982 in response to the Israeli
  invasion of Lebanon, this Lebanon-based radical
  Shia group takes its ideological inspiration from
  the Iranian revolution and the teachings of the
  late Ayatollah Khomeini. The Majlis al-Shura, or
  Consultative Council, is the groups highest
  governing body and is led by Secretary General
  Hasan Nasrallah. Hizballah is dedicated to
  liberating Jerusalem and eliminating Israel, and
  has formally advocated ultimate establishment of
  Islamic rule in Lebanon. Nonetheless, Hizballah
  has actively participated in Lebanons political
  system since 1992. Hizballah is closely allied
  with, and often directed by, Iran but has the
  capability and willingness to act independently.
  Though Hizballah does not share the Syrian
  regimes secular orientation, the group has been
  a strong ally in helping Syria advance its
  political objectives in the region

32
International Terrorist Groups

• Basque Fatherland and Liberty (ETA)
• Euskal Herria (Basque Country) is divided
  politically between the French and Spanish
  states. It is composed of seven provinces three
  under French administration, Iparraldea or
  Northern Basque Country, and four under Spanish
  administration, Hegoaldea or Southern Basque
  Country. In 1901 the founder of the Basque
  Nationalist Party, Sabino Arana, coined the term,
  Euzkadi(also spelled Euskadi) to describe a
  hypothetical Basque confederated state comprised
  of the seven Basque provinces. Basque Fatherland
  and Liberty a.k.a Euzkadi Ta Askatasuna (ETA) was
  founded in 1959 with the aim of creating an
  independent homeland in Spain's Basque region. It
  has a muted commitment to Marxism.

33
War on terrorism

• Includes both Domestic and International
  Terrorist
• It does consider the civil rights / civil
  liberties of American citizens

34
Counterterrorism

• The Response to terrorism and the efforts to stop
  it.
• Legislation during the 1970s and 1980s sharply
  restricted law enforcements authority to gather
  and maintain intelligence files

35
Local Law Enforcement

• Usually unequipped to respond adequately to
  terrorist attacks or mount counter terrorism
  attacks
• Only a few have response units for after a
  terrorist attacks
• Houston has gone through training

36
Bill of Rights
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39
Supreme Court cases

• CRIMINAL PROCEDURE AND SEARCHES
• Powell v. Alabama (1932)The Court ruled that
  indigent members of society (in this case, the
  Scottsboro Boys), when charged with a capital
  crime, must be given competent counsel at the
  expense of the public.
• Betts v. Brady (1942)The Court refused to grant
  the right to an attorney to all indicted or
  accused individuals they believed the courts
  must hear each non-capital situation and decide
  on a case-by-case basis.
• Bartkus v. Illinois (1959)The Court ruled that
  prosecutions in state and federal courts for the
  same act are not violations of due process and
  double jeopardy protections persons may be tried
  twice for the same crimes, once in federal court
  and once in state court.

40
Supreme Court cases

• Mapp v. Ohio (1961)All evidence obtained by
  searches and seizures in violation of the
  Constitution is inadmissible in court this is
  the exclusionary rule.
• Robinson v. California (1962)A California law
  imprisoning those with illness of drug
  addiction was a cruel and unusual punishment in
  violation of the Eighth Amendment. The law
  punished people because of their status of
  addiction and was not aimed at the purchase,
  sale, or possession of illegal drugs.
• Gideon v. Wainwright (1963)The Supreme Court
  overturned Betts v. Brady and required that any
  indigent person accused of a felony must be given
  an attorney at the publics expense.
• Escobedo v. Illinois (1964)The Court extended
  the exclusionary rule to include any
  confessions obtained by unconstitutional means.
  Once questioning reaches past a stage of general
  inquiry, the suspect has the right to have an
  attorney present.
• Miranda v. Arizona (1966)Since the police had
  not informed Mr. Miranda of his constitutional
  right to keep silent, his rights were violated
  and conviction was set aside.

41

• Terry v. Ohio (1968)The Court found that a stop
  and frisk is a search and seizure under the
  Fourth Amendment and, under certain
  circumstances, is a reasonable crime prevention
  practice. Seized evidence may be admissible.
• Furman v. Georgia (1972)The imposition and
  carrying out of the death penalty was held to
  constitute cruel and unusual punishment in
  violation of the Eighth and Fourteenth Amendments
  because it was done in an arbitrary,
  discriminatory, and capricious manner.
• Gregg v. Georgia (1976)Georgias law imposing
  the death penalty under very specific
  circumstances and guidelines is held
  constitutional. The death penalty does not
  invariably violate the Constitution. The
  judicious and careful use of the penalty was
  justified in that it met contemporary standards
  of society, served a deterrent or retributive
  purpose, and was not arbitrarily applied.
• Ingraham v. Wright (1977)Corporal punishment in
  schools is not prohibited under the Eighth
  Amendment as cruel and unusual.
• Nix v. Williams (1984)The Court found that if
  police learn of evidence by unconstitutional
  means, they may still introduce it at trial if
  they can prove that they would have found the
  evidence anyway through constitutional means.
  There is an inevitable discovery exception to
  the Exclusionary Rule.
• New Jersey v. T.L.O. (1985)The Fourth Amendment
  ban on unreasonable searches applies to those
  conducted by public school officials as well as
  by law enforcement personnel however, the Court
  used a less strict standard of reasonable
  suspicion to conclude that the search of a
  students purse by public school officials did
  not violate the Fourth and Fourteenth Amendments.

42

• Vernonia v. Acton (1995)Students must submit to
  random drug testing in order to participate in
  interscholastic athletics the policy is
  reasonable and hence constitutional. Students
  in a school environment have a lesser
  expectation of privacy than members of the
  population generally. The reasonableness was
  determined by balancing the intrusion against
  the promotion of legitimate government
  interests.
• privacy for a symbols sake. The Fourth Amendment
  shields society against that state action.
• Knowles v. Iowa (1998)Police searches of
  vehicles on routine traffic stops are an
  unreasonable search and seizure.
• Wyoming v. Houghton (1999)Police may search the
  belongings of all passengers in a car when
  lawfully seeking evidence against the driver.
• Bond v. United States (2000)The Fourth Amendment
  is violated when officials squeeze a carry-on bag
  in a bus overhead compartment and discover
  illicit drugs.
• Dickerson v. United States (2000)The Supreme
  Court ruled that Congress could not pass a law
  that would contradict a Supreme Court ruling.
  They cited Marbury v. Madison (1803) as the
  source of their power. Judicial Review gave the
  Court the final say on an acts
  constitutionality. Justices writing in dissent
  called the ruling the Pyramid of judicial
  arrogance.

43

• Indianapolis v. James (2001)The Court
  invalidated the citys roadblock program because
  it was indistinguishable from the general
  interest of crime control and did not fit into
  the established exceptions to individualized
  suspicion.
• Kyllo v. United States (2001)Warrantless use of
  thermal-imaging devices to monitor heat emissions
  from a private residence violates the Fourth
  Amendment protection against unreasonable
  searches.
• Ferguson v. City of Charleston (200l)Public
  hospital testing of pregnant women for cocaine
  use and reporting the results to police officials
  is an unconstitutional search in violation of the
  Fourth Amendment.
• Board of Education of Pottawatomie County v.
  Earls (2002)School district requirements of drug
  tests for all students participating in any
  extra-curricular activities were upheld by the
  Court. The testing is a reasonable means of
  furthering the School Districts important
  interest in preventing and deterring drug use
  among its schoolchildren.