1960‘s and 1970’s

1. 1960‘s and 1970’s Civil Rights and War Protests

2. Interest in Criminal Justice • The Civil Rights Movement • The Vietnam War • Rising crime rate • The public’s awareness of crime

3. Civil Rights and War Protest • Protest against Racism • Violence against protester’s of racial discrimination • Martin Luther King’s – 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 police’s ability to maintain social order was questioned during this time

7. President’s 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 • 1960’s and 1970’s – 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 one’s political belief’s 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 country’s 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. January 29, 1998 - Bombing at New Woman All Women Clinic in Birmingham, Alabama. One killed, one injured.• February 21, 1997 - Bombing at Otherside Lounge, a lesbian nightclub in Atlanta. Four injured. Second bomb found before it detonates.• January 16, 1997 - Bombing of a women's clinic in Sandy Springs, an Atlanta suburb. A second bomb explodes. Seven injured.• July 27, 1996 - Bomb explodes in Olympic Centennial Park, 1:20 a.m., One killed, 111 injured. A Turkish cameraman dies of a heart attack as he rushes to photograph the scene. 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-Qa’ida 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 "Qa’idat al-Jihad." Merged with Abu Mus’ab al-Zarqawi’s organization in Iraq in late 2004, with al-Zarqawi’s group changing its name to "Qa’idat al-Jihad fi Bilad al-Rafidayn" (al-Qa’ida 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 group’s 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 Lebanon’s 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 regime’s 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 1970’s and 1980’s sharply restricted law enforcement’s 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

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 public’s 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)Georgia’s 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 student’s 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 symbol’s 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 act’s constitutionality. Justices writing in dissent called the ruling the “Pyramid of judicial arrogance.”

43. Indianapolis v. James (2001)The Court invalidated the city’s 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 District’s important interest in preventing and deterring drug use among its schoolchildren.”