[Recommended]Terrorism, Multinational Criminal Justice and Global Issues

Terrorism, Multinational Criminal Justice and Global Issues 17 Criminal Justice Today An Introductory Text for the 21st Century CHAPTER Criminal Justice Today: An Introductory Text…

Terrorism, Multinational Criminal Justice and Global Issues
17
Criminal Justice Today
An Introductory Text for the 21st Century
CHAPTER
Criminal Justice Today: An Introductory Text
for the 21st Century, 14e
Frank Schmalleger
Copyright © 2017 by Pearson Education, Inc.
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Copyright © 2017 by Pearson Education, Inc.
All Rights Reserved
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.
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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.
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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.
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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
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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
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Criminal Justice Today: An Introductory Text
for the 21st Century, 14e
Frank Schmalleger
6
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.
continued on next slide
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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.
continued on next slide
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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
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Criminal Justice Today: An Introductory Text
for the 21st Century, 14e
Frank Schmalleger
Table 17-1 Crime and Punishment in Islamic Law
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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).
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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.
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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
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
continued on next slide
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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
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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.
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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.
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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
continued on next slide
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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.
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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
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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
Copyright © 2017 by Pearson Education, Inc.
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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
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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.
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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
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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.
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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
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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
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Criminal Justice Today: An Introductory Text
for the 21st Century, 14e
Frank Schmalleger
Table 17-2 Distinguishing between Human Trafficking and Smuggling
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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
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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
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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
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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.
continued on next slide
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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
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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.
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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.
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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
continued on next slide
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