The following hyperlinks are to official sources of information. They answer some of the most basic questions that every business owner and first responder should know about responding to and preventing terrorism. The information was developed during research for the book "Homeland Security and the New Threats of Global Terrorism: From Cold War to Flaming-Hot War." The information was subsequently used by Lieutenant Raymond E. Foster, LAPD (ret.), MPA during presentations to business and community groups.
These issues and other relating to criminal justice and terrorism are discussed regularly at the Criminal Justice Forum.
WHAT SHOULD I KNOW ABOUT THE THREAT LEVEL?
Homeland Security Advisory System
Homeland Security Advisory Recommendations for Business
HOW DO I DEVELOP A BUSINESS PLAN?
Preparing Makes Business Sense
Plan to Stay in Business
Emergency Management Guide For Business & Industry
GET READY - BE PREPARED
Open for Business A Disaster Planning Tool Kit for the Small Business Owner
Business Continuity: A Practical Approach for Emergency Preparedness, Crisis Management and Disaster Recovery
WHAT SHOULD I KNOW ABOUT BIOTERRORISM?
Bioterrorism Agents/Diseases
Chemical Agents: Facts About Sheltering in Place
Guidance for Protecting Building Environments from Airborne Chemical, Biological or Radiological Attacks
Chemical Agents: Facts About Evacuation
Frequently Asked Questions about the Risks of Bioterrorism and Possible Defenses Against it
WHAT DO I NEED TO KNOW ABOUT SUSPICIOUS PACKAGES?
FBI Advisory Suspicious Packages
How to Recognize and Handle a Suspicious Package or Envelope
Guidance on Initial Responses to a Suspicious Letter/Container with a Potential Biological Threat
WHAT SHOULD I TELL MY EMPLOYEES AND FAMILY?
Personal Workplace Disaster Supplies Kit
Your Family Disaster Plan
Are You Ready? An In-depth Guide to Citizen Preparedness
Homeland Security Advisory Recommendation for Families
Helping Young People Deal With Terrorism and Other Tragic Events
Terrorism: Coping Strategies for Children and Adults
FEMA for Kids
WHAT DO I NEED TO KNOW ABOUT RADIOLOGICAL WEAPONS?
Frequently Asked Questions (FAQs) About Dirty Bombs
Frequently Asked Questions (FAQs) About a Radiation Emergency
Guidance for Protecting Building Environments from Airborne Chemical, Biological or Radiological Attacks
What We Learn About Radiation Threats from MoviesFact or Fiction
Sheltering in Place during a Radiation Emergency
WHAT SHOULD I KNOW ABOUT CYBER SECURITY?
Cyber Security Tips
Top Ten Cyber Security Tips for Teens, Teachers and Families
How the FBI Investigates Computer Crime
A Brief Introduction to Cyber Security for Business
HOW CAN I STAY INFORMED ON HOMELAND SECURITY ISSUES?
Disaster Resource Guide
Government Technology Homeland Security
The Emergency Email and Wireless Network
HOW CAN I PROMOTE PREPAREDNESS IN MY COMMUNITY?
Community Emergency Response Teams
Curriculum for Community-based Pre-Disaster Mitigation
Citizens' Preparedness Guide
Volunteers in Police Service
Recognizing Terrorist Activity
Terrorism Awareness and Prevention
DO I NEED PROFESSIONAL ASSISTANCE DEVELOPING MY PLAN?
Preparing your Business for the Unthinkable
Worksite Risk Assessment
Emergency Preparedness and Response
HOW CAN I REPORT SUSPICIOUS ACTIVITY?
FBI Most Wanted: Photos and Submit a Tip
Submit a Terrorist Tip
Report threats and crimes to Customs
Report threats to public health
Report a threat involving a nuclear facility or radioactive materials
About the Author
Lieutenant Raymond E. Foster retired from the Los Angeles Police Department after 24 years of service. He is the author of “Police Technology (Prentice Hall, July 2004) and number articles on technology, leadership, terrorism and policing. Raymond is a part-time lecture at California State University, Fullerton and a part-time faculty advisor at the Union Institute and University. He has three current book projects. They are on terrorism, policing and leadership.
Raymond’s complete CV can be viewed at Criminal Justice Profile and he can be reached by email at mailto:raymond@hitechcj.com or on the Criminal Justice Online Forum.
Thursday, December 29, 2005
What is Criminal Justice?
What is Criminal Justice?
Understanding or defining a field improves research, study, learning and participation. Let’s pull apart the phrase “criminal justice” as see if we can figure out exactly what the field is.
What is a crime?
“a crime is an act committed or omitted in violation of a law commanding it or forbidding it, to which is annexed upon conviction one of the following punishments: death, imprisonment, fine, removal from office or disqualification to hold any office.”
My students will know that I give that definition off the top of my head. The definition of crime was something I was made to memorize early in the police academy. For a police officer, it is important to understand that a crime constitutes an act against a statute. No act no crime – “You can’t go to jail for what you’re thinking.” Also, no statue, no crime. There must be both an act and a statute. A dirty little secrete is that sometimes our legislative bodies pass acts without penalty. So, no act or no statute or no penalty equals no crime.
While this is not about immigration, look at section 834b of the California Penal Code. This is a good example of a statute which requires people to do something, but has no penalty attached for non-compliance. While there is a statute that commands local officials to cooperate with federal officials, absent a penalty non-compliance is not a crime.
Some laws aren’t crimes
SECTION 834b
834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.
(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
(1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States. (3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.
(c) Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.
Process not outcome
The criminal justice system deals with crime. Acts for which there is a statute and a penalty. Now onto justice. In the context of our American system, the word justice is not about outcome it is about process. If you replace justice with fairness you get a better idea of what the system is trying to accomplish. The Criminal Fairness System is interested in protecting and balancing the Rights, both Constitutional and procedural, of the persons involved. Criminal Justice (or fairness) is about the system, the process, about what goes on. It is not the outcomes or what happens.
Consider that both Stanley Williams and OJ Simpson were tried for murder. Both were likely guilty, yet one was put to death and the other set free. These are very lopsided outcomes. Arguments about penalty aside, the question is – did they receive justice? Did the system act properly, balancing the Rights of all parties?
Generally, there are four parts to the Criminal Justice System – enforcement, adjudication, courts and corrections. Enforcement is the police who investigate and arrest. Adjudication is the prosecutors and the defense attorneys who argue the case (and the prosecutors have an additional job of deciding to move the case forward). The courts referee between the two adjudicators and decide (either by judge or jury) who prevails. Finally, corrections implements the punishment as dictated by the court.
Criminal Justice is the study of all four parts of the system and their ability to be just (or, fair) as they process someone accused of a crime. In this system, the victim, like the offender has Rights, also. It is the job of the Criminal Justice System to balance all rights. Generally, the prosecutor is the voice for the victim. If you look at OJ Simpson and ask – “At what point(s) did the system fail to balance the Rights of all parties?” You can see places were the Criminal Justice System probably failed. If the system fails to protect someone’s rights during the process the system and likely the conclusion is unfair. There is a lack of justice when the Criminal Justice System fails as a process.
Help develop the discussion on criminal justice by posting a reply on the criminal justice forum.
Understanding or defining a field improves research, study, learning and participation. Let’s pull apart the phrase “criminal justice” as see if we can figure out exactly what the field is.
What is a crime?
“a crime is an act committed or omitted in violation of a law commanding it or forbidding it, to which is annexed upon conviction one of the following punishments: death, imprisonment, fine, removal from office or disqualification to hold any office.”
My students will know that I give that definition off the top of my head. The definition of crime was something I was made to memorize early in the police academy. For a police officer, it is important to understand that a crime constitutes an act against a statute. No act no crime – “You can’t go to jail for what you’re thinking.” Also, no statue, no crime. There must be both an act and a statute. A dirty little secrete is that sometimes our legislative bodies pass acts without penalty. So, no act or no statute or no penalty equals no crime.
While this is not about immigration, look at section 834b of the California Penal Code. This is a good example of a statute which requires people to do something, but has no penalty attached for non-compliance. While there is a statute that commands local officials to cooperate with federal officials, absent a penalty non-compliance is not a crime.
Some laws aren’t crimes
SECTION 834b
834b. (a) Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws.
(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
(1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien who is present in the United States in violation of federal immigration laws and inform him or her that, apart from any criminal justice proceedings, he or she must either obtain legal status or leave the United States. (3) Notify the Attorney General of California and the United States Immigration and Naturalization Service of the apparent illegal status and provide any additional information that may be requested by any other public entity.
(c) Any legislative, administrative, or other action by a city, county, or other legally authorized local governmental entity with jurisdictional boundaries, or by a law enforcement agency, to prevent or limit the cooperation required by subdivision (a) is expressly prohibited.
Process not outcome
The criminal justice system deals with crime. Acts for which there is a statute and a penalty. Now onto justice. In the context of our American system, the word justice is not about outcome it is about process. If you replace justice with fairness you get a better idea of what the system is trying to accomplish. The Criminal Fairness System is interested in protecting and balancing the Rights, both Constitutional and procedural, of the persons involved. Criminal Justice (or fairness) is about the system, the process, about what goes on. It is not the outcomes or what happens.
Consider that both Stanley Williams and OJ Simpson were tried for murder. Both were likely guilty, yet one was put to death and the other set free. These are very lopsided outcomes. Arguments about penalty aside, the question is – did they receive justice? Did the system act properly, balancing the Rights of all parties?
Generally, there are four parts to the Criminal Justice System – enforcement, adjudication, courts and corrections. Enforcement is the police who investigate and arrest. Adjudication is the prosecutors and the defense attorneys who argue the case (and the prosecutors have an additional job of deciding to move the case forward). The courts referee between the two adjudicators and decide (either by judge or jury) who prevails. Finally, corrections implements the punishment as dictated by the court.
Criminal Justice is the study of all four parts of the system and their ability to be just (or, fair) as they process someone accused of a crime. In this system, the victim, like the offender has Rights, also. It is the job of the Criminal Justice System to balance all rights. Generally, the prosecutor is the voice for the victim. If you look at OJ Simpson and ask – “At what point(s) did the system fail to balance the Rights of all parties?” You can see places were the Criminal Justice System probably failed. If the system fails to protect someone’s rights during the process the system and likely the conclusion is unfair. There is a lack of justice when the Criminal Justice System fails as a process.
Help develop the discussion on criminal justice by posting a reply on the criminal justice forum.
Wednesday, December 28, 2005
Retired Sergeant Middleton's Book Available at LAPD Authors
LAPDAuthors.com announced the addition of Michael L. Middleton, a retired Los Angeles Police Department Sergeant’s book “Medal of Valor Firefighters.” According to Harold Schaitberger, General President, International Association of Firefighters, “The firefighters profiled in [Medal of Valor Firefighters] are all heroes, although most of them would never describe themselves that way. They know, as I do, that every firefighter across this great nation of ours is a hero whose story remains untold."
The back cover the Middleton’s book notes, “Since September 11, 2001, the nation's firefighters have been lauded for their courage and selflessness, yet many of their tales remain untold. Medal of Valor Firefighters recounts numerous stories of grace under fire in the words of decorated heroes themselves.”
The book includes true stories such as:
- San Francisco: Beneath a house toppled by the earthquake of 1989, firefighter Gerald Shannon uses a chainsaw to cut his way through a maze of burning rubble and volatile gas lines to rescue a trapped woman.
- Brooklyn: With his faceplate melting and helmet blistering, Captain John Pritchard finds a child in a burning bedroom and grasps her plastic crib--which melts at his touch and cascades down around his arm.
- Atlanta: Dangling under a helicopter on a one-inch nylon rope, firefighter Matthew Moseley performs a daring rescue of a man stranded 225 feet above a burning mill on a crane so hot it has melted the soles of his shoes.
Lieutenant Raymond E. Foster, LAPD (ret.), MPA, the CEO of Criminal Justice Online noted, “Sergeant Middleton’s served the Los Angeles Police Department for over 21 years.” Middleton’s first book, “Cop: A True Story” is also available at LAPDauthors.com
Sunday, December 25, 2005
High definition surveying gives law enforcement a whole new picture of a crime scene.
Its a given that criminals often return to the scene of the crime, such as an arsonist or serial murderer returning to the scene as a means to relive the crime. Its not only criminals that do so detectives, prosecutors and juries also need to revisit the crime scene. For the detective, it may be to re-examine the evidence; the prosecutor for case preparation; and for a jury to assist members in making a decision.
Typically, investigators rely on photographic evidence and two-dimensional (2D) drawings as a means to re-evaluate crime scenes. The problem is we live in a three-dimensional (3D) world and it can be difficult to visualize the positional relationships of evidence with 2D tools. What if agents could measure with extreme accuracy thousands of data points per second in a crime scene? What if an agent could capture that information, recall it and create his or her own virtual representation for use during a trial? Through a combination of laser and computer technology, HDS creates a virtual crime scene that gives investigators the ability to manipulate every piece of evidence in that crime scene.
Cloud of Information
Understanding evidence documented on a 2D drawing of a staircase is difficult, said Derry Long of Plowman Craven & Associates (PCA), a land surveying company based in the United Kingdom. If you create a 3D staircase and cut-away, the relevance of evidence is often clear.
Long spent 12 years as a civilian employee of Scotland Yard, where he designed police stations and developed computer modeling. At PCA, he uses high definition surveying (HDS) to reengineer crime scenes down to the sub-millimeter level. Although PCAs focus is working with builders and developers, Long has created the first HDS call-out team in Europe for criminal investigations.
His team, on-call 365 days a year, responds to about 150 incidents each year including 20 major crime scenes in the last year alone. Long has taken high technology from the surveying industry into the arena of crime scene investigations, and he said the chief value of HDS is that it produces evidence, not an interpretation of evidence
Many times, Long responds to a scene weeks after the investigations are concluded at the actual crime scene. His job, then, is to scan the scene and use the photographic documentation and crime scene notes to reengineer the scene. Long recalled a recent homicide wherein it was believed the murder actually occurred in the kitchen, but no one could determine how the body ended up in a hallway. By reengineering the crime scene, investigators were able to examine different points of view and the positional relationships of the evidence. Now it made sense, the investigators were able to see what had happened, said Long.
An HDS scanner can remotely emits millions of eye-safe bursts of laser light over a 360 degree field of view said Tony Grissim, Homeland Security & Law Enforcement Liaison for Leica Geosystems HDS, Inc., based in San Ramon, Calif. The HDS is measuring millions of points, creating a point cloud. The laser light is reflected off objects in the crime scene and back to a digital sensor on the HDS, Grissim explained, and then 3D spatial coordinates of the objects are calculated and stored using algebraic equations.
Think of letting off an old-style insect bomb in your first apartment. Millions of particles create a fog, and the resulting cloud settles on all of the objects in your apartment. With HDS, instead of millions of data particles settling on the objects, those data points are bounced back to the receiver, collected, converted and used to create a virtual image of any location.
An average desktop personal computer can now take the data file and project the location onto your screen. Not only has the scene been preserved exactly, the perspective can be manipulated. For instance, if the crime scene were the front room of an apartment, the 3D image allows the investigator to move around and examine different points of view.
Or perhaps the victim was found seated. An investigator could see and show a jury what the victim might have seen. If witnesses outside said they looked in a living room window, an investigator could zoom around and view what the witnesses could or could not have seen through that window.
Keeping the Scene Clean
A basic concept taught to first responders is securing a crime scene so that the contamination of evidence is minimized. Crime scene contamination can take on many forms. It might be someone leaving additional trace evidence, such as touching an object and leaving their fingerprints, someone inadvertently taking evidence from the scene, perhaps picking up fibers on their shoes, or moving evidence.
The analysis of a scenes evidence helps to tell the story of what happened, and if an item of evidence is moved or disturbed from its resting place the analysis could be faulty. National Crime & Operations Faculty (NCOF) Special Adviser Mark Harrison, MBE., talks about the golden hour, the time after a crime has been committed during which there is a maximum potential for the recovery of forensic evidence. Harrison, an 18-year veteran of British policing is on loan from the Bedfordshire Police to the NCOF, a national organization in the UK that provides special services during complex investigations. He commonly uses HDS technology as a stand off device: the HDS technology allows him to approach the scene in stages, scanning from the outer perimeter and moving into the heart of the scene.
The laser doesn’t care if its day or night, Harrison said. It captures the information and allows me to interrogate the crime scene with my laptop before it has been disturbed.
In the past, the method of preserving information about the evidence was photographic documentation and 2D drawings. Later, not only could someone testify to the recovery of the evidence, they might also provide expert interpretation. Drawings and photographs assist investigators in the investigation and ultimately assist prosecutors in telling the story to a jury.
In many cases, Harrison said, the value of evidence is in its positional relationship. It could be blood splatters, a firearm, shell casings or any other pieces of physical evidence, he said. Investigators often go to elaborate means to reconstruct scenes. Unfortunately, no matter how good your photographer there is always something else an investigator wants to know. Photographs and drawings are helpful, but they are 2D. Moreover, photographs and drawings are the technicians interpretation of the scene. Long and Harrison agree that observer bias always creeps into the photography and crime-scene drawing. If an HDS device is used at the scene, detectives, prosecutors and juries can return to the scene of the crime in its preserved state.
Matter of Perspective
The investigative and prosecutorial value of virtual crime scenes is evident. Being able to re-visit the scene and demonstrate exactly where evidence was recovered and it relationship to other evidence is stunning. Moreover, being able to show a jury exactly what a witness could have or could not have seen can be very valuable.
Recently, Craig Fries, president and CEO of Precision Simulations, said his company was asked to reengineer an officer-involved shooting in the San Francisco area that had occurred on year earlier. There were more than 40 witnesses to the incident, he said, and the scene itself was approximately 400 feet by 2,000 feet; an entire city block with businesses and apartments. Using HDS technology, Fries scanned the scene, the involved vehicles (at the impound yard) and used photographic evidence to reconstruct a virtual model of the incident that could be examined from almost any point of view.
Once the plaintiff knew what we were able to provide, they dropped the lawsuit, Fries said, adding that HDS technology is beginning to be a tool used by both the defendant and plaintiff. If done well, its very compelling to the jury. HDS works equally well in a large rural area. Harrison recalled a political execution in Ireland wherein the crime scene was a large pasture. HDS technology allowed investigators to document the entire scene in a relatively short period of time and was extraordinarily useful in their investigation.
Long and Harrison also said UK agencies have scanned vehicles, train crashes, river crossings, buildings and planes. From the point-cloud data, investigators in the UK can develop 2D line drawings, 3D models, animations and interactive multimedia packages. The system has training applications. Currently, there are driving, pursuit and use-of-force simulators. Using HDS, police officers could be taken into a virtual world to practice their skills. With HDS, police officers also could be taken back to actual events and debriefed on their own, or other police officers actions.
HDS technology has significant application for tabletop exercise, and in addition to training, the technology has a real-time application in tactical situations. Harrison explained that if there were a hostage situation on an aircraft, a similar aircraft could be used to create a virtual representation of the problem. Within about two minutes you could scan the interior of the second aircraft, upload the data and hand virtual goggles to the tactical team, he said, and with that data, combined with other real-time intelligence, the team could explore the interior of aircraft before taking action.
In the UK, government agencies are beginning to use HDS to document critical infrastructure as a means of furthering emergency planning. It would be valuable for fire, emergency medical or tactical teams to have access to virtual information about a building. Imagine a tactical team being able to virtually visit the inside of a school where children are being held hostage. As with the aircraft scenario, the HDS could produce a virtual school and combined with real-time information could give tactical teams an edge over the hostage-takers.
For this to be effective, though, the HDS scanning of critical structures must take place before the incident. As we go forward in the 21st century, we will likely see this technology take an important role in the criminal investigations, civil liability, training and emergency preparedness.
About the Author
Lieutenant Raymond E. Foster retired from the Los Angeles Police Department after 24 years of service. He is the author of “Police Technology (Prentice Hall, July 2004) and number articles on technology, leadership, terrorism and policing. Raymond is a part-time lecture at California State University, Fullerton and a part-time faculty advisor at the Union Institute and University. He has three current book projects. They are on terrorism, policing and leadership.
Raymond’s complete CV can be viewed at Criminal Justice Profile and he can be reached by email at mailto:raymond@hitechcj.com or on the Criminal Justice Online Forum.
Typically, investigators rely on photographic evidence and two-dimensional (2D) drawings as a means to re-evaluate crime scenes. The problem is we live in a three-dimensional (3D) world and it can be difficult to visualize the positional relationships of evidence with 2D tools. What if agents could measure with extreme accuracy thousands of data points per second in a crime scene? What if an agent could capture that information, recall it and create his or her own virtual representation for use during a trial? Through a combination of laser and computer technology, HDS creates a virtual crime scene that gives investigators the ability to manipulate every piece of evidence in that crime scene.
Cloud of Information
Understanding evidence documented on a 2D drawing of a staircase is difficult, said Derry Long of Plowman Craven & Associates (PCA), a land surveying company based in the United Kingdom. If you create a 3D staircase and cut-away, the relevance of evidence is often clear.
Long spent 12 years as a civilian employee of Scotland Yard, where he designed police stations and developed computer modeling. At PCA, he uses high definition surveying (HDS) to reengineer crime scenes down to the sub-millimeter level. Although PCAs focus is working with builders and developers, Long has created the first HDS call-out team in Europe for criminal investigations.
His team, on-call 365 days a year, responds to about 150 incidents each year including 20 major crime scenes in the last year alone. Long has taken high technology from the surveying industry into the arena of crime scene investigations, and he said the chief value of HDS is that it produces evidence, not an interpretation of evidence
Many times, Long responds to a scene weeks after the investigations are concluded at the actual crime scene. His job, then, is to scan the scene and use the photographic documentation and crime scene notes to reengineer the scene. Long recalled a recent homicide wherein it was believed the murder actually occurred in the kitchen, but no one could determine how the body ended up in a hallway. By reengineering the crime scene, investigators were able to examine different points of view and the positional relationships of the evidence. Now it made sense, the investigators were able to see what had happened, said Long.
An HDS scanner can remotely emits millions of eye-safe bursts of laser light over a 360 degree field of view said Tony Grissim, Homeland Security & Law Enforcement Liaison for Leica Geosystems HDS, Inc., based in San Ramon, Calif. The HDS is measuring millions of points, creating a point cloud. The laser light is reflected off objects in the crime scene and back to a digital sensor on the HDS, Grissim explained, and then 3D spatial coordinates of the objects are calculated and stored using algebraic equations.
Think of letting off an old-style insect bomb in your first apartment. Millions of particles create a fog, and the resulting cloud settles on all of the objects in your apartment. With HDS, instead of millions of data particles settling on the objects, those data points are bounced back to the receiver, collected, converted and used to create a virtual image of any location.
An average desktop personal computer can now take the data file and project the location onto your screen. Not only has the scene been preserved exactly, the perspective can be manipulated. For instance, if the crime scene were the front room of an apartment, the 3D image allows the investigator to move around and examine different points of view.
Or perhaps the victim was found seated. An investigator could see and show a jury what the victim might have seen. If witnesses outside said they looked in a living room window, an investigator could zoom around and view what the witnesses could or could not have seen through that window.
Keeping the Scene Clean
A basic concept taught to first responders is securing a crime scene so that the contamination of evidence is minimized. Crime scene contamination can take on many forms. It might be someone leaving additional trace evidence, such as touching an object and leaving their fingerprints, someone inadvertently taking evidence from the scene, perhaps picking up fibers on their shoes, or moving evidence.
The analysis of a scenes evidence helps to tell the story of what happened, and if an item of evidence is moved or disturbed from its resting place the analysis could be faulty. National Crime & Operations Faculty (NCOF) Special Adviser Mark Harrison, MBE., talks about the golden hour, the time after a crime has been committed during which there is a maximum potential for the recovery of forensic evidence. Harrison, an 18-year veteran of British policing is on loan from the Bedfordshire Police to the NCOF, a national organization in the UK that provides special services during complex investigations. He commonly uses HDS technology as a stand off device: the HDS technology allows him to approach the scene in stages, scanning from the outer perimeter and moving into the heart of the scene.
The laser doesn’t care if its day or night, Harrison said. It captures the information and allows me to interrogate the crime scene with my laptop before it has been disturbed.
In the past, the method of preserving information about the evidence was photographic documentation and 2D drawings. Later, not only could someone testify to the recovery of the evidence, they might also provide expert interpretation. Drawings and photographs assist investigators in the investigation and ultimately assist prosecutors in telling the story to a jury.
In many cases, Harrison said, the value of evidence is in its positional relationship. It could be blood splatters, a firearm, shell casings or any other pieces of physical evidence, he said. Investigators often go to elaborate means to reconstruct scenes. Unfortunately, no matter how good your photographer there is always something else an investigator wants to know. Photographs and drawings are helpful, but they are 2D. Moreover, photographs and drawings are the technicians interpretation of the scene. Long and Harrison agree that observer bias always creeps into the photography and crime-scene drawing. If an HDS device is used at the scene, detectives, prosecutors and juries can return to the scene of the crime in its preserved state.
Matter of Perspective
The investigative and prosecutorial value of virtual crime scenes is evident. Being able to re-visit the scene and demonstrate exactly where evidence was recovered and it relationship to other evidence is stunning. Moreover, being able to show a jury exactly what a witness could have or could not have seen can be very valuable.
Recently, Craig Fries, president and CEO of Precision Simulations, said his company was asked to reengineer an officer-involved shooting in the San Francisco area that had occurred on year earlier. There were more than 40 witnesses to the incident, he said, and the scene itself was approximately 400 feet by 2,000 feet; an entire city block with businesses and apartments. Using HDS technology, Fries scanned the scene, the involved vehicles (at the impound yard) and used photographic evidence to reconstruct a virtual model of the incident that could be examined from almost any point of view.
Once the plaintiff knew what we were able to provide, they dropped the lawsuit, Fries said, adding that HDS technology is beginning to be a tool used by both the defendant and plaintiff. If done well, its very compelling to the jury. HDS works equally well in a large rural area. Harrison recalled a political execution in Ireland wherein the crime scene was a large pasture. HDS technology allowed investigators to document the entire scene in a relatively short period of time and was extraordinarily useful in their investigation.
Long and Harrison also said UK agencies have scanned vehicles, train crashes, river crossings, buildings and planes. From the point-cloud data, investigators in the UK can develop 2D line drawings, 3D models, animations and interactive multimedia packages. The system has training applications. Currently, there are driving, pursuit and use-of-force simulators. Using HDS, police officers could be taken into a virtual world to practice their skills. With HDS, police officers also could be taken back to actual events and debriefed on their own, or other police officers actions.
HDS technology has significant application for tabletop exercise, and in addition to training, the technology has a real-time application in tactical situations. Harrison explained that if there were a hostage situation on an aircraft, a similar aircraft could be used to create a virtual representation of the problem. Within about two minutes you could scan the interior of the second aircraft, upload the data and hand virtual goggles to the tactical team, he said, and with that data, combined with other real-time intelligence, the team could explore the interior of aircraft before taking action.
In the UK, government agencies are beginning to use HDS to document critical infrastructure as a means of furthering emergency planning. It would be valuable for fire, emergency medical or tactical teams to have access to virtual information about a building. Imagine a tactical team being able to virtually visit the inside of a school where children are being held hostage. As with the aircraft scenario, the HDS could produce a virtual school and combined with real-time information could give tactical teams an edge over the hostage-takers.
For this to be effective, though, the HDS scanning of critical structures must take place before the incident. As we go forward in the 21st century, we will likely see this technology take an important role in the criminal investigations, civil liability, training and emergency preparedness.
About the Author
Lieutenant Raymond E. Foster retired from the Los Angeles Police Department after 24 years of service. He is the author of “Police Technology (Prentice Hall, July 2004) and number articles on technology, leadership, terrorism and policing. Raymond is a part-time lecture at California State University, Fullerton and a part-time faculty advisor at the Union Institute and University. He has three current book projects. They are on terrorism, policing and leadership.
Raymond’s complete CV can be viewed at Criminal Justice Profile and he can be reached by email at mailto:raymond@hitechcj.com or on the Criminal Justice Online Forum.
Hi Tech Criminal Justice launches online forum
(San Dimas, CA) On Friday, December 23, 2005, Hi Tech Criminal Justice launched an online forum at www.criminaljustice-online.com. Hi Tech Criminal Justice is a firm dedicated to providing online resources for criminal justice practitioners, such as police officers, and academics. The Criminal Justice Online Forum is the latest in innovations created by the firm. According to Lieutenant Raymond E. Foster, LAPD (ret.), MPA, the “forum is designed to be an open source for the criminal justice community.” Foster, CEO of Hi Tech Criminal Justice, added “managing an open source forum is a challenging task. But, we’re convinced that by using moderators with critical expertise we can provide criminal justice practitioners with a valuable resource.”
Currently the forum has sections on leadership, terrorism, technology and criminal justice administration. “The key on maintaining quality is moderator expertise and dedication,” Foster said. As an example, the moderator on domestic and international security issues is Vic Plessner. Plessner, the host of the Internet radio program Global Issues, has more than 35 years of experience as a Global Security Consultant. When Pablo Escobar, the notorious leader of the Medelin Cartel, escaped from a Colombian Prison, Vic was contracted as an advisor to the Minister of Justice in Colombia, SA, where he designed seven maximum security prisons for housing the leaders of the drug cartels and guerrilla revolutionary groups.
Adding yet another international perspective of the Global War on Terrorism, one of the forum’s moderators is Carlos Guillermo Blanco, the Chief Superintendent of the Argentine National Gendarmerie. Another moderator, Rod Helm, of Grant Writing USA, will be moderating in the Criminal Justice Administration forum, specifically assisting with questions concerning grant making and funding. Over the years, Rod has raised millions of dollars in grants, contracts and in-kind contributions for various agencies. As founder of Southern Nevada's first prepared and perishable food rescue program, Rod was acclaimed as one of Nevada's leading social entrepreneurs.
Although new, the forum is building rapidly with contribution in the Terrorism section on Open Source Intelligence (OSINT) like the “Military Guide to Terrorism” and the “Al Qaeda Training Manual for Global Jihad.” And, the Leadership section is being populated with information on “Small Unit Leadership” and “General Leadership” information and advice. Foster added, “We are going to keep moving forward with the open source, or open community model, in an effort to generate diverse and interesting material.”
Currently the forum has sections on leadership, terrorism, technology and criminal justice administration. “The key on maintaining quality is moderator expertise and dedication,” Foster said. As an example, the moderator on domestic and international security issues is Vic Plessner. Plessner, the host of the Internet radio program Global Issues, has more than 35 years of experience as a Global Security Consultant. When Pablo Escobar, the notorious leader of the Medelin Cartel, escaped from a Colombian Prison, Vic was contracted as an advisor to the Minister of Justice in Colombia, SA, where he designed seven maximum security prisons for housing the leaders of the drug cartels and guerrilla revolutionary groups.
Adding yet another international perspective of the Global War on Terrorism, one of the forum’s moderators is Carlos Guillermo Blanco, the Chief Superintendent of the Argentine National Gendarmerie. Another moderator, Rod Helm, of Grant Writing USA, will be moderating in the Criminal Justice Administration forum, specifically assisting with questions concerning grant making and funding. Over the years, Rod has raised millions of dollars in grants, contracts and in-kind contributions for various agencies. As founder of Southern Nevada's first prepared and perishable food rescue program, Rod was acclaimed as one of Nevada's leading social entrepreneurs.
Although new, the forum is building rapidly with contribution in the Terrorism section on Open Source Intelligence (OSINT) like the “Military Guide to Terrorism” and the “Al Qaeda Training Manual for Global Jihad.” And, the Leadership section is being populated with information on “Small Unit Leadership” and “General Leadership” information and advice. Foster added, “We are going to keep moving forward with the open source, or open community model, in an effort to generate diverse and interesting material.”
Terrorism: Crime or Asymmetrical Warfare?
Thus it is said that one who knows the enemy and knows himself will not be endangered in a hundred engagements.
Sun Tzu, The Art of War.
Introduction
The definition of a crime dictates our response. For instance, while responding to a robbery-in-progress call you and your partner should be formulating your tactical plans. Indeed, as you receive more information, perhaps from dispatch, other units or air support, you change your plans based on the information. In addition to affecting your tactical plans, the definition of a crime may also change your investigative approach. When investigating a homicide or sexual assault crime, investigators typically begin with the victim. On the other hand, with a property crime, we tend to focus initially on the crime scene. Even our methods of prevention change by the definition of crime. How many times have you heard victims tell you their house was robbed? They don’t mean that two men booted the door brandishing handguns. They usually mean that someone jimmied the rear sliding glass door and snuck in while they were away. Of course, we know a robbery didn’t occur - a burglary occurred. By properly defining the crime, we can offer the victim some prevention methods.
This series of six articles explores terrorism and the first responder. In this introductory article, we will begin by exploring the definition of terrorism with the expectation that a clearer definition of terrorism, what is a terrorist act, and what is terrorist activity, will make us more effective. By the end of the series, we will have explored a variety of terrorist-related subjects, culminating with a look at how and possibly why terrorism has changed dramatically in the last three decades.
Beginning with the FBI’s Definition
Both practitioners and scholars hotly debate the definition of terrorism. Indeed, from certain standpoints “one person’s terrorist could be another’s freedom fighter[i] .” For some, terrorism is Asymmetrical Warfare, such as, a weaker opponent using unconventional tactics against a stronger, more conventional foe[ii] . In Asymmetrical Warfare terms like Guerilla Fighter, Insurgent or Revolutionary describe those fighting against an established government. On a national policy level, it will be very important to differentiate between national liberation movements and terrorism. As a country, the United States has found ourselves supporting some national liberation movements and at other times, supporting embattled governments. However, several aspects of terrorism and terrorists differentiate them from ordinary revolutionaries and criminals. Furthermore, for domestic law enforcement it may be more important to concentrate on the difference between terrorism and traditional crime. For purposes of this series of articles, we will be exploring and building on the Federal Bureau of Investigation’s (FBI) definition of domestic terrorism:
“Domestic terrorism refers to activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any state; appear to be intended to intimidate or coerce a civilian population; to influence the policy of a government by mass destruction, assassination, or kidnapping; and, occur primarily within the territorial jurisdiction of the United States[iii] .”
Motive Makes the Difference
A primary part of this definition that separates terrorists from ordinary criminals is motive. For someone to commit a terrorist act his or her motivation must be a social, political or religious cause. The term “religious cause” is added to the definition because there is significant evidence to believe that religious motives are dramatically changing the nature of terrorism. For instance, in his study on mass casualty bombers, Quillen[iv] found “a religious motivation can be identified in not only the majority of cases (47), but also in a majority of the casualties (3,952)[v]. So, a street gang or members of organized crime might terrorize a neighborhood, but since their primary motive is personal gain or perhaps revenge, and not a social, political or religious cause, they are not terrorists.
A Crime is a Crime
The next critical component of the definition is the occurrence of a crime. Holding, espousing and, in some ways, acting on radical political, social or religious beliefs is not a crime. An individual or a group can hold radical political beliefs and express them in a lawful manner. A typical instance might be a lawful demonstration. In later articles, when we look closer at the difference between a terrorist incident and terrorist activity, we will see that some types of lawful activity (for instance, buying on-way airline tickets) can be an indicator of an impending terrorist incident. Instances of lawful activity supporting criminal activity if often found in the investigation of organized crime.
Fear is the Purpose
The third key component of the definition of terrorism is the intention “to intimidate or coerce a civilian population[vi] .” According to Pain, “not any political extremism can be called terrorism but only that one which admits (and really practices) politically motivated violence against a civil population[vii] .” Terrorist commit acts of violence against civilians in order to produce fear. Often, the savage violence and seemingly random selection of victims is what causes the fear. This fear may be similar to the fear created by hate crimes. While burglary traumatizes the victim, generally it does not extend beyond their neighbors and ultimately recedes from everyone’s memories. If you are the victim of a burglary, you have options that decrease the likelihood that you will be a victim again. You have some power over the situation. However, “victims of hate/bias crimes are particular sensitive and unsettled because they feel powerless to alter the situation since they cannot change their racial or ethnic status[viii].”
For both terrorist and hate crimes, everyone who is in the victim’s group feels similarly unsettled because the random nature of the violence means they have an equal chance of becoming a victim. Consider, for example, that after September 11th, nearly everyone who had flown on a commercial airliner thought to himself or herself about what they would have done, what it would have been like. Nearly everyone who works or visits a high-rise building had similar thoughts. It was not just the devastation and violence with which these acts were committed, but it was also the randomness and the normality of the locations that made us fearful. In other words, victimization was random and solely based on membership in the group being attacked - the United States of America. Anyone of us could have been a victim. As Mylonaki observed, terrorism is “designed to have far-reaching psychological repercussions beyond the immediate victim or target[ix].” Like the victim of a hate crime, we are all in it together.
Looking Ahead
The definition of terrorism could be stated as a crime motivated by political, social or religious beliefs that is designed to cause widespread fear. Implicit in this definition is that the victims are non-combatants and the perpetrators are criminals. For domestic law enforcement, it does not matter if the victim is in uniform or the location a military/government building – a crime is a crime. Moreover, the strength of American law enforcement is its ability to respond to criminal incidents, investigate and bring the suspects to justice.
Using the definition explored in this article, we can begin to look at tactical responses, investigative techniques and prevention. While a crime is a crime, the type and definition of crime and the criminals helps to guide our response as law enforcement professionals. Throughout this series of articles, we will be approaching the subject of terrorism through the lens of this definition in order to aid police officers, detectives and police managers in deterring, investigating and responding to terrorism.
About the Author
Lieutenant Raymond E. Foster retired from the Los Angeles Police Department after 24 years of service. He is the author of “Police Technology (Prentice Hall, July 2004)" and numerous articles on technology, leadership, terrorism and policing. Raymond is a part-time lecture at California State University, Fullerton and a part-time faculty advisor at the Union Institute and University. He has three current book projects. They are on terrorism, policing and leadership.
Raymond’s complete CV can be viewed at Criminal Justice Profile and he can be reached by email at mailto:raymond@hitechcj.com.
End Notes
[i] Mylonaki, E. (2002). The manipulation of organised crime by terrorists: legal and factual
perspectives. International Criminal Law Review (2) 213–235.
[ii] Teo Li-Wei, F. (2002). Rethinking western vulnerabilities to asymmetric warfare. Journal of
Singapore Armed Forces. (28)2.
[iii] Terrorism in the Unites States (1999) Counterterrorism Threat Assessment and Warning Unit
Counterterrorism Division, Federal Bureau of Investigation.
[iv] Quillen, C. (2002). A historical analysis of mass casualty bombers. Studies in Conflict and
Terrorism, 25, 279-292.
[v] Quillen reviewed bombings between the end of World War II until the end of 2000. He found that mass casualty bombings (more than 25 deaths) occurred on seventy-six occasions resulting in 5,690 deaths.
[vi] Terrorism, FBI
[vii] Pain, E. (2002). The social nature of extremism and terrorism. Social Sciences, 33(3), 55-69.
[viii] Shusta, R., D. Levine, H. Wong and P. Harris (2005) Multicultural Law Enforcement. Prentice
Hall, Upper Saddle River, New Jersey.
[ix] Mylonaki, International Criminal Law Review
Sun Tzu, The Art of War.
Introduction
The definition of a crime dictates our response. For instance, while responding to a robbery-in-progress call you and your partner should be formulating your tactical plans. Indeed, as you receive more information, perhaps from dispatch, other units or air support, you change your plans based on the information. In addition to affecting your tactical plans, the definition of a crime may also change your investigative approach. When investigating a homicide or sexual assault crime, investigators typically begin with the victim. On the other hand, with a property crime, we tend to focus initially on the crime scene. Even our methods of prevention change by the definition of crime. How many times have you heard victims tell you their house was robbed? They don’t mean that two men booted the door brandishing handguns. They usually mean that someone jimmied the rear sliding glass door and snuck in while they were away. Of course, we know a robbery didn’t occur - a burglary occurred. By properly defining the crime, we can offer the victim some prevention methods.
This series of six articles explores terrorism and the first responder. In this introductory article, we will begin by exploring the definition of terrorism with the expectation that a clearer definition of terrorism, what is a terrorist act, and what is terrorist activity, will make us more effective. By the end of the series, we will have explored a variety of terrorist-related subjects, culminating with a look at how and possibly why terrorism has changed dramatically in the last three decades.
Beginning with the FBI’s Definition
Both practitioners and scholars hotly debate the definition of terrorism. Indeed, from certain standpoints “one person’s terrorist could be another’s freedom fighter[i] .” For some, terrorism is Asymmetrical Warfare, such as, a weaker opponent using unconventional tactics against a stronger, more conventional foe[ii] . In Asymmetrical Warfare terms like Guerilla Fighter, Insurgent or Revolutionary describe those fighting against an established government. On a national policy level, it will be very important to differentiate between national liberation movements and terrorism. As a country, the United States has found ourselves supporting some national liberation movements and at other times, supporting embattled governments. However, several aspects of terrorism and terrorists differentiate them from ordinary revolutionaries and criminals. Furthermore, for domestic law enforcement it may be more important to concentrate on the difference between terrorism and traditional crime. For purposes of this series of articles, we will be exploring and building on the Federal Bureau of Investigation’s (FBI) definition of domestic terrorism:
“Domestic terrorism refers to activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any state; appear to be intended to intimidate or coerce a civilian population; to influence the policy of a government by mass destruction, assassination, or kidnapping; and, occur primarily within the territorial jurisdiction of the United States[iii] .”
Motive Makes the Difference
A primary part of this definition that separates terrorists from ordinary criminals is motive. For someone to commit a terrorist act his or her motivation must be a social, political or religious cause. The term “religious cause” is added to the definition because there is significant evidence to believe that religious motives are dramatically changing the nature of terrorism. For instance, in his study on mass casualty bombers, Quillen[iv] found “a religious motivation can be identified in not only the majority of cases (47), but also in a majority of the casualties (3,952)[v]. So, a street gang or members of organized crime might terrorize a neighborhood, but since their primary motive is personal gain or perhaps revenge, and not a social, political or religious cause, they are not terrorists.
A Crime is a Crime
The next critical component of the definition is the occurrence of a crime. Holding, espousing and, in some ways, acting on radical political, social or religious beliefs is not a crime. An individual or a group can hold radical political beliefs and express them in a lawful manner. A typical instance might be a lawful demonstration. In later articles, when we look closer at the difference between a terrorist incident and terrorist activity, we will see that some types of lawful activity (for instance, buying on-way airline tickets) can be an indicator of an impending terrorist incident. Instances of lawful activity supporting criminal activity if often found in the investigation of organized crime.
Fear is the Purpose
The third key component of the definition of terrorism is the intention “to intimidate or coerce a civilian population[vi] .” According to Pain, “not any political extremism can be called terrorism but only that one which admits (and really practices) politically motivated violence against a civil population[vii] .” Terrorist commit acts of violence against civilians in order to produce fear. Often, the savage violence and seemingly random selection of victims is what causes the fear. This fear may be similar to the fear created by hate crimes. While burglary traumatizes the victim, generally it does not extend beyond their neighbors and ultimately recedes from everyone’s memories. If you are the victim of a burglary, you have options that decrease the likelihood that you will be a victim again. You have some power over the situation. However, “victims of hate/bias crimes are particular sensitive and unsettled because they feel powerless to alter the situation since they cannot change their racial or ethnic status[viii].”
For both terrorist and hate crimes, everyone who is in the victim’s group feels similarly unsettled because the random nature of the violence means they have an equal chance of becoming a victim. Consider, for example, that after September 11th, nearly everyone who had flown on a commercial airliner thought to himself or herself about what they would have done, what it would have been like. Nearly everyone who works or visits a high-rise building had similar thoughts. It was not just the devastation and violence with which these acts were committed, but it was also the randomness and the normality of the locations that made us fearful. In other words, victimization was random and solely based on membership in the group being attacked - the United States of America. Anyone of us could have been a victim. As Mylonaki observed, terrorism is “designed to have far-reaching psychological repercussions beyond the immediate victim or target[ix].” Like the victim of a hate crime, we are all in it together.
Looking Ahead
The definition of terrorism could be stated as a crime motivated by political, social or religious beliefs that is designed to cause widespread fear. Implicit in this definition is that the victims are non-combatants and the perpetrators are criminals. For domestic law enforcement, it does not matter if the victim is in uniform or the location a military/government building – a crime is a crime. Moreover, the strength of American law enforcement is its ability to respond to criminal incidents, investigate and bring the suspects to justice.
Using the definition explored in this article, we can begin to look at tactical responses, investigative techniques and prevention. While a crime is a crime, the type and definition of crime and the criminals helps to guide our response as law enforcement professionals. Throughout this series of articles, we will be approaching the subject of terrorism through the lens of this definition in order to aid police officers, detectives and police managers in deterring, investigating and responding to terrorism.
About the Author
Lieutenant Raymond E. Foster retired from the Los Angeles Police Department after 24 years of service. He is the author of “Police Technology (Prentice Hall, July 2004)" and numerous articles on technology, leadership, terrorism and policing. Raymond is a part-time lecture at California State University, Fullerton and a part-time faculty advisor at the Union Institute and University. He has three current book projects. They are on terrorism, policing and leadership.
Raymond’s complete CV can be viewed at Criminal Justice Profile and he can be reached by email at mailto:raymond@hitechcj.com.
End Notes
[i] Mylonaki, E. (2002). The manipulation of organised crime by terrorists: legal and factual
perspectives. International Criminal Law Review (2) 213–235.
[ii] Teo Li-Wei, F. (2002). Rethinking western vulnerabilities to asymmetric warfare. Journal of
Singapore Armed Forces. (28)2.
[iii] Terrorism in the Unites States (1999) Counterterrorism Threat Assessment and Warning Unit
Counterterrorism Division, Federal Bureau of Investigation.
[iv] Quillen, C. (2002). A historical analysis of mass casualty bombers. Studies in Conflict and
Terrorism, 25, 279-292.
[v] Quillen reviewed bombings between the end of World War II until the end of 2000. He found that mass casualty bombings (more than 25 deaths) occurred on seventy-six occasions resulting in 5,690 deaths.
[vi] Terrorism, FBI
[vii] Pain, E. (2002). The social nature of extremism and terrorism. Social Sciences, 33(3), 55-69.
[viii] Shusta, R., D. Levine, H. Wong and P. Harris (2005) Multicultural Law Enforcement. Prentice
Hall, Upper Saddle River, New Jersey.
[ix] Mylonaki, International Criminal Law Review
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