www.cengage.com/cj/white

Jonathan R. White

Rosemary ArwayHodges University

Chapter 15:Law Enforcement

Bureaucracy and Homeland Security

The Bureaucracy Challenge

Currently, a variety of Senate and House committees are responsible for different aspects of security in the U.S.o Federal, state, local, tribal agencies and private

corporations Max Weber

o Coined the term of bureaucracy to describe professional, rational organizations designed to serve a purpose.

Bureaucracy and Preventing Terrorism There is a controversy concerning homeland

security bureaucracyo Efficiency of consolidating power o Efficiency of decentralized services

Intelligence and Bureaucracy

FBI is a leading agency for counterterrorism.

Important services are shared with Border Patrol, Secret Service and CIA.

Under the intelligence reform law of 2004 all intelligence coordination must take place in the National Counterterrorism Center (NCTC).

State, Local, and Tribal Law Enforcement Bureaucracies

There are more than 800,000 state, local, and tribal law enforcement agencies in the U.S.A.

Law enforcement executives must support task orientated methods in counterterrorism. o Task orientation focuses the actions of

individuals and departments.

Additionally, commitment to threat analysis and identification of pre-incident indicators have to be taken into consideration.

Border Protection Borders of the U.S. are vulnerable in several areas:

o Long stretches of unprotected areas along the northern and southern borders are wide open for infiltration.

o Over 300 seaports must be secured.o Air travel and entry points require security.o Noncitizens within U.S. borders to be accounted for.

The DHS must coordinate the activities of different agencies responsible for border protection.o Custom Serviceo Immigration and Customs Enforcemento Coast Guard

Policy Disputes

The 9-11 Commission Report addressed border security, recommending reforms.

More than 500M people cross U.S. borders every year; 330M are foreigners.

The system is unable to provide security or monitor foreigners in the U.S.

An agency as broad as DHS will face criticism from various outside and inside groups with conflicting demands.

DHS issues:o Deployment of personnelo Policies concerning international travelerso Responsibility of local agencies

Immigration Debate

Boarder Security involves issues of:o Tightening entry of illegal immigrants o Tighter controls on immigration from countries that

may harbor hostility toward the United States Diminyatz notes four major threats related to

protection of the southern border:o Terrorism and weapon of mass destructiono Drug traffickingo Human smugglingo Infectious diseases

Immigration Debate

Buchanano Unregulated flow of immigrants from the southern

border opens the door to terrorist infiltration and to destruction of American culture.

To correct the situation, U.S. military forces should be deployed along the border until civilian law enforcement can be consolidated and effective barriers can be established.

The federal government needs to form partnership with local law enforcement. o There is a danger this would impede effective local

law enforcement which requires contacts within illegal immigrant communities.

Infrastructure Protection

Clarke – There are a number of threats facing the nation’s infrastructure.o Information systems

▪ Most computer systems are vulnerable to viruses.

o Internet and computer networks that support transportation and economic systems are also vulnerable to attack.▪ Shut down electrical grids and computers – shut

down transportation and communication

o Energy ▪ The nation’s power system and technological

organizations that support it are vulnerable to disruptions.

Private vs. Governmental Partnership

Private industries (i.e., General Motors, Wal-Mart) have excellent information gathering and security systems.o Information used for competition and profit

Private industries often share information with the government for the public good.o One-way flow of information

Police forces need to be linked with security forces charged with infrastructure protection.

Cybersecurity also requires expertise beyond the scope of most law enforcement agencies.

Infrastructure Protection

All levels of law enforcement are faced with the problems of technical specialists and access to privately owned portions of the infrastructure.

Links with the public and private organizations are necessary.

Linkages should be developed in two crucial areas:o Police should be linked to the security forces already

associated with infrastructure functions.o State and local law enforcement agencies must

establish formal and informal networks with the organizations in their jurisdictions.

Thinking Internationally

Terrorism is an abstract concept fluctuating according to political circumstances.

Security forces require people with critical thinking skills.o Abstract reasoning skillso Knowledge of international politics and history

▪ Specialized expertise in particular regions

Law enforcement agencies in the U.S. generally do not have skilled specialists.o Presents problems as DHS tries to create

information networks.

Rivalries

Federal agencies, at times, act more like rivals than partners.o 9-11 Commission noted this in its report.

Federal agencies’ failure to cooperate with each other can influence local police relationships.

Many police executives in the U.S. are not convinced the FBI is in partnership with efforts to stop terrorism.

If law enforcement in the U.S. is to become part of homeland defense, the relationship between the FBI and local law enforcement must improve.

Local Control and Revenue Sources

Civil libertarians believe consolidated police power will erode civil rights.

Local government officials worry their agendas will be lost in the federal maze.

Costs of homeland security responsibilities adds a level of frustration to local governments.o Some jurisdictions want homeland security money

distributed evenly.o Larger jurisdictions argue that money should be

distributed according to likelihood of attack.o Others are concerned that homeland security

grants are given to local governments for bizarre reasons.▪ $36,000 to the state of Kentucky to keep terrorists

from infiltrating bingo halls.

Border Security: Critique and Reform

Bureaucracies in the U.S. are squandering the opportunity to defend it.

Flynn – U.S. has made two crucial mistakes:o Homeland security separated from national

security.o Under-qualified personnel that cannot maintain

national security.

U.S. has not organized its resources for defense.

Prepared to fight overseas while neglecting to protect the home front.

Border Security: Critique and Reform

Flynn – According to the CIA, weapons of mass destruction would most likely be smuggled into the U.S. by sea.o Difficult to inspect all of the cargo containers in

seaports.o Oceans represent an opportunity for terrorists.

Bush administration has done very little to protect the nation’s seaports.o U.S., in 2004, spent more money every three

days to fight the war in Iraq than it has in three years of protecting seaports.

Border Security: Critique and Reform

Nation’s critical infrastructure remains open to attack.o Department of Defense, in 2005, was allotted

$7.6 billion to enhance the fortifications of its bases. In the same budget, the infrastructure for the entire

nation received $2.6 billion.

o Dirty bombs and chemical threats can be developed from hazardous material. Over the past three years funds to secure the

disposal of such material have been drastically reduced.

Border Security: Critique and Reform

While enhanced border security is necessary, this alone will not protect the U.S. against a terrorist attack.

Jihadists are fully aware of vulnerabilities in the infrastructure.

Safest and most effect way to hit the U.S. is to hit the infrastructure.o Jihadists understand the economic effect of

their actions.

Border Security: Critique and Reform

Flynn – Development of an integrated system against terrorism would reduce the drug trade, contraband smuggling, and theft.

Law enforcement agencies should look for weaknesses in the system, probe them, and make changes based on the results.

Not every attack can be prevented; however, most terrorism can be deterred through cooperative partnership.

Successful Law Enforcement

New approaches to the law enforcement mission:o Police must be prepared to look beyond the arrest

situations to communicate intelligence beyond local jurisdiction.

o Local police can expand their skills in detecting and reporting deceptive behavior.

o Homeland Security must develop emergency response plans that would define roles and responsibilities to be put into place after an incident.

o Joint terrorism Task Forces ▪ System that separates criminal and national security

intelligence.

JTTF System

The JTTF system may serve as an example for the first step in law enforcement cooperation.

Regional units designed to combat terrorism combineo Local police officerso State police officerso Various federal police officers o Prosecutors o Correctional officers

JTTF System

Local and state officers are given federal authority; these officers’ presence give federal agents the ability to act in local jurisdictions.

Local police are in a perfect position to engage in intelligence gathering activities.o Franceo Germanyo Canadians and British