Criminology and Criminal Justice Commons^™

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

How Perpetrator Identity (Sometimes) Influences Media Framing Attacks As “Terrorism” Or “Mental Illness”, Allison E. Betus, Erin M. Kearns, Anthony F. Lemieux

Criminology and Criminal Justice Faculty Publications

Do media frame attacks with Muslim perpetrators as “terrorism” and attacks with White perpetrators as the result of “mental illness”? Despite public speculation and limited academic work with relatively small subsets of cases, there have been no systematic analyses of potential biases in how media frame terrorism. We addressed this gap by examining the text of print news coverage of all terrorist attacks in the United States between 2006 and 2015. Controlling for fatalities, affiliation with a group, and existing mental illness, the odds that an article references terrorism are approximately five times greater for a Muslim versus a non-Muslim …

When To Take Credit For Terrorism? A Cross-National Examination Of Claims And Attributions, Erin M. Kearns

Criminology and Criminal Justice Faculty Publications

Rationalist research expects that groups claim credit for terrorism. Yet, the vast majority of attacks are not claimed. Of the unclaimed attacks, about half are attributed to a specific group. What factors impact claiming decisions? While extant literature largely treats claiming as binary—either claimed or not—the present study disaggregates claiming decisions further to also consider attacks with attributions of credit but no claim, using data from 160 countries between 1998 and 2016. Both attack-level and situational factors impact claiming decisions. Disaggregating claiming behavior shows meaningful differences. Specifically, competitive environments and suicide attacks increase claims but not attributions. Higher fatalities in …

The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah Minnick

Senior Honors Theses

The purpose of this thesis is to analyze suicide terrorism and to examine the logic behind it. The thesis will examine recent Islamic suicide terrorism and why it is so successful. This paper will also attempt to define suicide terrorism and explain how it functions.

The first half of this thesis reviews a short history of suicide terrorism to show the logic behind it. It will begin with the Old Testament and continue throughout history until the September 11, 2001 attacks on the World Trade Center in New York City. This thesis will discuss the motivation for terrorist organizations to …

Forensic Linguist Tej Bhatia On The Hunt For The Unabomber, Tej K. Bhatia

Languages, Literatures, and Linguistics - All Scholarship

From article: [Editor’s note: Discovery Channel’s new 8-part series MANHUNT: UNABOMBER is about the FBI investigator Jim Fitzgerald who identified the Unabomber as Ted Kaczynski based on his writings–pioneering the use of what is now called forensic linguistics. The series stars Sam Worthington and Paul Bettany, and also features Chris Noth, Elizabeth Reaser, and Brian F. O’Byrne. Science & Film commissioned Syracuse University linguistics professor Dr. Tej Bhatia to write about the case. The series is available via Netflix and Amazon.]

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …

Formation Of The Radical Self: Constructs Of Change In Western Youth To Acts Of Terrorism On Home-Soil, Robyn Torok

Australian Security and Intelligence Conference

The terrorist attack on a member of the Police service by a 15 year old boy in late 2015 sent shock waves not only through Australia but also throughout the world as the realisation of Islamic State targeting teenagers becomes a reality. This paper uses a blend of theoretical and empirical evidence to examine how the radicalised self is formed. Insights from various frameworks including: developmental psychology (teenage identity formation and role confusion), Foucault’s technologies of the self, governmentality and sociological issues including the perceived gap between Muslim values and those of the West. Coupled with these theoretical frameworks are …

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.

Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.

The Contemporary Face Of Transnational Criminal Organizations And The Threat They Pose To U.S. National Interest: A Global Perspective., Vesna Markovic

Criminal Justice Faculty Publications

Traditional organized crime groups have consistently posed issues for la w enforcement; however, the contemporary TCOs present an even greater security risk and threat. TCOs thrive in countries with a weak rule of law and present a great threat to regional security in many parts of the world. Bribery and corruption employed by these groups further serve to destabilize already weak governments. These TCOs also present a major threat to U.S. and world financial systems by exploiting legitimate commerce, and in some cases creating parallel markets (“Transnational Organized,” 2011) . Finally, one of the most significant threats posed by contemporary …

Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson

All Faculty Scholarship

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …

Perceptual Framing Of Homeland Security, Linda Kiltz, James D. Ramsay

Applied Aviation Sciences - Daytona Beach

This article analyzes the phenomenon of homeland security through the development of four conceptual lenses that were created out of the existing literatures in criminal justice, public administration, organization behavior, risk management, international relations, and the overlap between them. Using terrorism as a proxy for the homeland security enterprise, these conceptual lenses include: (1) homeland security as a criminal justice problem which views terrorism as a crime; (2) homeland security as a international relations problem which views terrorism as a war; (3) homeland security as an organization design problem which views terrorism as a network of sub-state transnational actors; and …

Perceptual Framing Of Homeland Security, Linda Kiltz, James D. Ramsay

Security Studies & International Affairs - Daytona Beach

This article analyzes the phenomenon of homeland security through the development of four conceptual lenses that were created out of the existing literatures in criminal justice, public administration, organization behavior, risk management, international relations, and the overlap between them. Using terrorism as a proxy for the homeland security enterprise, these conceptual lenses include: (1) homeland security as a criminal justice problem which views terrorism as a crime; (2) homeland security as a international relations problem which views terrorism as a war; (3) homeland security as an organization design problem which views terrorism as a network of sub-state transnational actors; and …

Effect Of Crime Type, Citizenship Status, Ethnicity, And Location Of Interrogation On Perceptions Of Enhanced Interrogation Techniques, Brianna Correira

Honors Theses

The current study asks when, if ever, is it acceptable to use "enhanced" interrogation techniques? A mostly White (90.4%), female (55%) sample of 240 participants read a vignette describing an Italian or Saudi Arabian suspect, who was a U.S. citizen or illegal immigrant, who was interrogated on either a U.S. army base or abroad for one of two crimes: child molestation or terrorism. The study failed to find the hypothesized interaction that participants would be more likely to endorse the use of harsh interrogation tactics when the suspect was Saudi Arabian, an illegal immigrant, accused of terrorism, and interrogated abroad. …

The Effectiveness Of Suicide Terrorism, Jibey Asthappan

Criminal Justice Faculty Publications

Killing more than 21,000 and injuring 50,000 between the years of 1981 and 2008, suicide bombs have proven to be an effective tactic and seem to be a growing trend. Terrorism is designed to cause panic, chaos and, optimally, publicity for a cause. Suicide terrorism is effective not only because of its lethal outcome; it also sends the message that the cause is so dire that death is a better outcome than life for the bomber. The level of commitment is astounding and largely considered rational.

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …

Law Enforcement And Intelligence Gathering In Muslim And Immigrant Communities After 9/11, David A. Harris

Articles

Since the attacks of September 11, 2001, law enforcement agencies have actively sought partnerships with Muslim communities in the U.S. Consistent with community-based policing, these partnerships are designed to persuade members of these communities to share information about possible extremist activity. These cooperative efforts have borne fruit, resulting in important anti-terrorism prosecutions. But during the past several years, law enforcement has begun to use another tactic simultaneously: the FBI and some police departments have placed informants in mosques and other religious institutions to gather intelligence. The government justifies this by asserting that it must take a pro-active stance in order …

Military Might And Political, Economic, And Social Institutions: A Global Time Series Empirical Test Of Terrorism, Jibey Asthappan

Criminal Justice Faculty Publications

"This study, in an effort to uncover root reasons for terrorism, will delve into the issue of terrorism by testing if economic, social, and political factors have an effect on terrorism. It is the intention of this study to suggest policies that address the source of terrorist motivations rather than the symptoms. Using data from RAND and the World Bank that spans 12 years⁸, the researcher uses a negative binomial time series analysis to answer several hypotheses probing the relationship of political, social, and economic institutions’ effect on terrorist incidents. Establishing that terrorism is a rational behavior is …

Understanding Terrorism Through The Use Of Gis, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adhers to the use of the quad chart template to provide a succinct description only of the current research project undertaken by the participants. It provides for the following information

1. Participants and Affiliations
2. Overall Project Goals
3. Illustrative picture
4. Specific research/artistic/pedagogig foci

24 And The Efficacy Of Torture, Matthew D. Semel

Criminal Justice Faculty Publications

In the Fox Television Network program 24 a fictional counterterrorism agent named Jack Bauer uses extreme measures, including torture, to save the United States from catastrophic terrorist attacks. Bauer uses torture even though its efficacy is in question and it is illegal. Political leaders, including President George Bush, have endorsed the use of torture and Bauer's fictional success has reinforced that the idea these methods are both necessary and effective in obtaining actionable intelligence. This paper examines existing literature on military interrogations in the context of 24 and reviews empirical and descriptive evidence about existing practices. While researchers cannot ethically …

“Bin Laden’S Brain”: The Abrasively Negativistic Personality Of Dr. Ayman Al-Zawahiri, Aubrey Immelman, Kathryn Kuhlmann

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Ayman al-Zawahiri, deputy leader of the al-Qaida terrorist network at the time of the September 11, 2001 terrorist attack on the United States and allegedly chief strategist for al-Qaida operations and personal physician to Osama bin Laden.

Al-Zawahiri’s primary personality patterns were found to be Contentious/oppositional and Dominant/controlling, with secondary features of the Dauntless/dissenting and Ambitious/self-serving patterns.

The amalgam of Contentious (negativistic, or passive-aggressive) and Dominant (aggressive, or sadistic) patterns in al-Zawahiri’s profile suggests the presence of the “abrasive negativist” syndrome. For these personalities, minor frictions easily …

The Personality Profile Of September 11 Hijack Ringleader Mohamed Atta, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of a posthumous, indirect assessment of the personality of Mohamed Atta, apparent ringleader in the September 11, 2001 terror attack on the World Trade Center and the Pentagon, from the conceptual perspective of Theodore Millon.

Information concerning Mohamed Atta was collected from media reports in the one-month period following the attack and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the …

The Personality Profile Of Al-Qaida Leader Osama Bin Laden, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Osama bin Laden, founder and leader of the al-Qaida terrorist network responsible for the September 11, 2001 terrorist attack on the United States.

Bin Laden’s primary personality patterns were found to be Ambitious/exploitative and Dauntless/dissenting, with a secondary Distrusting/suspicious orientation, and subsidiary Dominant/controlling and Conscientious/dutiful features.

Ambitious individuals are bold, competitive, and self-assured; they easily assume leadership roles, expect others to recognize their special qualities, and often act as though entitled. Dauntless individuals are bold, courageous, and tough; minimally constrained by the norms of society; routinely engage …

Chapter One: Migration And Radicalization In The Age Of Covid-19, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

How do we flatten the radicalization curve? How do we quell the millions of people disaffected by their new societies or by the changes to their old ones? In 2020, with covid-19 running rampant, trends regarding migration and radicalization took a backseat. But migration and the reactions it causes in host societies a critically important issues for our post-pandemic world. As migrants move to new lands, they are subjected to accusations of being radicals and criminals, and are blamed for extremist nationalist violence on the part of their hosts. The politics of migration have pulled some democracies into illiberalism and …