Suggestions to Improve Investigation & Prosecution of Terrorism in the U.S

Unfortunately, we have not even been that successful in the United States with investigating and prosecuting terrorists. U.S. Justice Department data collected in 2006 revealed how much trouble the FBI is having with successfully investigating terrorism cases. During an eight-month period, the following occurred:

"Justice attorneys declined to prosecute more than nine out of every 10 terrorism cases sent to them by the FBI, Immigration and Customs Enforcement and other federal agencies. Nearly 4 in 10 of the rejected cases were scrapped because prosecutors found weak or insufficient evidence, no evidence of criminal intent or no evident federal crime" (Associated Press, 2006, para. 3, bullet 1).

Unmistakably, something must be done to explain why so many cases do not even reach prosecution and why law enforcement officials are having so much trouble finding sufficient evidence to support their cases. In my opinion, it is very possible that confusion over the exact nature of terrorism and who should be involved when dealing with terrorism has caused such poor rates of investigation and prosecution of terrorist cases.

State & Local Authorities

First, I feel that law enforcement officials of all levels need to work much closer together. Local and state authorities are often overlooked in our fight against terrorism. In reality, well-trained local and state officers can be an invaluable preventative measure. Terrorists often violate any number of local and state laws in their planning and preparations for a terrorist attack. During routine rounds a local or state officer could inadvertently arrest a terrorist for any number of minor infractions (i.e., traffic violations, thefts, or breaking and entering). And if these officers have ready access to federal intelligence and data involving terrorists and terrorist organizations, they might identify their suspect as a terrorist or supporter of a terrorist group (Association of the New York City Bar, 2006; Kelling & Bratton, 2006).

Comprehensive Terrorism Training

Furthermore, I believe that it is imperative that all law enforcement officials-federal, state, and local authorities-receive comprehensive training concerning all relevant information about terrorists and terrorism, such as known groups, their motivations, their tactics, and their planning and preparation process. Also, these officials should be reminded of how important it is to get the community involved in preventing terrorist attacks, as well. If every American, whether private citizen or civil servant, becomes aware of the warning signs of terrorism and who to contact when terrorist activity is suspected, we will have a much easier time finding terrorists before they ever have a chance to finish their missions (Bullock et al, 2006, p. 288-293; Secure Community Network, 2005).

Terrorism Legislation

Lastly, all law enforcement officials at every level should be aware of the federal, state, and local legislation that has been enacted to help investigators adequately look into possible cases of terrorism. Legislation such as the Patriot Act has greatly expanded investigators' resources (i.e., wiretaps, warrants, and interception of online communications) to help build a solid case against individuals suspected of terrorism. However, they must also be informed about how terrorism differs from one jurisdiction to another, so they know when they can legally act against a suspect (Bullock et al, 2006, p. 71-72; Howard & Sawyer, 2006, p. 19-20, 27).

References:

Associated Press. (2006). Study: Terror prosecutions at pre-Sept. 11 levels. Retrieved March 10, 2008, from http://www.msnbc.msn.com/id/14656812/

Association of the New York City Bar. (2006, June). The prevention and prosecution of terrorist acts: A survey of multilateral instruments. Retrieved March 10, 2008, from http://www.nycbar.org/pdf/report/mult_insts_july_06.pdf

Bullock, J. A., Haddow, G.D., Coppola, D., Ergin, E., Westerman, L, & Yeletaysi, S. (2006). Introduction to homeland security (2nd ed.). Amsterdam: Elsevier.

Howard, R. D., & Sawyer, R. L. (2006). Terrorism and counterterrorism: Understanding the new security environment (2nd ed.). Dubuque, IA: McGraw Hill.

Kelling, G. L., & Bratton, W. J. (2006, September). Policing terrorism. Civic Bulletin No. 43. Retrieved March 10, 2008, from Manhattan Institute for Policy Research Web site: http://www.manhattan-institute.org/html/cb_43.htm

Secure Community Network. (2005). Seven signs of terrorist activity. Retrieved March 10, 2008, from http://www.scnus.org/page.html?ArticleID=101218