Computer Science 401 Technology and Criminal Justice

March 22/24, 2011

Division of Governmental Studies and ServicesMichael J. Gaffney, J.D., Acting Director

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Division of Governmental Studies and Services

• Applied Social Science Research• Consulting and Technical Assistance• Training• Four Primary Areas of Focus:

Public Safety• Washington State Institute for Criminal Justice

Good Governance Digital Initiatives Sustainability and Stewardship• Natural Resources Leadership Academy

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Mike Gaffney

• 15 years w/unit• JD and “ABD”• Extensive LE Training and Research• WSU “Cybercrime and Digital Forensics”• Emergency Management interests

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Question

Are you:A. A Criminal Justice MajorB. A Criminal Justice MinorC. A Political Science MajorD. Current or Former Law Enforcement

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Technology Applications in Criminal Justice

• Crime Identification & Detection• Crime Reporting & Notification• Crime Response & Investigation• Criminal Prosecution & Defense• Criminal Justice Reporting & Accountability

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Crime Identification & Detection

• Traffic “Photo-red” Cameras License plate scanners

• Surveillance Cameras• Gunshot Locators• GPS Tracking• Aircraft and Satellites• “Wire” taps• Web Volume Tracking • National Security Monitoring

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Question

Which of the following limits surveillance?A. Declaration of IndependenceB. First Amendment to the ConstitutionC. Fourth Amendment to the ConstitutionD. Seventh Amendment to the Constitution

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Crime Notification & Reporting

• Whistles• Call Boxes• Radio• Alarms• (E-)911• Reverse 911• On-Line Reporting• Social Media

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Crime Response & Investigation

• CAD• In-car Computers• Wireless Connectivity• Finger Prints• Voice Analysis• Wire Taps• Surveillance• DNA

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Investigation, Continued

• Amber Alerts• AFIS• CODIS• HITS• LInX• CopLink

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Prosecution/Defense

• Forensics (the CSI factor)• DNA• Audio/Visual Recordings

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Reporting, Planning & Accountability

• UCRs• NIBRS• GIS (Crime Mapping)• Crime Analysis• Performance Metrics (ComSTAT)

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Question

How likely do you think it is that technology will be misused within the Criminal Justice System?

A. Not Likely at AllB. Somewhat UnlikelyC. Somewhat LikelyD. Very Likely

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Criminal Law

• “Crime” can be defined as a violation of a societal standard of conduct which is injurious to the public welfare.

• “Criminal Law” is that body of legal standards (Common Law, constitutional, statutory, case) which govern the investigation, prosecution, and punishment of criminal acts.

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The US System of Criminal Law

• Favors protection of the innocent• Prefers Due Process• Balances Power of Government• Based on English Common Law• Shares founding philosophies

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Limitations on Technology

• Bill of Rights• Fourteenth Amendment• Statutory Standards• Case Law• States may vary

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Question

In which Amendment is the protection against involuntary self-incrimination found?

A. FirstB. FourthC. FifthD. TenthE. Fourteenth

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Fourth Amendment Protections

• “Unreasonable search and seizure”• Basically, must have a warrant• Limited exceptions Open Fields and Plain View Exigent Circumstances National Security Consent

• Exclusionary Rule applies

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Technology & Plain View

• Airplanes & Satellites• Infrared Spectroscopy• “Shared” Conversations• GPS Locators• RFID Tags• Cameras

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Ethics and Technology

• Intersection of Law, Justice and Philosophy with scientific advances

• Requires reassessment of (Old) existing rules

• Not uniformly applied (Yet)

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Question

Do you think advances in technology are adequately covered by the existing rules on searches and evidence?

A. YesB. No

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Conclusion

• Opportunities abound in this arena• Critical thinking about impacts is

necessary• Legal standards are still developing• Growth area for the technologically

trained who are so inclined

• Questions?

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Contact Information

Mike Gaffney911@wsu.edu

Division of Governmental Studies and ServicesWashington State UniversityPO Box 644870Pullman, WA 99164-4870509 335-3329