ATF and FBI Duties in Homeland Security - Research Paper Example

ATF and FBI Table of Contents Table of Contents 2 3 Introduction and Background of the Problem 4 Delimitations of the study 5 Issues to be examined and a brief explanation of the problem 5 ATF primary duties 6 FBI primary duties 8 ATF and FBI duties in homeland security and fighting terrorism 10 Relation of the topic to criminal justice 13 Relation of the topic to SLU core value of excellence 14 Practical implication of the research 15 Conclusion 17 Annotated Bibliography 17 References 20 Abstract The paper highlights the roles of FBI and ATF as agencies of criminal justices system. It finds that, the two agencies do not have distinct role and it is very difficult to define their boundaries in terms of jurisdiction. Their roles overlaps one another making them clash and compete among themselves. Competition for lead investigation between the two agencies delays justice hence compromising fair justice. Hence, the paper finds that it is not clear to differentiate the roles of the two though they are independent agencies. Keywords: Federal Bureau of Investigation (FBI), Criminal Justice System, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Introduction and Background of the Problem United States of America (US) is one of the nations in the world leading in security operations. US spend a lot of money in ensuring that peace prevails in the world since it is a super power nation. Hence, it does all it can within it means in ensuring that no nation, group or equipments endangers the life of others. US have witnessed success stories in its quest to maintain peace and stability. In many occasions, US have supported other nations, which are at war with neighboring countries. Similarly, US fund many governments incapable of ensuring security to its citizens. Further, US have played an important role as a mediator to many nations worldwide. All these indicate US commitments to maintaining peace throughout the globe. Besides US foreign missions, the nation has established domestic structures and agencies in support of co-existence living such as criminal justice system. US criminal justice systems are a set of agencies, which prevents criminal behaviors, and imposes fines on individuals who go against the laws. Criminal justice system is US comprises of many players with each having a role to play. Some of the components of the criminal justice system include law enforcement agents, prosecution, courts, defense attorney, and corrections. These agencies work together to ensure fair justice and maximum security to all citizens. Although all these agencies are responsible for criminal justice system, others have distinct responsibilities in averting a crime. Law enforcement agencies have the primary role of initiating the process through gathering and protecting evidences, investigating and taking criminal reports that happens. Over the past years, US, under Obama administration has made commitments to use instruments within its disposal to fight crimes. Criminal justice systems have proved its credibility in gathering evidences over the past years. It is evidenced by the aborted criminal and terrorism cases experienced in the recent past. Delimitations of the study Criminal justice system entails a wider scope that sometimes makes it difficult to cover. Therefore, most research work covers a portion or a section in trying to understand things that influences the operation of criminal justice systems in US. Hence, this paper will discuss a section of criminal justice and shed light on some of the actions associated with it. First, this paper will discuss law enforcement agencies as part of criminal justice system. Moreover, it limits scope to two agencies namely, FBI and ATF. These two agencies are playing essential part in the criminal justice system hence attracting more attention to studying their roles. Secondly, the research will be restricted to literatures from the library. The data from this study will be from literature materials. It will use compiled and reviewed literature in explaining the problem statement or issue of discussion. Thirdly, reliability and validity of the information in the paper can be subjected to materials used. Hence, any disparity that may be realized can only be verified through review of the literature materials used. Issues to be examined and a brief explanation of the problem There have been misunderstandings on the operations of criminal justice system in US. Many people do not have knowledge on roles of agencies involved. In many cases, the public have experienced challenges reporting criminal events since they do not understand the system. Similarly, the public lacks awareness on the procedures to follow when reporting a case. Over the recent years, most nations have been reporting terror threats from militia groups. Many people do not know the agency in charge of detecting or taking actions towards its prevention. As much as many people understand that a criminal justice exists, they do not know how its agencies relate with one another. More so, law enforcement agencies are very many which poses a challenge to the public regarding their responsibilities. Particularly, most people do not know the relationship and differences between ATF and FBI. Hence, the purpose of the research is to highlight on their jurisdiction. Issues to be examined are outlined below: The primary duties of FBI and ATF in the criminal justice system ATF and FBI duties in homeland security and fighting terrorism in connection to criminal justice system Discuss the relation of the study of FBI and ATF criminal justice It will establish the relation of the topic to SLU core value of excellence. Organization and institutions of higher learning have a responsibility of instilling core values to students that can help implement the values. Highlight the practical implication of the study. It will examine if this study can help the public in understanding the working boundary of the two agencies. ATF primary duties Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is part of US law enforcement agencies within the criminal justice system. It plays several functions in the criminal justice system in ensuring peace prevails. Over the past years, ATF has made tremendous achievements in dealing with criminal behaviors through arresting and bringing the culprits to book. Therefore, their role is very vital as law enforcement agents. One of the primary functions of ATF is enforcing federal laws that relates to alcohol, tobacco, firearms, explosives and arson in conjunction with other agents (The United States Department of Justice, 2014). The illegal use of firearms has become a problem to not only in US, but other nations, which had illegalized its possession. Hence, ATF has the responsibility of enforcing laws related to the use of firearms in collaboration with other states that has restricted its possession. Moreover, the agency is in charge of enforcing laws that relates to explosives, tobacco, and alcohol. Possession of these substances is very risky to the public hence ATF has the duty of enforcing laws related to them. Secondly, ATF has the duty of seizing and forfeiting substances and equipments that violate the law (The United States Department of Justice, 2014). This gives the agency an oversight authority of checking how individuals use firearms and other substances in a way that does not threaten the co-existence of others within the society. Hence, they have a duty of ensuring that firearms, alcohol, and tobacco are used within the specified parameters. Similarly, they oversee and have the authority of taking actions in cases currencies are being used in a way that violates the law. In this case, they have the power of seizing individual property or cash in case it violates the law. Thirdly, ATF investigates and prevents the illegal use, and manufacture of explosives (The United States Department of Justice, 2014). There are distinct companies, which manufacture firearms, and explosives and licensed to carry out such activities. Hence, ATF prevents other companies not licensed in the production of firearms and other explosives. Fourthly, ATF functions in investigating and preventing arsons and bombings within US (The United States Department of Justice, 2014). It deals in preventing and investigating acts of terrorism associated with bombings, as well as arsons against the public. Therefore, it works with other agencies in detecting terror activities. Similarly, ATF has a duty of investigating and preventing illegal trafficking of tobacco and alcohol products within US (The United States Department of Justice, 2014). There are laws in US that restrict the movements of alcohol and tobacco products hence delegating the supervisory role to ATF. Further, ATF licenses and authorizes the transportation of weapons through an interstate commerce (Larson, 2013). This means that it regulates the selling of firearm among states. Through this role, it can determine the much a state can get in terms of business transaction involving firearms. FBI primary duties Federal Bureau of Investigations (FBI) is an agency of law enforcement that focuses on intelligence gathering of information and forms criminal justice system of US. Moreover, the agency has authorities of investigating crime and gives other law enforcement agencies reports on the same. The agency is also in charge of gathering, sharing and analyzing intelligence information in supporting investigation (Vizzard, 2008). It works in collaboration with other law enforcement agencies. FBI conducts independent investigations and those submitted by partner agencies for combating and understanding security threats US faces. A detailed function of FBI is discussed below. FBI has a mission of protecting and defending US against terrorism and threats from foreign intelligence. It also has a mission of upholding and enforcing criminal laws in US and providing leadership and criminal justice services to both local and international partners and agencies (The United States Department of Justice, 2014). From the agencies mission statement, it is evidenced that it plays a central role in the criminal justice system by shielding the nation against unlawful attacks. The first role of FBI is to investigate domestic and international terrorism (The United States Department of Justice, 2014). Terrorism has been a major threat to law enforcement agencies in US. Over the past years, FBI has been playing a fundamental role of investigating and preventing terrorism cases before they happen (Vizzard, 2008). The agency has powers and authorities of cautioning the nation against terrorism from within or outside the borders. Secondly, FBI has a duty of foreign counterintelligence (The United States Department of Justice, 2014). It works with international partners and agencies to compare intelligence information. Its major role is collecting intelligence information relating to crimes (Vizzard, 2008). Hence, it requires internal and foreign partners in collecting and disseminating information for criminal justice system. Cyber crime has been an international issue posing threat to security. It has become impossible for one nation to manage it because of the anonymity of the offenders. FBI has a role of dealing with crimes related to cyber (The United States Department of Justice, 2014). It works with foreign agencies to identify those who commit cyber crimes and takes action against them through recommendation or arrest in case they are within reach (Vizzard, 2008). FBI has duties to play in relation to investigating public corruption (The United States Department of Justice, 2014). Corruption is a crime under US legislation and FBI plays the duty of investigating and arresting those who indulge in corruption. This is a responsibility geared at bringing sanity in the public sector and stopping corruption. Moreover, FBI plays an important role in Civil rights violation and violent crimes (The United States Department of Justice, 2014). It investigates and arrest individuals who commit civil crimes. Similarly, they investigate federal crimes and arrest parties as they commence prosecution process (Vizzard, 2008). Moreover, they conduct domestic surveillance for national security interests. Further, FBI plays vital roles in identifying organized and drugs crimes in US (The United States Department of Justice, 2014). This is achieved through the powers vested on them by the US Patriotic act that gave them supervisory authorities without or with warrants (Witkin & Gest, 2003). Similarly, it prevents the usage of drugs by arresting drug peddlers and organized street gangs. This aims at reducing and averting criminal behaviors that destructs peace. Hence, FBI plays an important role to the criminal justice system. White-collar crime has been on the increase following the advancements in technology. Many employees are stealing from their employers each day with some being noticed and others escaping. Hence, FBI has been playing their assigned duties of arresting and working of ways of preventing the occurrence of white-collar crimes (The United States Department of Justice, 2014). ATF and FBI duties in homeland security and fighting terrorism ATF and FBI have the special duty of preventing the nation against internal and external attack. They work in hand to bring safety to people by preventing and deterring crimes from happening (Ritchey, 2013). Therefore, they play essential roles in enforcing the law as an element of criminal justice system. Although the two agencies are independent, they are related in some ways regarding their function. Similarly, the two agencies have distinct roles that sometimes overlap at each other (Ritchey, 2013). In many occasions, the two agencies have collided in regards to certain operations within the nation. They have a long-standing battle on who is in charge of investigating bombings in US. The role conflict emanating from the two agencies is very dangerous to the nation because it delays law enforcement and duplicates efforts in achieving justice (Ritchey, 2013). In order to overcome some of these challenges, it is important for the two agencies to share intelligence gathering so that key information is not lost. Similarly, the jurisdiction of the two agencies is not clear, or they are misinterpreted to suit the interest of certain agency making them clash. The two agencies have distinctive cultures making them suspicious of one another. Treasury Department transferred ATF to the home of FBI after the September 11, 2001 bombing attack (Ritchey, 2013). It aimed at reducing the tension that has persisted over the years regarding the boundary on bombings investigations. Similarly, this move meant to help coordinate the fight against terrorism but it is yet to be achieved. Instead, this move created more competition between the two agencies by expanding the role of ATF in domestic terrorism cases. ATF also added “explosives” to their name hence expanding their scope and jurisdiction (Ritchey, 2013). This is an indication that the two agencies are crazing for jurisdiction to overpower the other in terms of roles. The merging of the two agencies under the department of justice for coordinating fight against terrorism was not welcomed by the agencies as they look for independent and control over another. Because of this, the nation has been losing money and wasting other resources as the agencies duplicates roles meant for one. ATF had long-established structures for dealing with bombings and other terrorism acts; they trained bomb-sniffing dogs among other practices in efforts to curb terrorism (OUZIEL, 2014). However, FBI also started another competing program related to bomb detection. In other incidences, the two agencies have clashed at crime scenes and threaten one another with arrest as they battle for key evidence: an indication that there is a lack of cooperation. Although ATF has the jurisdiction of controlling explosives, tobacco and arson investigation, it has not yielded much in its operations more so in government offices (Mulrine et al., 2003). However, ATF agents believe they are playing their roles only that they experience the sabotage from other agencies who are their partners. For instances, most ATF staffs complain that most of the activities they do are copied by other agencies making it hard to harmonize their operations (Ekstrand, 2005). In another instance, FBI commander threw ATF, who went on the criminal investigation following September 11, 2001 attack (Larence, 2009). The two agencies also fought among themselves on who should be taking the lead on the investigation (Ekstrand, 2005). This is an indication that the two agencies are not working together in combating terrorism as well as maintaining homeland security. It is not clear who is in charge of what, when, how among others. Similarly, the two agencies have collided in terms of their jurisdiction but at the same time recorded positive coordination in some aspects. For instance, the two agencies have coordinated their mandates in responding to bombings in Iraq. Similarly, they cooperated in the recovery efforts after Hurricane Katrina. Moreover, they cooperated during the Virginia Tech massacre and achieved success after the whole operation (Jerry, n.d). Therefore, the whole problems are due to lack of coordination between the two agencies. There are a lot they can achieve in the fight against terrorism and domestic crimes as well as in ensuring homeland security if they harmonize their operations to be inclusive other than fighting for supremacy. Lastly, ATF has a long history from the time it was part of Treasury Department until it became an independent agency in 1972 (D.C. Criminal Justice System: Better Coordination Needed Among Participating Agencies: GAO-01-187, 2001). Its role became evident from the activities it carried out in treasury that were collecting taxes from tobacco and liquor products. Its gradual re-branding has enabled it acquire more jurisdictions than before. Some of them include explosives, firearms among other crimes. Since then, the agency has acquired over 2500 personnel whose roles are to help in investigations and prevention (Larence, 2009). On the other hand, FBI has over 12000 personnel and proud of its history of fighting crime since 1930 (Jerry, n.d). In a memo presented to US Congress when debating Homeland Security Act of 2002, it asserted that ATF do not have special training, and they lack strategic vision of their roles (Ekstrand, 2005). This memo was a symbol that one agency underrated the other hence could not work in harmony. The passing of the law placed the two agencies into department of justice with little explanation of their jurisdictions and the boundaries. Hence, the two agencies have overlapping duties in the criminal justice system, and it is very difficult to tell who takes action in case of terrorism attack. However, they also take charge of homeland security. Relation of the topic to criminal justice Criminal justice is a wide topic and entails many aspects related to law. Similarly, it has many agencies that work with one another in ensuring justice is accorded to all parties. Therefore, the topic has connection with criminal justice system since it discusses its components and it operations. Some of the relations of the topic to the criminal justice are discussed below. First, the topic is related to criminal justice because it discusses the two agencies, ATF and FBI that are part of criminal justice system. They fall under law enforcement agency that is a vital organ of criminal justice system (Larence, 2009). Hence, their discussion relates to criminal justice system. Secondly, the topic is related to criminal justice because it talks about its stages when seeking justice. The topic discusses procedures law enforcement agents take when bringing criminals to book or taking action against them. Similarly, it discusses the investigation and prevention mechanism which criminal justice system uses in its operations. Through this, the topic elaborates on fair criminal justice system and brings it on the limelight. Thirdly, the topic discusses the interrelationship among agencies involved in the criminal justice system. For instance, it elaborates working relationship between ATF and FBI in investigating, preventing, and arresting individuals who go against the law (Larence, 2009). It also discusses the important role of agents and their dependency on one another. Every agency has a role to play in the criminal justice system, and the topic has discussed their connection making it very important in connecting the two. Relation of the topic to SLU core value of excellence SLU core of excellence agitates for discipline and honesty. Honest and discipline individuals are free from committing criminal offenses that add value to their life. Moreover, obedient students are committed to what they do make them excel both in academic and social life. Similarly, the topic deals with criminal justice system, which has many organs including correction. Because of this, it relates to SLU core values of excellence that agitates for behavioral change. Correctional facilities of criminal justice system pardons and reforms individual and makes them begin a new journey. Hence, the topic of criminal justice is related to SLU core values because it gives the individual more chances of giving their best even though they had faulted. Further, criminal justice system relates to SLU core values of excellence because it nurtures individuals to becoming good people in the society and keeps them away from committing offenses that might hand them to prosecutors. They both mould individuals towards achieving their life goals and being people of integrity. Through this, individuals grow knowing their expectations in the society, as well as their individuals goals. Lastly, the topic relates to SLU core value because it provides individuals with key competencies and skills they need to go about their daily lives. Criminal justice teaches individuals on how they can be good people in the society and equips them with skill of coping with societal pressure. The correctional facilities as part of criminal justice system equips freed offenders with skills and competencies for surviving in the society. SLU core values aim at the equipping student with the necessary knowledge of going about their daily lives. Hence, topic on criminal justice relates to SLU core values because they both equip individuals with survival tactics and ways to overcome societal pressures. Practical implication of the research The purpose of any study is to bridge the existing gap of knowledge from the previous study. Hence, this research will play an important role in ensuring it adds value to the existing literatures concerning criminal justice system in US. Particularly, it will offer broader discussion of the primary of the agencies involved in criminal justice system. First, this study will be important in informing the readers and make them acquainted with the elements of criminal justice system. Many people do not know the relationship among the element hence will find a learning opportunity. Similarly, it will inform readers about the existing relationship among the agencies in criminal justice system. For instance, it will inform readers about the relationship between courts and enforcement agencies as well as the relationship between corrections and enforcement agencies. Secondly, this research will have practical implications on the public understanding on the operation of ATF and FBI in relation to other governments (Larence, 2009). For instance, many people are not aware on the operations of these two agencies as well as their jurisdictions. Hence, this research paper will be vital in shedding light on their capabilities and areas of interest. Although there is no clear jurisdiction between the two agencies, the paper will be important to policy makers to realize the growing tension between the two agencies that hinders the operation of the criminal justice system. Moreover, it will be important for readers and scholars in realizing the connection between these agencies to federal and states. Federal governments and states also have their criminal justice system, which this paper links to the two agencies. This paper also has implications on understanding how criminal justice system works to bring order in the society. Not many people know the process involved in ensuring order in the country making this paper very important. Over the years, US have been facing terrorism threats from militia groups, and there has been blaming game on who is responsible. Hence, this paper offers a thorough analysis of agencies involved in preventing and investigating terror cases that causes a threat to the nation. Because of this, the paper is essential in understanding how the agencies involved maintain homeland security by arresting and averting criminal behaviors. Additionally, this research has exposed the internal war between ATF and FBI (Larence, 2009). The paper has discussed how the superiority battle between the two agencies delays administration of justice as well as its implications in the fight against terror. For instance, the paper had discussed various instances when the two agencies have fought over intelligence evidence and threatened one another. The issues raised in this paper are very important to restructuring law enforcement as a department criminal justice system. Therefore, exposing the internal wrangles of law enforcement agencies is crucial to the federal and state government in coming up with legislation that separates the two bodies. Lastly, this paper is vital in understanding the jurisdiction and weakness of ATF and FBI (Larence, 2009). Over the past years, the two agencies have been working together and in war against terror and civil terror. The good results have been realized from the two agencies like during September 11, 2001 attack among others. Although they have achieved much progress, they have also exposed their weakness in fighting terror and other related crimes. Hence, this paper is essential in identifying the loopholes within law enforcement agency in criminal justice. It offers challenges policy makers to come up with ways that define the jurisdiction of every agency in meeting the goals of criminal justice. Conclusion Criminal justice system in US has many organs that work together in ensuring peace prevails in the whole nation. Similarly, the organs assist one another in times of need and offers reinforcement when needed. However, there are some challenges experienced in terms of roles and jurisdictions. This has lowered the operations of criminal justice system. More so, law enforcement part of criminal justice system has duplicated roles among its agencies hence created conflict. There is no distinction between the role of FBI and ATF making them overlap the duties of one another. In turn, there has been delayed administering of justice as both agencies fight one another for supremacy. Although there have been different amendments and acts which established the agencies in the criminal justice system, their jurisdiction is a challenge. In many occasions, the two agencies have clashed as they scramble for lead investigations Moreover, they have been pointing at accusing figure at each other as FBI believes it is superior to ATF. The conflicting and overlapping roles of the two agencies have initiated the call for the dissolution of ATF since some believes it is made of unprofessional. However, FBI and ATF have in many occasions worked together in collecting intelligence information and sharing to speed up the process of justice. In other occasions, they have recorded a joint success in war against terrorism and criminal violence. There is a need to work on policies, which indicates jurisdiction of every agency to avoid a clash. As things stand now, it not easy to know the role of every agency though they are independent. Annotated Bibliography Jerry, M. (n.d). FBI, ATF Battle for Control of Cases. Washington Post, The This article highlights some of the wrangles between FBI and ATF. It also pinpoints some cases when the two agencies have fought when collecting intelligence information. Further, the article outlines that FBI has assumed the lead role in investigation criminal and terrorism issues hence subordinating ATF. Ritchey, D. (2013). The Power of Partnerships. (cover story). Security: Solutions for Enterprise Security Leaders, 50(8), 16-22. The article discusses some challenges experienced because of role conflict and overlap among law enforcement agencies. It also recommends strategies that security personnel can use to maximize their efforts. One of the major recommendations is partnership among security organs. The United States Department of Justice. Agencies. Retrieved from http://www.justice.gov/agencies#891 This site brings all agencies responsible for security in US. It also mentions all the agencies and describes their roles in criminal justice. D.C. Criminal Justice System: Better Coordination Needed Among Participating Agencies: GAO-01-187. (2001). GAO Reports, 1. The report highlights on the weaknesses of agencies involved in law enforcement. It points at problems experienced in criminal justice system because of uncoordinated operations. The report recommends better coordination to achieve fair justice. Ouziel, L. M. (2014). Legitimacy and Federal Criminal Enforcement Power. Yale Law Journal, 123(7), 2236-2332. The article outlines different roles of different agencies in charge of enforcing law. It also highlights the jurisdictions of different federal enforcement agents in the criminal justice system. Larson, E. (2013). ATF under siege. (Cover story). Time, 146(4), 20. This article highlights problems facing ATF and its clash with FBI in attempts to carry out investigations. It also highlights the history of ATF and its current set up. Mulrine, A., Kaplan, D. E., Auster, B. B., Mazzetti, M., & Omestad, T. (2003). An explosive New Idea at Justice. U.S. News & World Report, 135(8), 6. This article highlights on the overlapping roles between FBI and ATF in the criminal justice system. The article claims that the independency given to ATF made it clash with FBI in investigating terrorism, bombings, and other explosives. Vizzard, W. J. (2008). The FBI, A Hundred-Year Retrospective. Public Administration Review, 68(6), 1079-1086. The article outlines some of the achievements of FBI in the fight against terrorism and overseeing homeland security. It also highlights the roles of FBI criminal justice system and challenges experienced in the course of duty including overlapping jurisdictions. Witkin, G., & Gest, T. (2003). G-men of the nineties. U.S. News & World Report, 114(17), 36. The report highlights the US criminal justice system and its structures. It highlights its history and relationship among its organs. Larence, E. R. (2009). Better Coordination and Performance Measurement Would Help Clarify Roles of Federal Agencies and Strengthen Assessment of Efforts. GAO Reports, 1-83. The report outlines the conflicting and overlapping roles between ATF and FBI. It also highlights the weaknesses experienced in criminal justice system emanating from law enforcement agencies. It recommends partnership among agencies and defining roles. References D.C. Criminal Justice System: Better Coordination Needed Among Participating Agencies: GAO-01-187. (2001). GAO Reports, 1. Ekstrand, L. E. (2005). ATF: Thefts of Explosives from State and Local Government Storage Facilities Are Few but May Be Underreported: GAO-06-9. GAO Reports, 1. Jerry, M. (n.d). FBI, ATF Battle for Control of Cases. Washington Post, The Larence, E. R. (2009). Better Coordination and Performance Measurement Would Help Clarify Roles of Federal Agencies and Strengthen Assessment of Efforts. GAO Reports, 1-83. Larson, E. (2013). ATF under siege. (Cover story). Time, 146(4), 20. Mulrine, A., Kaplan, D. E., Auster, B. B., Mazzetti, M., & Omestad, T. (2003). An Explosive New Idea at Justice. U.S. News & World Report, 135(8), 6. OUZIEL, L. M. (2014). Legitimacy and Federal Criminal Enforcement Power. Yale Law Journal, 123(7), 2236-2332. Ritchey, D. (2013). The Power of Partnerships. (cover story). Security: Solutions for Enterprise Security Leaders, 50(8), 16-22. The United States Department of Justice. Agencies. Retrieved from http://www.justice.gov/agencies#891 Vizzard, W. J. (2008). The FBI, A Hundred-Year Retrospective. Public Administration Review, 68(6), 1079-1086. Witkin, G., & Gest, T. (2003). G-men of the nineties. U.S. News & World Report, 114(17), 36. Read More