The Intelligence The Intelligence

Function Function

Issues in Crime and JusticeIssues in Crime and Justice

CJ 4610 CJ 4610 –– PA 5315PA 5315

Professor James J. DrylieProfessor James J. Drylie

Week 4Week 4

Understanding Intelligence Understanding Intelligence

�� In the purest sense, intelligence is In the purest sense, intelligence is the product of an analytic process.the product of an analytic process.

�� Intelligence evaluates information Intelligence evaluates information that is collected from diverse sourcesthat is collected from diverse sources

�� Integrates the relevant information Integrates the relevant information into a cohesive packageinto a cohesive package

�� Produces a conclusion or estimate Produces a conclusion or estimate about a criminal phenomenon by about a criminal phenomenon by using scientific approach to problem using scientific approach to problem solving.solving.

Carter, D. (2004). Law Enforcement Intelligence. Page 7

�� Intelligence becomes a synergistic Intelligence becomes a synergistic

product intended to provide product intended to provide

meaningful and trustworthy direction meaningful and trustworthy direction

to decision makers about to decision makers about

•• Criminal activityCriminal activity

•• ExtremistsExtremists

•• Terrorists Terrorists

•• Risk Risk

The Purpose of IntelligenceThe Purpose of Intelligence

�� PreventionPrevention

•• Gaining or developing information Gaining or developing information

related to threats, crime, and risk torelated to threats, crime, and risk to

�� Arrest offendersArrest offenders

�� Harden targetsHarden targets

•• Similarly assess vulnerabilitySimilarly assess vulnerability

�� Mitigate threatMitigate threat

�� Planning & Resource AllocationPlanning & Resource Allocation

•• Intelligence provides information to Intelligence provides information to

decision makers aboutdecision makers about

�� The changing nature of threats The changing nature of threats

�� Characteristics and methodologies of threatsCharacteristics and methodologies of threats

�� Emerging threatsEmerging threats

•• This information assists decision makers This information assists decision makers

in in

�� Developing response strategiesDeveloping response strategies

�� Reallocating resourcesReallocating resources

•• This process is know as strategic This process is know as strategic

intelligenceintelligence

Information Information

�� Information precedes intelligenceInformation precedes intelligence

•• Information is defined as pieces of raw, Information is defined as pieces of raw,

unanalyzed data that unanalyzed data that identifesidentifes

�� PersonsPersons

�� EvidenceEvidence

�� EventsEvents

�� ProcessesProcesses

•• Criminal event or activityCriminal event or activity

•• WitnessesWitnesses

�� Information is the currency that produces Information is the currency that produces

intelligence intelligence

What does all of this mean?

What does it tell you?

Surveillance

Travel Records

Wiretaps

Informantinfo

Bank Records

DocumentRecords

CCTV

DumpsterDiving

Comparing INFO & INTELComparing INFO & INTEL

�� Criminal historyCriminal history

�� Driving recordsDriving records

�� Offense reportsOffense reports

�� Witness, Witness, informant, suspect informant, suspect statementsstatements

�� License infoLicense info

�� Financial, business Financial, business recordsrecords

�� Travel itineraryTravel itinerary

�� Analytical report Analytical report drawing drawing conclusions conclusions

�� Analysis of crime, Analysis of crime, terrorist trendsterrorist trends

�� Forecast of Forecast of potential potential victimizationvictimization

�� Estimating income Estimating income from a criminal from a criminal enterpriseenterprise

How is Intelligence Defined?How is Intelligence Defined?

�� How intelligence is defined helps to How intelligence is defined helps to

understand how research and understand how research and

commentary on the subject developscommentary on the subject develops

�� Kent characterizes intelligence in Kent characterizes intelligence in

three separate and distinct ways:three separate and distinct ways:

•• KnowledgeKnowledge

•• The organization that produces the The organization that produces the intelintel

•• The activities of that organization The activities of that organization

Defining IntelligenceDefining Intelligence

�� The combination of credible information The combination of credible information

with quality analysiswith quality analysis--information that has information that has

been evaluated and from which been evaluated and from which

conclusions can be drawn (COPS)conclusions can be drawn (COPS)

�� Collection and analysis of information to Collection and analysis of information to

produce an end product designed to produce an end product designed to

inform decision makers at both the tactical inform decision makers at both the tactical

an strategic levels (Office of Justice an strategic levels (Office of Justice

Programs)Programs)

�� Deriving meaning from Deriving meaning from fatcsfatcs. Taking . Taking

information collected in the course of information collected in the course of

an investigation, from an investigation, from exetrnalexetrnal or or

internal files, and arriving at internal files, and arriving at

something more than what was something more than what was

evident before (IALEIA)evident before (IALEIA)

�� The product of adding value to The product of adding value to

information and data through information and data through

analysis (DHS)analysis (DHS)

Common ThreadCommon Thread

�� Analysis must be performed on Analysis must be performed on

information before it is classified a information before it is classified a

intelligence. intelligence.

National Security IntelligenceNational Security Intelligence

�� The collection and analysis of The collection and analysis of

information concerned with the information concerned with the

relationship and homeostasis of the relationship and homeostasis of the

United States with foreign powers, United States with foreign powers,

organizations, and persons with organizations, and persons with

regard to political and economic regard to political and economic

factors and the maintenance of the factors and the maintenance of the

US sovereign principles. US sovereign principles.

�� NSI embodies both policy and NSI embodies both policy and

military intelligencemilitary intelligence

•• Policy intelligence is concerned with Policy intelligence is concerned with

threatening actions and activities hostile threatening actions and activities hostile

to the USto the US

•• Military intelligence focuses on hostile Military intelligence focuses on hostile

entities, weapons, warfare capabilities, entities, weapons, warfare capabilities,

and order of battleand order of battle

�� SLTLE agencies have no SLTLE agencies have no directdirect

jurisdiction as it relates to NSIjurisdiction as it relates to NSI

•• STLTE agencies may encounter NSI in STLTE agencies may encounter NSI in

collecting information to support NSIcollecting information to support NSI

LE and NSILE and NSI

�� Joint Terrorism Task Force Joint Terrorism Task Force -- JTTFJTTF

�� Organized Crime Drug Enforcement Organized Crime Drug Enforcement

Task Force Task Force –– OCDETFOCDETF

•• Personnel assigned typically have Personnel assigned typically have

security classificationssecurity classifications

�� Top SecretTop Secret

�� Secret Secret

The Slippery Slope The Slippery Slope

�� Intelligence does not necessarily Intelligence does not necessarily equate to evidenceequate to evidence

�� The Fruits of the Poisonous Tree The Fruits of the Poisonous Tree DoctrineDoctrine –– evidence collected that is evidence collected that is subject to the Exclusionary Rule subject to the Exclusionary Rule cannot be used in US courtscannot be used in US courts

�� SLTLE agencies/personnel are SLTLE agencies/personnel are subject to civil liability subject to civil liability

•• 42 USC 1983 42 USC 1983 –– Civil Action for the Civil Action for the Deprivation of Civil Rights Deprivation of Civil Rights

The Study of Intelligence The Study of Intelligence

�� Intelligence and security issues are Intelligence and security issues are

very prominent in Western political very prominent in Western political

discourse and in the wider public discourse and in the wider public

consciousness.consciousness.

�� Public expectations of intelligence Public expectations of intelligence

has never been greaterhas never been greater

�� Demands for disclosure of Demands for disclosure of

information has maintained this paceinformation has maintained this pace

MultiMulti--disciplinary disciplinary

�� In the past the role intelligence as been In the past the role intelligence as been the terrain of political scientiststhe terrain of political scientists

�� Today, historians are taking a much more Today, historians are taking a much more active roleactive role

�� A byA by--product has been a better product has been a better understanding of the role of intelligence in understanding of the role of intelligence in policy makingpolicy making

�� Academic interests in intelligence are sure Academic interests in intelligence are sure to continue considering the current state to continue considering the current state of world affairsof world affairs

Intelligence: Theory & Practice Intelligence: Theory & Practice

�� The theory of the intelligence The theory of the intelligence

function follows the principle that function follows the principle that

information that is produced by information that is produced by

intelligence analysis is objective and intelligence analysis is objective and

decisions based on the intelligence decisions based on the intelligence

are grounded in objectivityare grounded in objectivity

•• What happens when the theory is What happens when the theory is

subverted and the intelligence bysubverted and the intelligence by--

product is interpreted subjectively? product is interpreted subjectively?

Academic InterestsAcademic Interests

�� The rapid growth of the intelligence The rapid growth of the intelligence

function has seen an equally rapid function has seen an equally rapid

growth in academic inquiry.growth in academic inquiry.

�� This has been accelerated byThis has been accelerated by

•• The end of the Cold WarThe end of the Cold War

•• Changing attitudes about official secrecyChanging attitudes about official secrecy

•• And the work of intelligence servicesAnd the work of intelligence services

•• 9/119/11

•• The war in IraqThe war in Iraq

•• Newly released documents Newly released documents

The Study of Intelligence: How & The Study of Intelligence: How &

Why?Why?

�� Begin with a definitionBegin with a definition

•• SLTLESLTLE

•• NSINSI

�� Another way to define intelligence is Another way to define intelligence is

that it isthat it is

•• KnowledgeKnowledge

•• What type of organization produces itWhat type of organization produces it

•• What activities are pursued by the What activities are pursued by the

organization producing the intelligenceorganization producing the intelligence

�� Intelligence may be viewed as a tool Intelligence may be viewed as a tool

of foreign and defense policy.of foreign and defense policy.

�� Others see it as having a role in Others see it as having a role in

domestic security.domestic security.

�� Still others see it as a mechanism of Still others see it as a mechanism of

state oppression.state oppression.

Intelligence as PowerIntelligence as Power

�� Intelligence is not a form of powerIntelligence is not a form of power

�� It is a means to guide its useIt is a means to guide its use

•• Force multiplierForce multiplier

•• Understanding the environmentUnderstanding the environment

•• How to apply force or leverageHow to apply force or leverage

•• Against whom Against whom

Intelligence becomes the judgment of political Intelligence becomes the judgment of political

leaders and their grasp of the value and leaders and their grasp of the value and

limitations of its use (Ferris, 2003).limitations of its use (Ferris, 2003).

Open or Secret SourceOpen or Secret Source

�� Intelligence assessments are often Intelligence assessments are often

drafted based on a combination of drafted based on a combination of

openopen and and secretsecret sources of sources of

information. information.

•• Open source information is often drawn Open source information is often drawn

from material acquired and processed from material acquired and processed

by other agencies, the media, and nonby other agencies, the media, and non--

governmental work.governmental work.

•• These areas are not defined as These areas are not defined as

intelligence activity. intelligence activity.

•• The essence of intelligence lies at the The essence of intelligence lies at the

level of analysis and assessment. level of analysis and assessment.

Covert Action Covert Action –– CA CA

�� The subject of CA as an element of The subject of CA as an element of intelligence has not received serious intelligence has not received serious academic attention (Anderson, academic attention (Anderson, 1999).1999).

�� The study of CA within international The study of CA within international relations is in need of deeper study.relations is in need of deeper study.

�� Considering CA as intelligence work Considering CA as intelligence work helps understand intelligence as a helps understand intelligence as a tool for the execution of policy as tool for the execution of policy as well as a tool to inform policy. well as a tool to inform policy.

Three different approachesThree different approaches

1.1. Historians seek to explain the Historians seek to explain the

relationship between organizational relationship between organizational

structure and policy making.structure and policy making.

�� Close attention is paid to:Close attention is paid to:

•• The process of intelligence collection,The process of intelligence collection,

•• The nature of sources, andThe nature of sources, and

•• The precise use of it within the chain The precise use of it within the chain

of decisionof decision

2.2. Political scientists seek to establish Political scientists seek to establish

models that explain success and models that explain success and

failurefailure

�� Focuses almost exclusively on the Focuses almost exclusively on the

levels of analysis and decision.levels of analysis and decision.

�� The effective use of intelligence in the The effective use of intelligence in the

policy process is considered very policy process is considered very

important.important.

�� The The politcilazationpolitcilazation of the process is of of the process is of

considerable concern. considerable concern.

3.3. The function of intelligence as a The function of intelligence as a

means of state controlmeans of state control

�� The role ideology and state power in The role ideology and state power in

political, social, and cultural life is the political, social, and cultural life is the

primary focus. primary focus.

Intelligence & Ethics Intelligence & Ethics

�� Studies of US covert action have Studies of US covert action have contributed to bringing studies of contributed to bringing studies of intelligence and ethics together. intelligence and ethics together.

�� ‘‘No ethics in the world can get round No ethics in the world can get round the fact that the achievement of the fact that the achievement of ““goodgood”” ends in in many cases tied to ends in in many cases tied to the necessity of employing morally the necessity of employing morally suspect or at least morally suspect or at least morally dangerous meansdangerous means’’ (Max Weber) (Max Weber)

�� Ethics are not just at the highest Ethics are not just at the highest

level of policy.level of policy.

�� How the service and officers view How the service and officers view

their responsibilities is a critical their responsibilities is a critical

question.question.

�� To what end are sources protected?To what end are sources protected?

•• Can written and unwritten rules in the Can written and unwritten rules in the

service serve as a mechanism for service serve as a mechanism for

studying ethical constraints? studying ethical constraints?

Popular Culture Popular Culture

�� The role of popular culture has often The role of popular culture has often

played an important role in shaping played an important role in shaping

both official and public attitudes both official and public attitudes

towards intelligence.towards intelligence.

•• The The DreyfussDreyfuss AffairAffair

Scrutinizing the RelationshipScrutinizing the Relationship

�� The objective/subjective strain was The objective/subjective strain was

evident after the US led coalition evident after the US led coalition

invaded Iraq invaded Iraq

•• President Bush and Prime Minister Blair President Bush and Prime Minister Blair

are accused of purposely distorting are accused of purposely distorting

intelligence to justify warintelligence to justify war

•• What are the ethical concerns of these What are the ethical concerns of these

allegations?allegations?

A Policy ToolA Policy Tool

�� Many observers tend to understand Many observers tend to understand

intelligence as a tool of foreign and intelligence as a tool of foreign and

defense policy makingdefense policy making

�� Others focus on the role of domestic Others focus on the role of domestic

securitysecurity

�� Still others see it as a mechanism of Still others see it as a mechanism of

state oppression state oppression