The Lady Bug Philosopher Mascot

The Lady Bug Philosopher Mascot

Theda Barra’s ESP perception and reception with those amazing antennas!

E + P = Archangel Jophiel “Energy Positive”

Looking up*

Channeled by Jenn Royster

 

Archangel Jophiel brings great inspiration this week and encourages us to believe in our dreams. What do you dream your life to be? An optimistic approach to daily life can bring your dreams to fruition much quicker. The new frequency of earth resonates a quick manfesting vibe. So make your thoughts count, and “Dream a Little Dream!” It will be worth your effort and you’ll soon see your life taking a turn that will open doors of opportunity.

 

Your thoughts, and your positive attitude towards EVERYTHING that you experience is key to manifesting your dreams into reality. We now live in a time of miracles and they will happen quickly when you believe. So make it count. For whatever you believe, is what you are; and what you are, is what the Spiritual Law of Attraction will bring to you. -Jenn Royster

 

Message from Archangel Jophiel

 

Dear loved ones, you have come so far through your trials and we know you have endured much. Please know that this new energy frequency is waiting to manifest for you. Make your thoughts count every minute of the day and rest assured you will see miracles in your life unfold. For the more you focus your thoughts positively, you shall receive back to you.

 

Do not punish yourself if you stumble, Simply be kind to yourself, pick up and move on. Find something, anything in your life to feel grateful and positive about, for this will raise your frequency quickly. You have heard these words of the spiritual laws for sometime now. We have been working to bring you up to speed in these laws for several years. This was necessary to help all of humanity ascend at this time.

 

You now live in the frequency of manifesting quickly in the 5th dimension. Choose your thoughts wisely, for they are powerful and matter more than you realize. Simply shift your thoughts when you find yourself in a negative way, and you will move forward. For in truth, it is not the situation or person that holds you back from manifesting your dreams. It is the belief that you won’t move forward. If you believe in obstacles then there are obstacles in your life.

 

Belief is a very powerul thought energy, the energy that manifests energy into physical matter. In otherwords, miracles are born of the energy of belief. It is wise to take time to review your beliefs about youself at this time. What do you believe you are worth? This is important for your journey. We have told you many times how valuable you are, but it will not move forward until you believe in yourself.

 

You will find that many falsehoods that you have believed for so long are beginning weaken and you will see many truths revealed this year. Allow your perception of reality to expand and be filled with compassion for you and another, for everyone is adjusting to the new truths revealed. There is no need to hold anger or blame. Instead, speak with Love in your heart in all that you do and say to yourself and others. For ALL of humanity is going through great shifts of awareness very quickly.

 

It is of most value that you focus on the changes within yourself at this time. For when you raise your consciousness, you contribute to the whole of humanity. This is most helpful. This will light the way for another to do the same.

 

Believe and it will happen, and YES it really is that good to be a part of humanity at this time.

 

I send you much love and encouragement to keep your head held high and positive. We rejoice as you join together for a new Earth.

 

-Archangel Jophiel

 

*Small note from the Ladybug*  I am looking for more inspiration from Archangel Raphael and now, I learn of a new beautiful Archangel Jophiel. There is a botanical land of delicious  wonders, God has made for all of us. Fear is simply indigestion gone wild.  Alas, a new week.

Let’s not forget that the origin of the term “Ladybug”  Is attributed to Ave Maria!  A farmer prayed that his crops would be pest free and the legend is that Mother Mary sent this polka-dot beetles to protect the crops!  Our Lady has quite a sense of color* 

 

Master Jenn Royster, D.DIV. is a world-renowned Intuitive Counselor, Spiritual Teacher and Energy Healer. To learn more about Jenn Royster, visit her on http://masterschannel.com/users/masterjennroyster or go to her website at http://www.JennRoyster.com, Facebook or Twi

via Free Angel Reading – Angel Message For You – Archangel Jophiel.

Strange Graphics from The Archives of the British Museum

theladybugphilosopher:

Why is everything ancient better? This is so lush.

Originally posted on Frank T. Zumbachs Mysterious World:

AN01175498_001_l

View original

Gopaldhara Darjeeling 2014 | Lalani & Co, London

Lalani & Co’s newest team member is Ben Ireson. Studying for his WSET4 diploma, Ben has a sharp palate and knowledge of fine drinks and terroir. Here are his tasting notes on our collection’s Darjeeling 1st Flush 2014.

 

Gopaldhara Gold*

The Gopaldhara Garden ‘Wonder Gold’ is a tea that purveys layers of fruit and perfume. At first sight, this 2014 1st flush glistens gold in the light. The aromas of stone fruit and herbaceous notes fill the room.

As soon as this tea touches your taste buds its freshness is unmistakable. It cleanses the palate with ripe peach notes following through to a tropical elixir. It has a slight sweetness and beautiful citrus aroma.

Tightly rolled and fresh fired leaves. Gopaldhara artisans are known for their almost tie dyed silken leaves. A collage of flavors.

This batch is grown at 6,000 ft elevation giving a large difference in temperature in the day and night giving the leaf a vital rest period. A supreme terroir combined with the process of hard withering, which rapidly extracts moisture, gives this Darjeeling fine complexity. It has an enchanting zingy finish, perfectly refreshing. Of all the Darjeeling 1st flushes tasted at Lalani & Co, this batch (Wt5) was the most expressive and complex.

There is nothing more invigorating and reassuring as the fire spritely nuances within a Gopaldhara cuppa!

What makes a great tea for me is the combination of complexity and the length of flavour. The Gopaldhara ‘Wonder Gold’ 1st Flush of 2014 has it all.

If you are a lover of teas with floral fruity flair this Darjeeling is a single batch you must try.

via Tasting Notes: Darjeeling 2014 | Lalani & Co, London.

Victorian Occultism and the Art of Synesthesia | The Public Domain Review

Somehow it makes sense that Donovan, the musical muse whose song “Mellow Yellow” and the scents his music seems to evoke me in me?  Like lavender and the use of his music for Yardley soap go together. The ideas of the spiritual realm of ectoplasm and Madame Blavatsky’s wish to embrace to a degree Indian mysticism.  It starts to all make sense that the Beatles were the first to explore publicly the delicious juxtaposition of sitars, chanting and their auric fields in music.

But, I had no idea that synesthesia went back this far.  The illness of synesthesia seems to be a wonderful one, albeit no doubt quite overwhelming!  The ability to smell thoughts or see the colors of scents.  An illness os excessive sensory perception.  I often wondered if I have this disease!  But, no one has said just yet that Mar’s seems to be made of  of chile and mole chocolate lava as a planet!

What then does jupiter taste like if the moon is made of blue gorgonzola cheese?  I guess it tastes sweet. Just my guess. Like violet British “Chowards” candy. Be careful if you bite into the planet Saturn, for it might bite you back indeed!   

Thought-Forms, a strange, beguiling, frequently pretentious, utterly original book first published in 1901, emerged from this ferment of late-Victorian mysticism. It was written by Annie Besant and Charles Leadbeater, erstwhile members of the London Theosophical Society alongside Yeats, and it features a stunning sequence of images that illustrate the book’s central argument: emotions, sounds, ideas and events manifest as visual auras.

The book’s grand ambitions are evident from the first page. “To paint in earth’s dull colours the forms clothed in the living light of other worlds,” Besant laments, “is a hard and thankless task.” She insists that the images in the book “are not imaginary forms, prepared as some dreamer thinks that they ought to appear.” Rather, “they are representations of forms actually observed as thrown off by ordinary men and women.” And she hopes that they will make the reader “realise the nature and power of his thoughts, acting as a stimulus to the noble, a curb on the base.” This grandiloquence was typical: fin de siècle occult leaders produced some of the most baroque writing in literary history, the purplest of purple prose.

Yet what are we saying, exactly, when we call black words on a white page “purple”?

These sorts of underlying associations between words, colors and sounds were precisely what motivated Thought-Forms. In other words, the book was about synesthesia. The illustration of the music of Mendelssohn reproduced above, for instance, depicts yellow, red, blue and green lines rising out of a church. This, Leadbeater and Besant explain, “signifies the movement of one of the parts of the melody, the four moving approximately together denoting the treble, alto, tenor and bass respectively.” Moreover, “the scalloped edging surrounding the whole is the result of various flourishes and arpeggios, and the floating crescents in the centre represent isolated or staccato chords.” Color and sound had become commingled.

“The music of Gounod” – Source.

Yet Leadbeater and Besant intended not only to visualize sound, but to demonstrate their distinctive psychic gifts: the ability to detect spiritual “vibrations” of ideas, emotions and sounds as visual forms. This, in other words, was a sort of spiritual synesthesia, as much a religious act as a neurological one.

via Victorian Occultism and the Art of Synesthesia | The Public Domain Review.

Tea Origins: LaLa Shan, Taiwan | Walker Tea Review

La La Shan hides itself in many ways. Down in the southern corner of TaoYuan county, narrow and winding roads keep it off the itinerary of most travelers. For those who do come, they more likely beat a path to the ancient cypress trees, those sentinels of time and cousins of the redwood. And if anyone does press on past the forests and the shoulder-less mountain passes, she must still ascend into the clouds.

LaLa Shan (拉拉山) tea production occurs at elevations of 4,000 to 6,000 feet above sea level. On the pecking order, it means the mountain isn’t as extreme as Li Shan and Da Yu Ling teas that can grow well above 7,500 feet.

This difference in altitude is not to say LaLa Shan teas deserve to be turned away. The qing xin varietal flourishes here as it does on those other lofty slopes. Depending on season and weather, the farms can turn out 20,000 to 40,000 jin (26,000 – 52,000 lbs) of finished tea per year.

 

LaLa’s real challenge lies in its northerly position. As spring arrives, southerly mountains warm up first, granting Li Shan (about 35 miles south) and Ali Shan (about 90 miles south) a head start on growth and plucking before the spring rains begin.

So LaLa Shan has 2 cards dealt against it; the first is elevation. Higher altitude can foster divine teas, but the cool days among misty clouds can sink a tea processor’s heart to the deepest low. Necessary withering and drying has to be done in controlled conditions that nature does not provide here.

The second obstacle is LaLa Shan’s northerly position. It waits longer for the warm Spring air, then has less time before the rains begin. LaLa Shan producers work frantically within this small window.

The result is that LaLa Shan remains tucked away, waiting until more people discover its richness. Tea plantations there are about 15 years younger than those of Li Shan or Ali Shan. Until they gain more credibility, their teas often get marketed under the catch-all “Gao Shan Cha” (High Mountain Tea). You may have already tasted some of LaLa Shan’s treasure but didn’t realize it. Some Li Shan and Da Yu Ling processors will blend LaLa Shan tea with their leaves to increase the volume they can sell under a more reputable mountain name.

But LaLa Shan teas deserve a place of their own. When done properly, the tea here takes on the floral sweetness of sweet pea blossom. Textures run rich while resorting to less bitterness. Maybe this character is due to the extra coolness in these northern mountains. The  bushes may have been more sluggish in waking from winter, and therefore did not pump as much polyphenol into their younger leaves.

via Tea Origins: LaLa Shan, Taiwan | Walker Tea Review.

COOKING WITH JAPANESE GREEN TEA: Ochazuke with Matcha

I grew up drinking tea and later pouring it into your rice too!

You never miss your matcha until your well runs dry! 

I never thought I would miss this food that I grew up with.  During my fierce bout with assimilation. It’s so dee-lish!

“Ochazuke” is a very popular, traditional Japanese dish made by pouring hot green tea over rice with savory toppings.  It is a very light dish and people often eat it when he does not feel well or the stomach is in a bad condition.  Both Japanese green tea and Umeboshi (Japanese plum) are widely used for curing the stomach problems. Sometimes dashi (fish stock) is used instead of green tea. Nowadays most people use ready-made ochazuke packets, from companies like Nagatanien, but if you make Ochazuke by yourself, using green tea made from tea leaves, you will be able to enjoy more the health benefits of the Japanese green tea and it will be much healthier.

via COOKING WITH JAPANESE GREEN TEA: Ochazuke with Matcha.

Home alone? Who babysits the inner child?

It’s common to imagine that those whom suffer from inner demons or a wounded soul are decrepit and  to be marginalized. I myself do not  suffer from agoraphobia.  However, I have watched as I have witnessed the wholesale slaughter of another’s reputation and vulnerabilities. What happens if you are suffering from this paralyzing disease and you have a court appearance?  Today, I should be in court to defend our home. I am staying home to care for some one I love whom suffers from this disease.

Is there truly home care for those in a lower income status?  Is there a policy in place which will care not for what is known as eccentric when you are wealthy. What happens when you have done nothing to hurt anyone and a case is made against you and you cannot defend yourself in court.

Can anyone imagine the abuses that could be heaped upon a great soul whom simply cannot mobilize to get to court.  Should the court system have a new system with electronic video which can protect these people from their reputations being debased.?  Yes, there should.

A person whom has lost their ability to face the world with a naked eye is deeply and ever in increasing danger. What if we take it upon ourselves to create a contest and say, I’ll huff and I’ll puff and I’ll blow your house down if you don’t leave.  What if you demand this person go to a nursing home because of their illness?  Don’t they have a right to be cared for in their home with full protections of law enforcement.

I was surprised and pleased to see that just like Elvis?  You never know if the greatest artist and sensitive creative and accomplished minds suffer from “Darwin’s illness”  If you click on the link at the end of the post, you will read their paralyzing attempts to get a grip on this illness.  Does this illness predispose them automatically to not having total lucidity about experiences if not more so honestly in reality?  A sensitivity and can make you more aware of subtle changes than someone without. It’s horrifying to assume that because you are unable to face the world with the naked eye that you are delusional. It’s singularly unattractive to the human qualities of justice to take advantage in any shape or form.  It’s the big “lie” the great illusion to perpetuate the gross neglect to pamper this illusion that you are incapacitated in terms of your perception. Those whom suffer from these painful issues are in fact like the most sensitive instruments.

 

It’s easy to discriminate and create a demoralizing  picture of what is a mental health issue.

What if you tormented a person with hard to find evidence such as micro-particles pumped into the air or ambient gas? How could this person prove it or have it investigated if they could not leave the house? What if you had access to their electrical or their water source?  The city only tests cold water! Then you would have to just not tamper with their water for the moment that the water was being tested.  Gas lighting a tormented soul whose contributions to the community is a heinous crime.

My goal is to create awareness that those whom suffer from the crippling disease of agoraphobia should not be discriminated. Judged or in any way discriminated against.

My prayers go out to congress to enact safe protections for these sensitive souls and that medical in home treatment is available.

Beach Boys

M. Calkin' suffers from Home Alone-ness

Judd

Donny Osmond (1957-) Donald Clark “Donny” Osmond is an American singer, musician, actor, dancer, radio personality, and former teen idol. Osmond has also been a talk and game show host, record producer and author

One-time teenage heart-throb Donny Osmond has also experienced agoraphobia. Although his problem was more to do with social anxiety, he has also gone through depression.

His older brother Merrill also battled depression, as did sister Marie Osmond. Anxiety disorder issues can run in families, the Osmonds being a very good example.

Charles Darwin (1809-1882) Charles Robert Darwin, was an English naturalist. He established that all species of life have descended over time from common ancestors

Darwin’s own description of his condition included the following ‘I am forced to live, . . . very quietly and am able to see scarcely anybody and cannot even talk long with my nearest relations’ (quoted in Bowlby, 1990, p. 240

Miranda Hart (1972-) Miranda Katharine Hart Dyke, known professionally as Miranda Hart, is a British actress, comedian, and writer.

She says of her agoraphobia ‘ It was just after university so I went back to live with my parents. I was very anxious when I was outside. It sounds weird so I’m wary of talking about it, because it’s so hard to explain. I think I was just very anxious post-university. I thought the world was a bit scary, and that’s where it went’

“practically blacklisted” in Hollywood. She says “It’s like I’m constantly on trial. I’m a quivering mess

because I feel that people are judging whether I’m good enough, blonde enough, tall enough. Under those circumstances I fell I’m not anything enough. So I’m a disaster.” She adds, “I don’t even know what I’m afraid of. I lose my sense of self. I get fragmented and spacey and can’t focus. But lately I’ve forced myself, so now I’m getting better. Now I can face people, at least in small numbers.”

H.L. Gold – Science-Fiction Writer/Editor (1914-1996) Severe Agoraphobia

Gold’s agoraphobia meant that he had to edit the magazine from his apartment, and he carried out much of his work during this period over the telephone. For more than two decades, he was apparently unable to leave his home. He eventually retired due to ill health related to his condition in 1961 and lived mostly in isolation, occasionally publishing stories during the early 1980s.

 

We are not alone – Agoraphobics Moving Forward Support Group.

When life makes you depressed? Remember to dream your way out, in a narrow escape!

 

Although, I am as fragile as glass? As delicate in my dreams as a simple whisper. I imagine?  I remember, I recall…  A few of my favorite things.

When I was around 11? I have glints and murmurs, gleanings or shimmering  memories.

When I volunteered to work in a thrift shop on Vermont avenue in Los Angeles.  Carrot juice at 8 in a glistening curvy  deco platinum counter with ice cubes made of  madagascar vanilla ice cream. These are a few of my favorite things.

 The strange man whom I worked with, whom brushed his hair with ivory Victorian hair brushes, with smooth bone milky ivory handles. His hair platinum bleached white. A David Bowie kind of goblin. My boss had no arms?  Every day she hiked up her toes and opened the door with keys with her feet. She wrote letters with her wood scented lead pencil. In the back near the velvet smoky gowns.

Pink mischievous  pale orange pink deco slips, There…high on shelves, these wonderful depression era glasses. Mostly green mixed amongst some aurora borealis Northern lights hues on a caramel glaze.  There was cobalt cosmic blue glassware too, albeit rare. My job was just fussing over everything and listening to T-Rex with my platinum goblin in his David Bowie hairstyling’s.

I guess Los Angeles is not a very old city after all. There is stucco in pale pastel colors like old wedding cake all dusty as the length of this suburban sprawl encapsulates you. The entire city reminds you of living inside of pastries with the smell of jalapeños and tamales. My life was so simple. Deciphering my mothers mysterious beguines. She told me once that she was Mona Lisa’s poodle and she did not have to smile.

She said I am going to catch all the family photographs on fire in the freezer. I asked why? She said because you are going to finally pay attention as life leaps before you as the dragonflies wings burn like stained glass of sacredness. Don’t you want to remember where you came from?  You never remember the important things?  So, I watched her as the ice melted and fire burned. Century of warm expressions glazing with kodak banana smelling developer. My Mother was right! I never forgot what I would not remember otherwise inside of amere book. She said pay attention. This is our story and you have one chance to jump thru these rings of fire like a trapeze star.

My mother was so mysterious to me. She would read me the biography of Charlie Parker with her tiny legs on an African stool, which barely reached the floor. Lissen up she said, because music will pass you by and you must remember the scent of jazz. Each night before I went to sleep, she read to me about the stirrings if jangling bells, xylophones and flutes. Do you remember the scent of the soprano in June?  Looking back, my mother was like a zen master. She was a pioneer. She worked so hard at the bank so my father could practice drums and horns. My mother told me freedom is everything. We were all alone and she would sew and sew and practice her fencing with swords. She made all of my school costumes and cheerleading dresses. I have come to realize, that we had o money and we never knew how we would survive. She made certain that I knew that I was very much loved. 

  But, now?  I really would love to design some organza with these lovely delicate patterns. I’m sure there is a way to design textiles which are embossed and so smooth.  I can become my memories and my future by remembering  precious things which are my heart. I can become a lace glass teacup filled with my favorite tea. No matter what life throws at me?  I shall always remember John Coltrane’s musings on “A few of my favorite things”

Depression Era Glass Pattern Guide Glassware Georgian Floral items in Vintage Elegant Depression Glass store on eBay!.

Silent threat? The use of laser weapons aimed at religious while praying?

April 2008 Volume 77 Number 4
United States Department of Justice Federal Bureau of Investigation Washington, DC 20535-0001 Robert S. Mueller III Director Contributors’ opinions and statements should not be considered an endorsement by the FBI for any policy, program, or service. The attorney general has determined that the publication of this periodical is necessary in the transaction of the public business required by law. Use of funds for printing this periodical has been approved by the director of the Office of Management and Budget. The FBI Law Enforcement Bulletin (ISSN-0014-5688) is published monthly by the Federal Bureau of Investigation, 935 Pennsylvania Avenue, N.W., Washington, D.C. 20535-0001. Periodicals postage paid at Washington, D.C., and additional mailing offices. Postmaster: Send address changes to Editor, FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor Quantico, VA 22135. Editor John E. Ott

This publication is produced by members of the Law Enforcement

It’s very alarming that during prayer?   These weapons are used to affectively punish a person for petitioning their God.

Features

Laser Weapons

No longer relegated to the realm of science fiction, laser devices have become weapons with potentially deadly consequences.

By Robert J. Bunker and Dan Lindsay Disruptive and Destructive Effects of Laser Illuminations By Matt Begert, Lisa Campbell, and Sid Heal
Whether wielded intentionally by 10 terrorists or mischievously by citizens, laser devices can produce potentially lethal results.
Laser Legal Issues 18 By Madelyn I. Sawyer and John P. Sullivan Criminal Speech 23 By Martin J. King
Deterring and prosecuting criminal laser strikes requires a unified effort among local, state, and federal authorities.
Law enforcement officers must know the extent to which the First Amendment permits preventative prosecution based on speech intended to persuade or induce others to engage in unlawful conduct.
8
Bulle
Recognizing Laser Threats
I n the spirit of lessons learned from the tragic events of September 11, 2001, the FBI Law Enforcement Bulletin presents three feature ar- ticles on laser threats derived from both negligent use and the intentional criminal employment of laser devices and weapons that can disrupt human vision and potentially cause short- and long-term damage to the human eye. The danger this threat represents increases substantially when civil and private aircraft, commercial cargo carriers, and air- borne law enforcement entities become the targets of these laser illuminations. Loss of pilot vision and air-ground reference can result in serious and catastrophic outcomes that can lead to both crew and passenger injury and loss of life, as well as imperil citizens on the ground. To adequately address this topic, the Bulletin once again has joined with the Futures Working Group (FWG), a partnership between the FBI and the Society of Police Futurists International (http:// http://www.policefuturists.org). The first such collabora- tion took place in the January 2004 issue on futures research and policing. The mission of the FWG is to promote innovation through the pursuit of scholarly research in the area of police futures to ethically maximize the effectiveness of local, state, federal, and international law enforcement bodies as they strive to maintain peace and security in the 21st century. Members have completed projects on such topics as the use of augmented-reality tech- nology, neighborhood-driven policing, homeland security, policing mass casualty events, and the future of policing. As part of the FWG, the Futur- ists in Residence (FIR) program, operational since
© Dynamic Graphics 2004, affords researchers and practitioners an op- portunity to conduct original research. The FIR pro- gram, housed within the Behavioral Science Unit of the FBI Academy, has conducted research on hu- man resource management in policing, the future of leadership in law enforcement, and the current ef- fort on lasers as weapons that police may encounter today and, perhaps more so, in the future. The three feature articles cover several aspects of laser threats, especially those most applicable to the law enforcement community. First, “Laser Weapons” provides an overview of weaponry evo- lution and how lasers and other forms of directed energy systems have begun to supplant conven- tional firearms because of enhanced tactical and operational functions. Next, “Disruptive and De- structive Effects of Laser Illuminations” describes the potential dangers associated with lasers and of- fers countermeasures for those targeted, especially law enforcement officers. Finally, “Laser Legal Issues” highlights the importance of deterring laser incidents and the need for statutory provisions to enable prosecution for these acts. All three articles echo the need for the law enforcement profession and the public to become aware of the potential dangers associated with laser illuminations. Whether wielded by a terrorist intent on forcing an airliner to crash or by an ardent fan trying to attract a celebrity=s attention, lasers can cause immense tragedy. But, by recognizing the dangers, taking steps to reduce illuminations, and enacting effective laws regarding the malicious use of lasers, society can ensure that this emerging threat will not flourish.
April 2008 / 1
Laser Weapons An Emerging Threat By ROBERT J. BUNKER, Ph.D., and DAN LINDSAY
Laser and beam weapons have been the stuff of science fiction lore for many years. Good science fiction, however, is based on some kind of science fact and, if done properly, will become less implausible over time. This now is occurring with lasersCboth when used in an improvised weaponry role and when produced as dedicated laser weapons.1 Military entities have debat- ed the implications of a shift to laser and other forms of directed energy weaponry for quite some time. In today’s world of terror- ist plots and increasingly violent criminals, the law enforcement community must become aware of this development as well. While most information on the topic has been military in nature, a growing body of literature has begun to focus on the terrorism potential and criminal use of laser systems against civil aviation and airborne and ground law enforcement assets.2 This law enforcement threat has emerged in tandem with a marked increase in lasings and illuminations over the past decade and the national tracking of these incidents by the Federal Aviation Administration (FAA). Other issues of interest touch upon law enforcement=s future utilization of lasers and directed energy weapons and citizens’ future right to bear laserarms (handheld laser weapons). A
2 / FBI Law Enforcement Bulletin
© Photos.com
Dr. Bunker is the CEO of a security consulting corporation in Claremont, California.
Chief Safety Officer Lindsay serves with the Ontario International Airport, as well as the Los Angeles, California, Department of Airports and its Airport Law Enforcement and Protection Services.
brief look at the early emer- gence and development of firearms can help explain what now is taking place with lasers. Legacy of Firearms Firearms have existed for well over 500 years. Prior to their emergence, however, less sophisticated forms of weap- onry included the sword, spear, lance, and bow. During the transition to the modern world, the longbow and crossbow, the two reigning missile weapons of the medieval era, were success- fully challenged and eventually replaced by the more advanced firearm first introduced to the battlefield in the 14th century.3 Early handheld firearms looked like miniature cannons. Wooden sticks were strapped to iron pipes with one end blocked and a touch hole bored so as to ignite the crude gunpowder mixture. Glowing sticks and wires brought to the touch hole served to fire the weapon, which shooters pointed in the general direction of the target because aiming was impossible. From these humble beginnings, fire- arms evolved over the course of centuries into true handheld weapons with many recogniz- ably modern components. Gains in standoff range, accuracy, lethality, and reliability became dramatically evident as sophisti- cation increased. Firearms—then character- ized as crude and unreliable— beat out competing weapons of
late medieval and early modern times because they offered potentials the other, then domi- nant, systems did not. Whereas both longbows and crossbows had exhausted their human and quasi-mechanical power sources, firearms began to exploit the deadly force capabil- ity provided by chemical reac- tions and internal combustion. This new and advanced weapon ultimately would take down the old medieval order by shooting the knight from his horse and breeching the high walls of the lord’s castle. This end state came about by means of a gradual process. The development of the musket into the rifle and the addition of the bayonet culminated in the ascendancy of the modern firearm as the dominant system in warfare. In tandem with long- gun evolution, pistols became
available for military and eventual policing functions, and siege, later field, artillery began to emerge on the battlefield. Transition to Laser Weapons As in the transition from medieval to modern weaponry, legacy systems, such as con- ventional firearms, will not be supplanted overnight. Still, this process of weaponry evolution will not occur over centuries but in mere decades as a result of the ever-increasing pace of technological innovation. It is projected that an incre- mental process will unfold over the course of many decades as lasers, and other forms of di- rected energy weapons, emerge haphazardly as components that will augment firearms (e.g., laser sights) and also be fielded as stand-alone systems both
April 2008 / 3
complementing and challeng- ing firearms.4 As energy source output, transmission efficiency (lessened energy loss), storage, and reliability increase, so, too, will handheld laser weapon capability. For this reason, this developmental pattern, except for its historically compressed nature, will likely mimic that of the firearm. Beyond offering advanced power source exploitation potentials over firearms, la- sers possess several enhanced tactical and operational func- tions.5 Moreover, for policing purposes, the most significant of these capabilities include those identified as exploiting fifth-di- mensional operational space.6 • Speed of light: Because a la- ser beam travels at 186,000 miles per second, no time of flight exists for it to hit a target. As soon as the trig- ger of the laser weapon is pulled, the target has been engaged. • Energy concentrated on the target: Unlike many omni- directional munitions, all of the energy of a laser is focused in a coherent beam upon the target. The smaller and tighter the beam, the more energy is concentrated at the point of impact. • Straight line of flight: No fire control is required to calculate a ballistic trajectory and lead.
Whatever is aimed at is hit, based on a straight line of sight and flight. • Extreme standoff potential: Stronger lasers have stand- off ranges in excess of most modern firearms; however, beam coherence issues arise at extreme ranges of laser employment. A laser, like
which eliminates the need for large quantities of ammunition. The only real potentially inhibiting factor is overheating because of long durations of use. • Rheostat: The energy levels produced can be increased and lowered, allowing for the more tailored application of force. Low levels could cause less lethal effects, while more energy emitted could result in lethal-force applications. • Frequency shifting: Tunable lasers, those with shifting wavelengths, are highly resistant to countermeasures based on filters that block known threat wavelengths. • Unique wounding: Corneal and retinal damages to the eyes may take place with low-energy lasers. Besides thermal effects, the potential for photochemical changes in the eye also may result from some laser injuries. Combinations of charring and lacerations may oc- cur with high-energy laser injuries, which require a far more complex medical re- sponse than ones produced by standard firearms. • Psychological impact: Once personnel, both mili- tary and law enforcement, realize that utilizing magni- fying optics or viewing the operational space with the
any other device
employed by criminals, terrorists, or military combatants.
• Silent: No detonation or back blast is required as a
• Potentially invisible: Infra- red lasers are invisible to the human eye, thus typically undetectable without infra- red detection equipment. In the case of visible lasers, they can be pulsed, thereby limiting the opposing force’s ability to detect their use. • Deep clip: As long as a power source exists, a laser can continue to operate,
4 / FBI Law Enforcement Bulletin
or weapon, may be
by-product of operating a laser because no internal combustion or chemical re- action takes place to power the laser beam.
naked eye can pose the risk of being injured or blinded, their mission performance could become degraded. This is compounded by infrared laser use because damage to the eye can be taking place without the target initially even knowing that it is happening. Target Sets Laser devices and weapons have disruptive (visual) and destructive (primarily thermal) effects upon their targets. Under normal viewing conditions, weaker low-energy lasers have only disruptive effects, whereas stronger ones also have eye damage and destructive capa- bilities that allow them to start fires and either melt or burn through objects that have little density. The weaker lasers, such as laser pointers, typically are effective at night for vision disruption purposes, while the stronger systems can be used both in daytime and nighttime conditions. A laser, like any other device or weapon, may be employed by criminals, terror- ists, or military combatants. The target sets that can be disrupted, and potentially destroyed, by using lasers are pretty much the same for both law enforcement and civil aviation applications. However, civil aviation tends to have many more soft targets, such as fuel trucks, even though police
helicopters are much softer tar- gets than passenger airliners. Tactics, techniques, and procedures for individual user and opposing force laser ap- plications can be generated for law enforcement red-teaming purposes.7 Needless to say, as with any targeting endeavor, weapons effects can be matched to target-set weaknesses and vulnerabilities, and a reasonably competent operations plan can be constructed. In this instance, the eyes (vision) of law enforce- ment and commercial avia- tion personnel are the greatest vulnerabilities. Conclusion Several years ago, one of the authors characterized the emergence of lasers and di- rected energy weapons as a
“new gunpowder revolution”8 and still adheres to that observa- tion. Laser weapons and devices will have an immense impact on future policing activities, es- pecially in the coming decades when they mature as systems and eventually move along the continuum from exotic to what will be considered more con- ventional weapons. This impact is projected to come about primarily because of two broad waves of change in this type of weapon’s usage. The first, derived from negligence and ignorance, represents the vast majority of incidents, criminal intent, and eventual terrorist and global insurgent use of these systems.9 Millions of handheld laser pointers and other low- energy laser devices have been
Target Sets
Law Enforcement
• Personnel (line officers, specialized units, supervisors) • Matériel (police cars, helicopters, fixed-wing aircraft, equipment) • Infrastructure (buildings, communication systems) Civil Aviation • Personnel (pilots, flight crews, passengers, mainte- nance staff, rescue workers) • Matériel (aircraft, fuel trucks, equipment) • Infrastructure (terminals, control towers, radar, communication systems)
April 2008 / 5
Airborne Law Enforcement Laser Illumination By Alfredo Parra, Jr. At about 10 p.m. on March 21, 1998, I was the flight officer aboard the Ontario, Cali- fornia, Police Department=s helicopter orbiting a burglary in progress. As I was directing ground officers to the suspect, the pilot, Pete Ambriz, told me that we were being illumi- nated by a laser. Fortunately, he could maintain control of the helicopter. After officers took the suspect into custody, Pete turned in the direction of the laser and flew about 500 feet above the ground. Our aircraft, modified with two strobes for low-level operations in the area of our international airport, also had a 50-million candlepower searchlight, so we could be seen for miles. At that point, I was looking at the horizon and saw the laser beam. It was angled from the ground below and to the left of the aircraft and was not bright enough to cause concern. Suddenly, however, it moved up and right and, within an instant, a bright intense red light covered the front windscreen and interior of the cockpit. The beam was too bright to see through, and there was no visibility to the front of the aircraft. I could see the beam mov- ing, and, occasionally, I could see forward as the beam tracked our aircraft. I saw Pete flying while looking out the left side of the aircraft as he kept his heading. After about 10 seconds, I saw the beam move downward, fade, then turn off. As the beam was moving away from the aircraft, I could clearly see its source. The beam was so intense, straight, and bright that it pointed like an arrow to its source. As it was turned off, I saw it glow down and move north at the rear of a house and then inside what turned out to be the rear sliding door. Later, I determined the distance to be just over 1 mile, or about 14 city blocks. I learned from the manufacturer of the device that, at that distance, the beam would have been approximately 7 feet in diameter. I directed Pete to the home and had a ground unit respond. The officer contacted the suspect and retrieved the device. The suspect subsequently admitted aiming the device at the helicopter and eventually pleaded guilty to a misdemeanor violation of California Penal Code Section 247.5, Discharging a Laser at an Aircraft. He was sentenced to 3 months in the county jail and 3 years on probation. Detective Parra serves with the Ontario, California, Police Department.
manufactured over the past few decades, and now dozens, if not hundreds, of them are directed at civil, commercial, military, and law enforcement aircraft; police and emergency services personnel; professional and
amateur athletes; bus drivers; and everyday citizens on a yearly basis. Fortunately, the majority of these devices, under normal viewing conditions, do not pose eye hazards. Still, these lasers may offer significant
visual disruption potentials. Regardless of user intent, this wave of change already has begun and is based on lasers as threat systems to law enforcement officers. An even- tual component of this wave
6 / FBI Law Enforcement Bulletin
of change will be the creation of law enforcement policies, tactics, and countermeasures with respect to laser threats.10 The second wave of change is expected to be based on the utilization of lasers and other directed energy devices by law enforcement agencies themselves. This can be seen today with laser sights added to firearms and the use of laser dazzlers as less lethal forms of force. While this wave of change remains immature, over time, more and more directed- energy capabilities will be implemented for law enforce- ment use. With such scenarios in mind, the law enforcement profession must recognize that lasers are emerging as the weap- ons of the future. Just as the firearm ushered in the modern era, the laser will profoundly influence what transpires for succeeding generations. Endnotes 1 The authors’ past writings on laser threats include Dan Lindsay and Robert J. Bunker, “The Laser Threat to California Airborne Law Enforcement,” The Journal of California Law Enforcement 34, no. 2 (March-April 2000): 12-20 (an earlier version, “The Laser Threat to Airborne Law Enforcement,” appeared in two parts in Air Beat (November/December 1998, 26-29 and January/February 1999, 14-16); and Robert J. Bunker, “Terrorist Laser Employment Against Civil Aviation: Is- sues, Concerns, and Potential Incidents,” Transit Policing 8, no. 1 (Spring 1998): 7-8 and 21-28.
2 U.S. Department of Justice, Federal Bureau of Investigation, FBI Academy Li- brary, Subject Bibliography: Laser Devices and Weapons (Quantico, VA, June 2007). 3 T. Lindsay Moore, “The Structure of War: Early Fourth Epoch War Research,” in Non-State Threats and Future Wars, ed. Robert J. Bunker (London, UK: Frank Cass, 2003), 157-170. 4 This projection has provided under- lying guidance to less lethal weapons research and field activities initiated by the National Law Enforcement Corrections Technology Center; the National Institute of Justice Technical Working Group on Less Lethal Weapons; and the Technology Exploration Program of the Los Angeles County, California, Sheriff=s Department. 5 Many of these capabilities were recognized initially quite sometime ago by Brigadier Bengt Anderberg, “The Low-En- ergy Laser Aimed at the Eye as a Potential Antipersonnel Weapon,” The RUSI Jour- nal 133, no. 1 (Spring 1988): 35-40. 6 Sid Heal, “Fighting in the Fifth Dimension,” OnPoint: A Counterterrorism Journal for Military and Law Enforcement Professionals (April 2005); retrieved from http://www.uscav.com. 7 Robert J. Bunker, “Criminals and Laserarms: Counter-Optical Tactics,” The Tactical Edge 14, no. 8 (Fall 2000): 45-48. 8 Robert J. Bunker, “New Gunpowder Revolution,” The Police Chief, June 1998, 49. This observation was drawn from even earlier military-related research Dr. Bunker conducted on the topic. 9 With a fixation on man-portable air defense systems, rocket-propelled grenades, bombs and improvised explosive devices of various types, and small arms, a time lag before terrorist laser weapons use takes place is expected. Still, the Japanese terrorist group Aum Shrinkyo attempted to use a laser device as a weapon back in the 1990s, so wild-card scenarios are not out of the question. 10 Additional forms of directed energy defense against radio frequency and other devices also may, at some point, become warranted.
Wanted: Photographs
T he Bulletin staff is always looking for dynamic, law enforcement- related photos for possible publication in the magazine. We are interested in photos that visually depict the many aspects of the law enforce- ment profession and illustrate the various tasks law enforcement personnel perform. We can use color prints, digital photographs, and slides. It is our policy to credit photographers when their work appears in the magazine. Contributors should send duplicate, not original, prints as we do not accept responsibility for damaged or lost prints. Send photographs to: Art Director FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor, Quantico, VA 22135.
Arrest-Related Deaths Arrest-Related Deaths in the United States, 2003-2005 contains data from the first national measure of all types of arrest-related deaths under a new pro- gram mandated by the federal Death in Custody Reporting Act (Public Law 106-297). The statute directed all states to report deaths during arrests to remain eligible for federal correctional grants. This Bureau of Justice Statistics report provides the number of all arrest-related deaths over a 3-year period by cause of death and characteristics of the deceased. These fatalities include homicides (both those by law enforcement officers and other persons), suicides, alcohol or other drug intoxication deaths, accidental injuries, and fatal medical problems. The publication lists the deaths by cause for each state, and tables detail the circumstances surrounding arrest-related deaths, such as the criminal offenses relating to the arrests, the weapons or other behavior employed by arrest sub- jects, and the weapons or restraint de- vices used by officers involved in the arrest. In addition, the document pres- ents the number of justifiable homicides by police as collected by the FBI’s Uni- form Crime Reporting Program. To obtain a copy of the report (NCJ 219534), access http://www.ojp.usdoj. gov/bjs/abstract/ardus05.htm.
Juvenile Offenders and Victims The latest edition of the Office of Juvenile Justice and Delinquency Prevention’s (OJJDP) flagship statistical publication, Juvenile Offenders and Victims: 2006 National Report, is available online at http://ojjdp.ncjrs.gov/ojstatbb/index. html. The 260-page report offers comprehensive statistics on juvenile offending, victimization of juveniles, and the justice system’s response to these problems. It presents data in easy-to-read tables, graphs, and maps, narrated by clear, non- technical analysis. This report is part of OJJDP’s online Statistical Briefing Book (SBB).
NIDA InfoFacts Understanding Drug Abuse and Addiction represents one of many brief messages available through NIDA InfoFacts, developed by the National Institute on Drug Abuse (NIDA), National Institutes of Health, Department of Health and Human Services. NIDA supports most of the world’s research on the health aspects of drug abuse and addiction. Updated regularly, NIDA InfoFacts have no copyright on any of the materials, and all can be reproduced for further distribution. Available at http://www.nida.nih. gov/Infofacts/Index.html, NIDA InfoFacts cover a wide range of topics germane to all concerned with the tragic effects of drug abuse and addiction.
Cocaine Smuggling Produced by the Office of National Drug Control Policy, Cocaine Smuggling in 2006 provides an over- view of the estimated cocaine flow to the United States for the year. The report covers such topics as coca culti- vation and production, cocaine trafficking routes and methods, and cocaine seizures and disruptions. Estimates indicated that between 530 and 710 metric tons of co- caine departed South America toward the United States in 2006. About 90 percent of the flow traveled via the eastern Pacific and western Caribbean routes to Mexico and Central America. In 2006, interdiction efforts re- sulted in 492 metric tons of cocaine, the second highest total on record. The document (NCJ 220494) is available at the National Criminal Justice Reference Service’s Web site, http://www.ncjrs.org.
Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your material for consideration to: FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor, Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and should not be considered an endorsement by the FBI for any product or service.)
Disruptive and Destructive Effects of Laser Illuminations By MATT BEGERT, LISA CAMPBELL, and SID HEAL
Most of the documented laser incidents (some intentionally disrup- tive, others not) have involved lasing aircraft. The primary operational effect in such in- cidents is visual disruption to pilots with the immediate and direct concern being the loss of control of the aircraft. For a hos- tile individual wielding a laser, disruption of the pilot’s vision, as well as a wide range of other potentially destructive results, is intentional. As lasers become more technologically advanced and
hostile forces modify their tactics for enhanced results, cur- rent disruptive outcomes may worsen, causing greater pos- sible injury or death. Further, both disruptive and destructive effects of lasers may bring on psychological issues not only for the victims of such incidents but also for those who could become targets. VISUAL DISRUPTION The mechanics of visual disruption can be described in terms of the effect produced when the eye interacts with
© Mark C. Ide light, specifically changes in light hitting the eye. The visual disruption that occurs when a laser strikes the eye includes one mechanical reactionCblink- ing, an involuntary, predictable startle reflexCand three physi- ological responsesCglare, flash blinding, and afterimage. Glare, a common and fore- seen condition for pilots during flight, results from an intense light source that obscures an ob- ject in a person’s central field of vision.1 The effects last only as long as the light source is pres- ent. Pilots expect glare caused
10 / FBI Law Enforcement Bulletin
by low sun angle, landing lights, and other sources. But, they do not anticipate the sudden il- lumination and resulting glare of collimated laser beam ra- diation, amplified by reflection and refraction in the cockpit.2 The unexpected appearance of laser light causing glare proves disruptive unlike that from sunlight, which pilots know and can predict. In contrast, flash blindness, a temporary visual impairment, persists for several seconds or up to a few minutes after the light source is removed.3 Unfortunately, a laser does not have to be shined directly into the eye for this to occur. Reflected or refracted laser radiation hitting a cock- pit canopy can produce flash blindness. Albeit temporary, the visual disruption can result in
the inability to detect or resolve a target, similar to the imme- diate blinding from a camera flashbulb. The final response, afterimageCthe transient sensa- tion or the perception of light, dark, or colored spots left in the visual field after exposure to bright lightCcan prove distract- ing or disruptive and last up to several minutes. The disruption from lasing can affect an aircraft’s mission or intended operation. A pilot startled by a laser flash and suffering from flash blindness, for example, may inadver- tently divert or change a flight’s course or lose visual references. In military applications, laser disruptions can result in a de- graded mission, aborted flight, or denial of essential air support to ground operations. Further,
ongoing effective hostile lasings in a specific location may result in general area denial. In do- mestic circumstances, important consequences of laser disrup- tion could include temporary restrictions or modifications to the use of aircraft in support of law enforcement or public safety missions. HEALTH ISSUES The unique properties of lasers play a role in their ef- fect on the eye. A tightly col- limated laser, for example, will cause the laser beam to become focused in a small retinal spot, much smaller than if another light source with comparable power were to hit the eye. This constricted focus combined with the increased output power of a laser may lead to exceptionally
Operations Officer Begert serves with the National Law Enforcement and Corrections Technology Center-West in El Segundo, California.
Major Campbell serves with the 146th Airlift Wing, Air National Guard, U.S. Air Force, at Port Hueneme, California.
Commander Heal serves with the Los Angeles County, California, Sheriff’s Department.
April 2008 / 11
hazardous conditions for the eye. The nearly monochromatic property, the very confined beam divergence over great distances, and the energy of a laser also can have an effect on the eye. In general, at the point where the eye no longer can withstand the power or energy density of a laser, referred to as the eye’s damage threshold, barely visible but permanent physical damage to the retina will occur. Three mechanisms can cause laser-induced eye inju- ries: thermal, mechanical, and photochemical. The most com- mon laser eye injury is thermal in nature. When so affected, the eye absorbs laser energy, which raises the temperature and alters tissue proteins. Less common, mechanical damage results from lasers with very short high-fre- quency pulses and, thus, very high energy. Such high-energy pulses can inflict severe dam- age to the retina because of extremely rapid absorption of energy and sharp increases in temperature. Photochemical damage, characterized by lower power and longer energy pulses, occurs at the shorter visible wavelengths (e.g., in the blue or ultraviolet regions of the spec- trum). In such cases, repeated or chronic exposure is cumulative with the effects being similar to sunburn. Common but varying symptoms may assist in the
preliminary recognition of the nature and seriousness of the exposure. Victims of significant retinal laser injuries typi- cally experience sudden, severe decreased vision in one or both eyes. They may notice a bright flash and occasionally hear a loud popping sound. They may or may not feel pain.4 Still, their affected vision may improve over several days or months.
presentation usually becomes apparent to ophthalmologists. Less significant retinal laser injuries may not be as easily diagnosed or apparent. For this reason, details of the event and all symptoms should be docu- mented and given to an examin- er following a suspected lasing. Notably, in some accidental workplace lasings, the clinical effects remained undetected until inadvertently discovered by ophthalmologists because they were asymptomatic and, therefore, never addressed. As the number of lasing incidents increases, especially by misuse, so does the added potential for psychological effects that may occur as a result of being lased or simply from the threat of experiencing such an incident. According to some military researchers, the suppressive consequences of knowing that a lasing could occur may be numerous and must be factored into overall laser biological effects studies. Such psychological issues prior to, during, or after a laser incident may be accompanied by undue stress or performance inhibitions and, thus, have significant impact on mission accomplishment.5 OFFICER SAFETY CONCERNS One highly troubling aspect for officers being lased is not knowing the circumstances of
The unique properties of lasers play a role in their effect on the eye.
Results from laser acci- dents of varying degrees have
included such medical findings or symptoms as scotoma (dark spots); retinal, corneal, or macular burns; retinal lesions; swelling; blurred vision; vitre- ous hemorrhage (rupture of retinal blood vessels); and blind spots. Most real laser injuries are accompanied by some eye tissue damage. While many medical or symptomatic find- ings will improve over time, some may last much longer. In cases of more significant retinal laser injury, the clinical
12 / FBI Law Enforcement Bulletin
the illumination. Is a criminal sighting a weapon at them? Is someone trying to harm them by striking them in the eye with a laser? Or, is a child, adoles- cent, or even an adult wielding the device accidentally or out of ignorance? Such questions necessitate quickly assessing the situation and employing some basic response protocols and countermeasures developed to protect officers during a laser illumination.6 These response measures, both passive and ac- tive in nature, partially depend on the intensity (brightness) of the laser and the officer’s type of assignment (e.g., on foot, in a vehicle, or aboard an aircraft). Countering the Attack Officers on foot should readily seek cover if the illu- mination continues.7 They may need to look away from the laser or shield their eyes with a hand, hat, clipboard, or other opaque object. Officers should remember that the effects of a laser illumination are far greater at night and under other condi- tions of darkness because the human eye has adapted itself for nighttime vision (i.e., the pupil is dilated). Officers in vehicles first need to make sure that the startle response from a laser il- lumination does not result in an accident. They have the option of driving through the incident or parking the car. Turning on
interior lights may help negate some of the intensity of the la- ser light. Looking down, shield- ing the eyes, or finding protec- tion behind an open car door all represent viable options. If the illumination comes from be- hind, officers never should look into the rearview mirror. An airborne officer’s first mission is to aviate and navi- gate. Depending on the severity of the laser illumination, of- ficers have some options. They could look away, shield their eyes, raise or lower their hel- met visor, place their head out of the window (in case of laser light scattering or opaqueness in the canopy), or make a 180- degree turn. At ranges close to the laser source, officers should maximize all interior and instru- ment lighting to counteract the disruptive visual effects of the laser illumination. Regardless of whether of- ficers are on foot, in a vehicle, or aboard an aircraft, under no
circumstances should they use a direct-viewing magnifying device, such as binoculars or a scope, because these instru- ments gather and intensify light, thereby boosting the energy of the laser that strikes the eye. Eyeglasses, as well as shiny ob- jects and other reflective surfac- es that laser energy can bounce (diffuse) off of, also pose visual disruption and injury issues. For this reason, officers should not use tactical mirrors for viewing the illumination. Officers operating in envi- ronments where laser threats are prevalent can draw upon more sophisticated countermeasures. For example, military goggles and glasses exist that provide both ballistic and laser eye pro- tection. Filters incorporated into such eyewear block out com- mon laser threat wavelengths. For law enforcement use, red and green laser filters would have the greatest current util- ity. Film applied to windshields and windscreens and potentially even to mirrors can filter out harmful laser light. In addition, smoke rounds represent a sound tactical response to the threat of laser illumination because the particulate matter that blocks human vision does the same to laser energy. Laser detectors and warning receivers, found in some military vehicles and aircraft, alert crews to illumina- tions. This laser warning capa- bility extends to both visible
© Photos.com
April 2008 / 13
and infrared (invisible) lasers.8 Finally, law enforcement agencies can utilize airborne, vehicular, and officer-carried white-light systems (flashlights through high-intensity spot- lights) against the source of a laser illumination. Multiple white-light sources, and even the addition of laser dazzlers, can create an optical-wall effect that may isolate and disorient the wielder. Air units that have powerful spotlights with good standoff ranges have proven ef- fective in providing overwhelm- ing white light against suspects with lasers. Aiding the Injured All lasers are capable of eye damage as a result of three factors: exposure, aperture, and energy. Thus, even a weak laser with a small aperture and sufficient “loiter time” can cause injury. Of course, a more powerful laser needs less exposure because it has more energy. While in the vast major- ity of cases no damage will result from being illuminated by a weak laser, officers still should have their eyes exam- ined. The stated energy output of many foreign lasers is inac- curate, and worn eyewear inadvertently may intensify a laser beam. Eye injuries easily can take place from direct beam exposure from more powerful lasers and potentially even from
laser energy reflected off of surfaces.9 In case of an eye injury, officers should keep the injured person calm. If a retinal injury is suspected and bleeding occurs inside the eye, the injured person should remain in an upright, seated position. Officers should ar- range for transportation of the seriously injured for medical evaluation and treatment. The victim might be in shock or have impaired vision, so self- transportation is not advisable.10
CONCLUSION Lasers currently used in antipersonnel roles are not the most advanced systems in existence. However, it is rea- sonable to assume that more sophisticated technology will be employed with malicious intent in the future. The law enforcement pro- fession must prepare for such a threat by ensuring that its members become aware of the potential dangers associated with lasers. These hazards exist whether the devices are wielded intentionally by criminals and terrorists or by citizens ignorant of the potentially lethal results of their mischievous actions. Endnotes 1 2 Collimated light means that the wavelengths of the light beams are paral- lel, resulting in little beam divergence over long distances. 3 Supra note 1. 4 Studies have shown that pain is not frequently reported. Pain may be caused by rubbing the eyes after laser exposure and more a result of transient corneal abrasion from the rubbing versus from the lasing itself. 5 Additional references employed by the authors include W.L. Makous and J.D. Gould, “Effects of Lasers on the Human
The disruption
from lasing can affect an aircraft’s mission or intended operation.
Van B. Nakagawara, Ronald W. Montgomery, Archie E. Dillard, Leon N. McLin, and C. William Conner, U.S. Department of Transportation, Federal Aviation Administration, Office of Aerospace Medicine, The Effects of Laser Illumination on Operational and Visual Performance of Pilots During Final Approach, DOT/FAA/AM-04/9 (Washing- ton, DC, June 2004).
Injured officers should
have specifically treated laser eye injuries. Because laser eye injuries are uncommon, some officers may encounter diffi- culty finding qualified medical doctors to conduct the examina- tion. In the case of severe inju- ries and lingering eye pain, they should contact military ophthal- mologists who are experts in this field.
14 / FBI Law Enforcement Bulletin
consult ophthalmologists who
Eye,” IBM Journal (May 1968): 260; Yaniv Barkana and Michael Belkin, “Laser Eye Injuries: Survey of Ophthalmology,” Major Review 44, no. 6 (May/June 2000): 459-474; Robert P. Green, Jr., Robert M. Cartledge, Frank E. Cheney, and Arthur R. Menendez, USAF School of Aerospace Medicine, Human Systems Division, Medical Management of Combat Laser Eye Injuries (Brooks AFB, Texas, October 1988, rev. 1990); and R. James Rockwell, Jr., William J. Ertle, and C. Eugene Moss, Rockwell Laser Industries, Inc., and Na- tional Institute for Occupational Safety and Health, Safety Recommendations of Laser Pointers; retrieved from http://www.rli. com/resources/pointer.asp.
6 Robert J. Bunker, Laser Threats to Law Enforcement, International Associa- tion of Chiefs of Police Training Key 523 (Alexandria, VA, November 2000), 1-6. Original tactical review of this training key provided by Sid Heal. 7 Police horses and dogs also are susceptible to laser illuminations. Mounted officers have personal safety issues concerning controlling their animals. Side blinders on horses should protect from all but direct head-on laser illuminations. 8 More sophisticated systems may have the ability to pinpoint the geospatial position of the threat laser and provide geopositioning system coordinates. Even more advanced systems may be able to
characterize laser frequency signatures. The gathering of such signatures may provide useful information for both laser protection (eyewear filters) and criminal prosecution (matching the gathered signature to that of a seized laser). 9 While skin injuries (actual burns) from lasers also are a potentiality for of- ficers who have been illuminated, overall vision safety concerns dominate because very few, if any, of these more powerful lasers are used in the current domestic laser threat environment. 10 Rick Mannix, ed., UC Irvine Laser Safety Newsletter 7, no. 1 (January 3, 2007): 1-2; retrieved from http://www.ehs. uci.edu.
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Ms. Gaylord serves as an intelligence analyst in the FBI’s San Diego, California, office.
Community Involvement The Ultimate Force Multiplier By Arlene A. Gaylord, M.A. The events of September 11, 2001, dramati- cally changed the way Americans live. It also drastically altered how law enforcement organizations conduct business. Since that tragic day, local, state, federal, and tribal agencies have worked and trained together, having recognized the major shift in the roles and responsibilities of the law enforcement profession throughout the United States. Now that law enforcement of- ficers have received terrorism training, they need to share this knowledge with the members of the communities they protect and serve. Educating the public to recognize suspicious activities that could possibly relate to terrorism may well comprise the ultimate force multiplier. After all, no locality has the luxury of having an officer on every street corner. Therefore, involving citizens is essential to effectively combat terrorism. Who better than someone living in a neighborhood or working in a business district to recognize what truly is happen- ing in that area? As an example, Neighborhood Watch pro- grams have succeeded in making many communi- ties across the nation safer.1 The program enlists the active participation of citizens in cooperation with the agencies that police them in an effort to reduce crime. This time-tested formula has proven instrumental in ridding neighborhoods of different types of crime problems, such as gangs, prostitu- tion, and drugs. This concept could be expanded to include offering appropriate training regarding terrorism and, thereby, equipping residents with the knowledge necessary to effectively identify suspicious activities that possibly could relate to terrorism.
San Diego’s Initiative The FBI’s San Diego office has made build- ing law enforcement-community partnerships a cornerstone in its investigative and preventative counterterrorism efforts. Since April 2004, the office has offered a training program for citizens. It has shared a 11⁄2-hour course with community forums, private companies, and Neighborhood Watch groups throughout San Diego County and several other neighboring jurisdictions. The prem- ise of this training is simple: a brief overview of terrorism that teaches community members not only how to recognize preincident indicators (PIIs) and suspicious activity but also how to provide an accurate report to the appropriate law enforcement agency in a timely fashion. To help other law enforcement organizations develop a similar effort, the author presents the formula that has proven successful in San Diego.
16 / FBI Law Enforcement Bulletin
First, agencies should identify employees who not only care greatly about educating the community but also have established themselves as effective trainers. Next, they should arm these individuals with the knowledge needed and give them suffi- cient time to go out into the community and teach a basic overview course on terrorism. Although specific items to cover in this training can vary by jurisdiction, four basic compo- nents have worked effectively in San Diego. “
used by domestic terrorists against construction sites). Agencies lacking enough sworn personnel to cover the time necessary to address community groups can turn to professional support employees or volunteers who have the appropriate skills and knowledge to provide this critical training. To this end, the California Commission on Peace Of-
1) A brief historical overview of terrorism, both interna- tional and domestic 2) A review of terrorism PIIs that members of the
ficer Standards and Training developed a train-the-trainer class and offered it to inter- ested individuals, including terrorism liaison and commu- nity services officers and other employees nominated by their departments. Conclusion It is time to include the community in law enforce- ment’s battle against the threat of terrorism. The profession must work to train residents to become its eyes and ears because officers simply cannot do it alone. Citizens need to know what to look for and how to effectively report it to the ap- propriate agency. Building law enforcement-community partner- ships can constitute the ultimate force multiplier. Education and training offered by law enforce- ment agencies to the communities they protect and serve could lead to a tip that might identify a critical player in a terrorist cell and provide law enforcement with the opportunity to disrupt, deter, or stop the next egregious attack on American soil. Endnotes 1 For additional information, access http://www.usaonwatch. org.
community may be in the terrorism may well position to observe comprise the ultimate
3) A discussion on the impor- force multiplier. tance of providing infor- mation that not only is accurate but also timely
4) An explanation of appropriate reporting pro- cedures, including instructions on who should receive the information This type of training requires few resources. Most of all, it needs instructors who feel passion- ately about building law enforcement-community partnerships and who are approachable, knowl- edgeable, and enthusiastic about the subject. Who should receive the training will depend on the jurisdiction. For example, San Diego has offered the training to community groups that request it and has proactively contacted special interest groups, such as shopping mall security companies (supplying training specific to basic terrorism and suicide-bomber prevention) and businesses that provide security services to construction sites (conducting training regarding recent arson tactics
Educating the public to recognize suspicious activities that could possibly relate to
April 2008 / 17
Laser Legal Issues Prosecuting Perpetrators By MADELYN I. SAWYER, M.A., and JOHN P. SULLIVAN
© Digitial Vision
Laser incidents are a current and emerging concern to the aviation and law enforcement commu- nities. When directed against aircraft cockpits, lasers, under certain conditions, can distract or impair the pilot and flight crew, posing a significant safety hazard. The continuance of acts tar- geting civil airliners and public safety helicopters highlights the importance of deterring laser incidents and demonstrates the need for statutory provisions
to enable prosecution for these acts under both federal and state statutes. Potential means of deterrence and threat miti- gation include restricting the sales of certain laser devices; amending or enacting criminal statutes regarding the use of lasers as weapons, as well as their use against flight opera- tions; providing pilots with laser eye protection; training pilots in laser countermeasures; expand- ing and enforcing laser-free zones proximate to airports; and educating law enforcement
officials and the public regard- ing the risks improper laser use poses to aviation.1 Federal Regulations and Criminal Statutes Over a decade ago, the aviation and law enforcement communities initiated the track- ing and documenting of lasing incidents against aircraft and helicopters in flight. Lasings have continued, yet progress in enacting statutes for the prosecution of individuals who point lasers at aircraft has been uneven. After informally tracking laser incidents for a decade, the Federal Aviation Administration (FAA) established a mechanism to record laser incidents through its operations center in Wash- ington, D.C. When pilots report a lasing incident to the center, it contacts the FBI and local law enforcement agencies.2 Despite these regulatory efforts, a specific federal laser 3 strike statute still is pending. This legislation would amend the federal criminal code to impose a fine or prison term of up to 5 years for any person who knowingly aims the beam of a laser pointer at an aircraft or its flight path. If enacted, this would create Title 18, U.S. Code, Section 39A, Aiming a Laser Pointer at an Aircraft. Currently, malicious use of lasers to interfere with aircraft can be prosecuted under the
18 / FBI Law Enforcement Bulletin
provisions of Title 18, U.S. Code, Section 32, Interfering with Flight Crews, or under the Patriot Act (P.L. 107-56) section pertaining to acts of violence directed against mass transpor- tation systems. State Criminal Statutes Several states, notably California, have specific statutes available to address laser strikes. The California Penal Code, for example, creates a felony for aircraft laser incidents and misdemeanor provisions for those interfering with aircraft. • California Penal Code Sec- tion 247.5: Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied is guilty of a violation of this section, which shall be punishable as either a misdemeanor by imprison- ment in the county jail for not more than 1 year or by a fine of $1,000 or a felony by imprisonment in the state prison for 16 months, 2 years, or 3 years or by a fine of $2,000. • California Penal Code Sec- tion 248: Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity capable of impairing the operation of an aircraft, at an aircraft
shall be punished by a fine not exceeding $1,000 or by imprisonment in a county jail not exceeding 1 year or by both that fine and imprisonment. Other California sections address pointing lasers at per- sons (CPC Section 417.25) and at peace officers (CPC Section 417.26) and prohibit sales of laser pointers to minors (CPC Section 417.27 [a]). Florida has similar provisions in Sec- tion 784.062: Assault; Battery; Culpable Negligence-Misuse of laser lighting devices, wherein subsection (3)(a) states that “Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individ- ual operating a motor vehicle, vessel, or aircraft commits a
felony of the third degree” and subsection (3)(b) holds that when “such act results in bodily injury commits a felony of the second degree.” Most recently, Ohio created a second-degree felony in Section 2909.081 where “No person shall know- ingly discharge a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight.” The Banach Incident The U.S. Attorney’s Office, District of New Jersey, success- fully prosecuted a Parsippany, New Jersey, man for pointing a laser into the cockpit of an aircraft on final approach to Teterboro Airport.4 On Decem- ber 29, 2004, a green laser (sig- nificantly more powerful than
Special Agent Sawyer, a former air traffic controller with the U.S. Navy, serves with the Federal Aviation Administration based in Los Angeles, California.
Lieutenant Sullivan serves with the Los Angeles County, California, Sheriff’s Department.
April 2008 / 19
Mitigating the Threat Several measures are available to deter, detect, and mitigate the impact of laser threats.6 • Restrict the sales of certain laser devices • Amend or enact criminal statutes regarding the use of lasers as weapons, as well as their use against flight operations • Provide pilots with laser eye protection, potentially problematic for helicopters but worthy of research • Train pilots, especially airborne law enforcement officers, in laser countermeasures • Expand and enforce laser-free zones proximate to airports • Educate law enforcement officials and the public regarding the risks improper laser use poses to aviation
a red one and readily available for less than $120) was pointed into the cockpit of a charter aircraft with six passengers. The windscreen and cockpit were illuminated three times during final approach with the aircraft traveling at a speed of approxi- mately 250 knots and an altitude of about 3,000 feet. Both pilots were disoriented and temporar- ily lost their night vision. Two days after the inci- dent, the pilots accompanied investigators in a Port Authority helicopter aerial surveillance flight to ascertain the laser location based on where the charter aircraft was at the time of illumination. During the helicopter’s flight, it also was illuminated by a green laser, which led authorities to the home of David W. Banach. Mr. Banach denied intentionally
aiming a laser at the aircraft, claiming first that his 7-year- old daughter was responsible and then later that he was using the laser to point out stars to the child on the night of the initial charter aircraft illumination. During subsequent inter- views, Mr. Banach recanted his explanation implicating his daughter and admitted to shin- ing the beam at the helicopter and at the charter aircraft. No charges were filed for the heli- copter incident because it was not considered a mass transit vehicle. Mr. Banach was charged with three counts under the Patriot Act, Title 18, Sections 1993, 1001, and 1002. Under count 1, Interference with Pilots of an Aircraft, he faced a potential sentence of 20 years
in prison. The Advisory U.S. Sentencing Guidelines allowed for a range of 18 to 24 months. As the guidelines were nonbind- ing, the judge imposed a sen- tence of 2 years’ probation. U.S. Attorney Christopher J. Christie stated, “We accept the sentence imposed on Mr. Ban- ach,…the needs of justice and deterrence had to be balanced. At no time did we believe Mr. Banach was involved in terror- ism or that he should face 20 years in prison. Nonetheless, his conduct posed an immediate threat to innocent lives…and Mr. Banach now stands as a convicted felon. Everyone is now on notice: anyone consid- ering such purposeful conduct can expect the full weight of federal prosecution and a potentially lengthy prison sentence.”5
20 / FBI Law Enforcement Bulletin
Conclusion Deterring and prosecuting criminal laser strikes against aircraft requires a unified effort among local, state, and federal law enforcement; cooperation with the Federal Aviation Administration; and awareness and collaboration with the aviation community. Such efforts are essential to ensure safety in the national airspace, to protect airborne law enforce- ment activities, and, ultimately, to help prevent air crashes and disasters resulting from criminal and potential future terrorist employment of laser weapons Cimprovised or otherwise. Indeed, the most successful way of denying terrorists the possibility of adopting this
“science fiction” weapons system is effective enforce- ment, prosecution, and preven- tion of laser crimes by routine criminals. In all of these cases, feasible deterrence and enforce- ment will benefit from the skill- ful and appropriate use of ef- fective state and federal statutes specifically crafted to address laser threats, coupled with an awareness by law enforcement and prosecutorial authorities of the content of the statutes and the nature of the threat. Endnotes 1 Adapted from Bart Elias, Lasers Aimed at Aircraft Cockpits: Background and Possible Options to Address the Threat to Aviation Safety and Security, Congres- sional Research Service, CRS Report for Congress, January 26, 2005.
2 Commercial laser devices are regu- lated by the Food and Drug Administra- tion, and enhanced provisions to restrict sales of more powerful lasers and more pronounced warning labels on all products may be warranted. 3 A House resolution (H.R. 1615), the “Securing Aircraft Cockpits Against Lasers Act of 2007,” was passed by the House and referred to the Senate on May 23, 2007. 4 Indictment in U.S. District Court, District of New Jersey-CJG/20050003; http://www.usdoj.gov/usao/nj/press/files/ pdffiles/Indbanach.pdf. 5 Press release, February 17, 2006, U.S. Attorney’s Office, District of New Jersey; http://www.usdoj.gov/usao/nj/press/files/ bana0217_r.htm. 6 For additional information, see Dan Lindsay and Robert J. Bunker, “The Laser Threat to California Airborne Law Enforcement,” The Journal of California Law Enforcement 34, no. 2 (March-April 2000): 16.
Tool Pen These photos show an item that appears to be a pen. Actually, it is an unusual weapon con- taining various metal blades and tool attachments that offenders may attempt to use against law enforcement officers.
Unusual Weapon
Leadership Spotlight
The Heart of Leadership The essence of leadership is not giving things or even providing visions. It is offering oneself and one’s spirit.
When most of us think back to the leaders we have encountered and worked with throughout our ca- reers, a few always stand out among the rest as exceptional. Over the years, I have noticed a common denominator in the leaders I admire the most—their desire and effort to help and serve others. The act of providing help to the people we work with takes significant personal time and energy (e.g., physi- cal, emotional, and psycho- logical) and a sincere yearn- ing to work toward the success of someone else. It also means potentially postponing or even disregarding our own desires, which can be difficult in a society that has a growing appetite for instant gratification and personal success. Before graduating from college, I re- ceived valuable advice from a professor who recommended I seek a veteran employee to mentor me in my first job. Of all the advice I received, this tidbit stuck with me the most. Just as he recommended, I found a person willing to take me under his wings. As it
—Lee Bolman and Terrence Deal turned out, this individual demonstrated a desire to help me (and others) beyond anything I ever had anticipated. Without realizing it, his actions literally taught me the importance of helping and serving others and, ultimately, deepened my personal faith. What made the help special? There were no ulterior motives, and no strings were attached. The advice given was free of charge, abundant, direct, and always presented in a way to promote my growth. This person clung to the philosophy that helping others was the highest form of leadership and only could be accomplished through one’s actions, not by words alone. If you are a leader or aspire to be one, con- sider taking time in your career to help those within your circle of influence. The contribu- tions of one person to the success of another equates to a lifetime of achievement built on a foundation of true and lasting success. This is the heart of leadership. Christopher Lenhard, program leader over the University Edu- cation Program’s sabbatical component within the Leadership Development Institute, prepared this Leadership Spotlight.
22 / FBI Law Enforcement Bulletin
Legal Digest
Criminal Speech Inducement and the First Amendment By MARTIN J. KING, J.D.
© Photos.com
The First Amendment unlawful acts.”3 The law recog- provides that Con- gress shall make no law abridging the freedom of speech, press, or assembly.2 However, these “freedoms are themselves dependent upon the power of a constitutional gov- ernment to survive,” and if the government is to survive, “it must have the power to protect itself against unlawful conduct and, under some circumstances, against incitements to commit
nizes that certain public dangers must be curtailed before they are realized or even imminent. Accordingly, early interven- tion and disruption of potential criminal activity at the stage of planning, organizing, and pre- paring are central components of law enforcement strategies designed to protect the pub- lic from harm.4 This article examines the extent to which the First Amendment permits
April 2008 / 23
“It remains fundamental that while the state may not criminalize the expression of views—even includ- ing the view that violent overthrow of the government is desirable—it may nonetheless outlaw encour- agement, inducement, or conspir- acy to take violent action.”1
preventative prosecution based on speech intended to persuade or induce others to engage in unlawful conduct. Preparation to commit a criminal act can itself be a criminal violation under con- spiracy, attempt, or other provi- sions of federal criminal law defining preparatory crimes. Among these, Title 18, U.S. Code, Section 373 comes closest to a general prohibition of incitement by making it a crime to “solicit,” “command,” “induce,” or “otherwise endeav- or to persuade” another person to commit a crime of violence.5 Crimes that induce the commis- sion of criminal activity may implicate free speech principles because they characteristically are committed by speech advo- cating, advising, or teaching, albeit with the intent of causing a specific criminal objective.6 Although courts vigilantly
will ensure that prosecutions are not based improperly on the mere expression of unpopu- lar ideas, if the evidence shows that speech crossed the line into criminal solicitation, procurement of criminal activ- ity, or conspiracy to violate the laws, then prosecution is permissible.7 Preventative Prosecution: The Concept of Inchoate Crimes The three main forms of inchoate crimes are attempt, solicitation, and conspiracy.8 Inchoate offenses allow law enforcement officials to prevent the consummation of substan- tive criminal offenses by per- mitting anticipatory intervention once an individual’s actions sufficiently have manifested intent.9 Like a completed offense, an inchoate offense requires that a defendant
engage in prohibited conduct (actus reus)—which can be limited to certain forms of speech—coupled with the requisite mental state (mens rea). Unlike the actus reus in a completed offense, however, the proscribed conduct in an inchoate offense is not prohibit- ed because of its harmful effect but because it sufficiently demonstrates a purpose to act in furtherance of a criminal intent.10 The mens rea for inchoate crimes, therefore, is the specific intent to commit a particular completed offense, or target or object of crime. Inchoate crimes focus on the mental state of the actor and render the prohibited conduct ancillary in the sense that it only serves to demonstrate the likelihood that the actor would have done everything necessary to realize the criminal intent.11 Nevertheless, it must be empha- sized that the attempt, solicita- tion, or act in furtherance of a conspiracy never is criminal in the abstract. Rather, criminality arises only when the inchoate conduct has the violation of some other law as its specifi- cally intended objective. In this way, prosecution of inchoate crimes protects the public from harm by preventing the consum- mation of substantive offenses when an individual’s actions have demonstrated a serious intent to cause a criminal act to occur.12
“Crimes that induce the commission of criminal activity may implicate free speech principles because they are characteristically committed by speech advocating, advising, or teaching…. ” Special Agent King is a legal instructor at the FBI Academy.
24 / FBI Law Enforcement Bulletin
First Amendment Principles The First Amendment’s guarantee of freedom of expres- sion is sweeping but not abso- lute. The categories of speech that do not receive constitu- tional protection include ob- scenity,13 defamation,14 fighting words,15 and words likely to in- cite imminent lawless action.16 The seminal case on incite- ment is Brandenburg v. Ohio,17 in which the U.S. Supreme Court overturned a conviction based on the Ohio Criminal Syndicalism Act because it punished “mere advocacy” as “distinguished from incitement to imminent lawless action.”18 Clarence Brandenburg, who was the leader of a Ku Klux Klan group, was charged with advocating the “necessity, or propriety of crime, violence, or unlawful methods of terror- ism as means of accomplishing political reform”19 as a result of a speech he made at a Klan rally in which he proclaimed that “if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it’s possible there might have to be some revengence taken.”20 Although the principle of freedom of speech does not sanction incitement to com- mit crimes, “the mere abstract teaching…of the moral propriety or even moral necessity for a re- sort to force and violence, is not the same as preparing a group for violent action and steeling it to such action.”21
A few years later, in Hess v. Indiana,22 the Supreme Court emphasized that the test enunci- ated in Brandenburg requires a factual basis to distinguish abstract expression from the concrete use of expression to effectuate prohibited conduct. In Hess, the defendant, who was among a crowd of protes- tors being lawfully dispersed by police during an antiwar rally, was arrested for loudly pro- claiming, “We’ll take the… street later.”23 Witnesses who overheard the statement testified
statement “amounted to nothing more than advocacy of illegal action at some indefinite future time.”24 Furthermore, the Court reasoned that “[s]ince the uncontroverted evidence showed that Hess’ statement was not directed to any person or group of persons, it cannot be said that he was advocating, in the normal sense, any ac- tion.”25 The Brandenburg test, in other words, requires both an intent and likelihood that the expression in question— advocacy of the use of force or of law violation—will pro- duce imminent unlawful action.26 Federal courts consistently have applied the Branden- burg test to find speech that advocates, teaches, or justifies lawless action in an abstract way is fully protected under the First Amendment, so long as the speech is not directed to incit- ing imminent lawless action, and such protection endures even if it can be demonstrated that the speaker hopes that
…criminality arises
only when the
inchoate conduct
has the violation of some other law as its specifically intended objective.
that Hess did not appear to be exhorting the crowd to go back
someday such lawlessness may 27
into the street, that his statement did not appear to be addressed to any particular person or group, and that his tone, al- though loud, was not louder than that of other people in the area. The Court held that Bran- denburg prohibited the state from punishing this alleged advocacy of illegality as a form of disorderly conduct, principal- ly because the defendant’s
occur. For example, in Mc- Coy v. Stewart,28 a federal court of appeals affirmed a grant of habeas corpus for a conviction based on speech concerning gang-related activity because it was nothing more than abstract advocacy of overarching gang philosophy, which lacked the necessary intent to further or promote criminal acts.29 As the court explained:
April 2008 / 25
The circumstances of Mc- Coy’s speech—interspersed at a barbecue and a social party, while Bratz members were drinking, chatting and listening to music—made it unlikely anyone would act on it imminently. Moreover, his advice was very general. Mc- Coy’s ideas…were abstract in that they were not aimed at any particular person or any particular time…. In addition, McCoy’s suggestion that the Bratz tag up the neighbor- hood to let their presence be known was given without any recommendation as to how or when to place the graffiti. Because McCoy’s speech to the Bratz, like the protestor’s speech in Hess, at most ad- vocated lawlessness at some future indefinite time, and did not incite lawlessness, it was protected by the First Amendment.30 The court’s analysis in Mc- Coy comports with the prevail- ing view that incitement as a particular form of unprotected advocacy can be punished only if the government can establish that the speaker intended to further an illegal aim through knowing affiliation with persons likely to be immediately ani- mated by the speech. Advocat- ing criminal gang activity by suggesting that it would be a good idea to “tag up” the neigh- borhood undoubtedly carries with it some potential for harm.
However, the role of the free speech principle is to insulate the sphere of expression from legal restrictions based on the determination that the negative consequences of speech may prevail only marginally over the positive ones.31 The harm result- ing from expressing a point of view may be mitigated by the expression of contrary views, by the fact that people have the good sense and strong enough moral values not to adopt harm- ful views, and by the fact that harmful opinions will disqualify themselves from general ac- ceptance when people realize the negative consequences of acting on them.32 Because the expression of viewpoints typi- cally is subject to a number of harm-mitigating factors, the net harm of advocacy usually is low. This supports the idea that the government should refrain from regulating viewpoints and explains the “imminent-incite- ment” requirement imposed by Brandenburg.
Of course, speech that does more than express a point of view also can be a form of crim- inal conduct not subject to First Amendment protection.33 In this regard, a discernable distinction exists between incitement that likely will result in unlawful activity in the immediate future and speech uttered with crimi- nal intent but not necessarily resulting in an imminent viola- tion of the law. For example, speech in the form of purpose- ful instruction for criminal conduct can support liability for aiding and abetting unlawful activity in both the criminal and civil contexts if a crime actually eventuates from the instruc- tion.34 Among the most well known speech-based aiding and abetting cases is Rice v. Paladin Enterprises, Inc., in which rela- tives of a murder victim brought a wrongful death action against the publisher of Hit Man: A Technical Manual for Indepen- dent Contractors because it gave “detailed factual instruc- tions on how to murder and to become a professional killer” and allegedly incited the actual murder.35 Clearly, Hitman was not abstract advocacy, and, indeed, an extraordinary aspect of the case was Paladin’s stipu- lations that it not only knew its instructions might be used by murderers but it actually intended to provide assistance to would-be murderers upon receipt—in fact, that it assisted
© Banana Stock
26 / FBI Law Enforcement Bulletin
in the commission of the crime at issue.36 Nevertheless, the district court granted Paladin’s motion for summary judgment and dismissed plaintiffs’ claims that Paladin aided and abetted the commission of the murder, holding that these claims were barred by the First Amendment as a matter of law.37 On appeal, the court specifi- cally rejected the claim that the publication was protected under the Brandenburg doctrine, observing that the Supreme Court has recognized “that one obviously can prepare, and even steel, another to violent action not only through the dissident ‘call to violence,’ but also through speech, such as instruc- tion in the methods of terror or other crime, that does not even remotely resemble advocacy, in either form or purpose.”38 The court acknowledged that to pre- vent the punishment or even the chilling of innocent, lawfully useful speech, the First Amend- ment may in some contexts stand as a bar to the imposition of liability on the basis of mere knowledge that the information imparted could be misused to advance criminal activity. In- deed, the court in Paladin noted that Hitman not only contained detailed and specific instruc- tions but also was distributed to a narrow target audience.39 An evidentiary requirement of purposeful, concrete action intended to further criminal
activity might be particularly important to reduce exposure to liability of those who publish, broadcast, or distribute informa- tion to large, undifferentiated audiences. At the same time, a specific intent requirement does not relieve from liability those who would, for profit or other motive, intentionally assist and encourage crime and then seek refuge in the Constitution:
publish, by traditional means or even on the Internet, the necessary plans and instruc- tions for assassinating the President, for poisoning a city’s water supply, for blow- ing up a skyscraper or public building, or for similar acts of terror and mass destruction, with the specific, indeed even the admitted, purpose of assisting such crimes—all with impunity.40
The principle identified in Brandenburg is that the con- stitutional guarantees of free speech do not permit the gov- ernment to proscribe advocacy “except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”41 When speech takes the form of advocacy—that is, when it appears to be expressed for the purpose of influencing beliefs—the imminent-incite- ment test is justified as a means to separate abstract expression of ideas from speech likely to cause injury. The same immi- nence requirement does not nec- essarily apply to speech intend- ed to facilitate the commission of a crime in a concrete way by, for example, performing a teaching or instructional func- tion.42 When speech is designed to help bring about criminal activity and eventually does so, the speaker may be guilty of aiding or abetting the commis- sion of the completed offense.
The categories of speech that do
not receive constitutional protection include… words likely to incite imminent lawless action.
Like our sister circuits,
at the very least where a
speaker—individual or media—acts with the purpose of assisting in the commis- sion of crime, we do not believe that the First Amend- ment insulates that speaker from responsibility for his actions simply because he may have disseminated his message to a wide audience. Were the First Amendment to offer protection even in these circumstances, one could
April 2008 / 27
When speech is specifically intended to induce another to engage in criminal activity, the request or command itself may constitute an inchoate crime, such as conspiracy or solicita- tion, even when a follow-up vi- olation is not imminent. At least one justice of the U.S. Supreme Court has observed that “long range planning of criminal enterprises—which may include oral advice, training exercises, and perhaps the preparation of written materials—involves speech that should not be glibly characterized as mere ‘advo- cacy’ and certainly may create significant public danger.”43 The Crime of Solicitation In attempting to discern the sometimes hazy border- line between constitutionally protected expression of beliefs from unprotected inducement of criminal activity, an essential task is to distinguish speech that simply conveys an idea to another person (that later might be acted upon) from speech that amounts to actual participation in the performance of an illegal act.44 The federal criminal code contains a provision, at Title 18, U.S. Code, Section 373, that serves as a general prohibition on the solicitation of violent criminal activity and may serve to illustrate how lines are drawn in this area. Section 373 pro- vides, in pertinent part, that:
Whoever, with intent that another person engage in conduct constituting a felony that has as an ele- ment the use, attempted use, or threatened use of physi- cal force against property or against the person of another in violation of the laws of the United States, and un- der circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall © Digital Stock be imprisoned not more than one-half the maximum term of imprisonment or…fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punish- able by life imprisonment or death, shall be imprisoned for not more than twenty years.45 Solicitation proscribed by this statute often will take the form of speech inasmuch as the
phrase “otherwise endeavors to persuade” is intended to be construed broadly to cover any situation “where a person seri- ously seeks to persuade another person to engage in criminal conduct.”46 Criminal “solicita- tion” and “incitement” are not necessarily synonymous terms. Unlike incitement, the solicita- tion statute does not impose limits on the immediacy and likelihood of the completed crime. Rather, to be convicted of solicitation, it is sufficient to show that a speaker is serious about crimes of violence being carried out.47 Solicitation is an offer or invitation to another to commit a crime with the intent that the crime be committed. The crime is complete once a verbal or other form of re- quest is made with the requisite criminal intent. Solicitation is an inchoate crime, rather than a form of advocacy. The harm is in asking, irrespective of the reaction of the person solicited, and the crime of solicitation is completed by the solicita- tion itself, whether or not the object of the solicitation ever is achieved, any steps are taken toward accomplishing it, or the person solicited immediately rejects it.48 By its terms, the federal so- licitation statute requires proof of intent that another person engage in violent unlawful conduct, and the circumstances must strongly corroborate that
28 / FBI Law Enforcement Bulletin
intent. Examples of circum- stances strongly corroborative of intent as required for a conviction for soliciting a crime of violence “include the defen- dant offering payment or anoth- er benefit in exchange for com- mitting the offense; repeatedly soliciting or discussing at length in soliciting the commission of the offense, or making explicit that the solicitation is serious; believing or knowing that the person solicited had previously committed similar offenses; and acquiring weapons, tools or information for use in com- mitting the offense, or making other apparent preparations for its commission.”49 Persuasion accompanied by an induce- ment, such as a money payment (e.g., murder for hire)50 or an explicit or implicit threat or command evidences sufficient criminal intent and should raise no significant First Amend- ment issue. However, solicita- tion cases involving persuasion taking the form of advocacy or urging of unlawful action without adequate evidence of inducement could be subject to First Amendment challenges under the Brandenburg doc- trine. There clearly is potential for ambiguity in this area, but charges based on advocacy of criminal activity without more could implicate imminence requirements. Line drawing is most dif- ficult, perhaps, in cases involv- ing terrorist religious speech.51
Exhortations to violence by radical clerics to a body of followers may exhibit aspects of advocacy and religious exercise, both of which are protected by the First Amendment.52 Even to the extent that they are subject to First Amendment protec- tions, “[s]ermons in all religions are by their nature not mere speeches that advocate ideas in the abstract but exhortations
The prosecution of Sheik Omar Abdel Rahman may serve to illustrate this point. Sheik Abdel Rahman, an Islamic scholar and cleric, was con- victed for actions arising out of a wide-ranging plot to conduct a campaign of urban terrorism.54 The conviction rested substan- tially on sermons and discus- sions whereby Abdel Rahman instructed his followers to plan for violent criminal activity. On appeal, his lawyers argued that he was improperly convicted based on the inflammatory content of his speech and for his religious beliefs, both of which should have been protected under the First Amendment. In rejecting this argument and up- holding the conviction, the U.S. Court of Appeals for the Second Circuit pointed out that freedom of speech and religion do not extend so far as to bar prosecu- tion of one who uses a public speech or a religious ministry to commit crimes.55 The evidence justifying Abdel Rahman’s conviction showed beyond a reasonable doubt that he crossed the line that separates protected speech from criminal conduct. His speeches were not simply the expression of ideas; in some instances they constituted the crime of conspiracy to wage war on the United States (Title 18, U.S. Code, Section 2384) and solicitation of attacks on U.S. military installations, as well as of the murder of
…to be convicted of solicitation, it is
sufficient to show that a speaker is serious about crimes of violence being carried out.
designed to encourage action.
Congregants do not listen to
these teachings solely out of academic interest or for enter- tainment. Religion moves fol- lowers to act on their beliefs.”53 The question, then, is when does exhortation become crimi- nal inducement? The answer appears to lie at the point where adequate evidence exists to support the conclusion that the speech is more than ideological or rhetorical because it is com- municated such that followers would perceive a serious intent to carry out the violent criminal activity urged upon them.
April 2008 / 29
Egyptian President Hosni Mubarak (Title 18, U.S. Code, Section 373).56 For example, Abdel Rahman told one of his followers that he “should make up with God…by turning his rifle’s barrel to President Mubarak’s chest, and kill[ing] him.”57 On another occasion, speaking to a follower about murdering President Mubarak during his visit to the United States, Abdel Rahman said “Depend on God. Carry out this operation. It does not require a fatwa…. You are ready in training, but do it. Go ahead.”58 The evidence further showed that when a follower consulted with Abdel Rahman about the bombing of the United Nations Headquarters, Rahman told him, “yes, it’s a must, it’s a duty.”59 On another occasion, when Abdel Rahman was asked by a different follower about bombing the United Nations, he counseled against it on the ground that it would be “bad for Muslims” but added that the follower should instead “find a plan to destroy or to bomb or to…inflict damage to the Ameri- can Army.”60 The court conclud- ed that words of this nature that instruct, solicit, or persuade others to commit crimes of violence violate the law and may be properly prosecuted regardless of whether uttered in private, in a public speech, or in administering the duties of a religious ministry.61
Conclusion A person cannot be convict- ed on the basis of beliefs or the expression of them even if those beliefs favor violence. In Bran- denburg, the Supreme Court held that the government may not criminalize advocacy of the use of force or violence except where such advocacy is directed at inciting imminent lawless action and is likely to do so. Speech or expressive conduct that does not incite imminent action but also does not amount to advocacy can be punished without violating the consti- tutional rights of the speaker when the speech exhibits an unambiguous and serious inten- tion to commit or induce the commission of a violent crime. Far from merely attempting to influence beliefs, such speech constitutes a step toward com- pleted violence. “Speech is not protected by the First Amend- ment when it is the very vehicle of the crime itself.”62
Endnotes 1 Million Youth March, Inc. v. Safir, 63 F. Supp. 2d 381, 390 (S.D.N.Y. 1999) (cit- ing U.S. v. Rahman, 189 F.3d 88, 115 (2nd cir. 1999), cert denied; Nosair v. U.S., 528 U.S. 982 (1999), et seq. 2 The First Amendment provides that “congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or of abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” U.S. Const., Amend. I. 3 American Communications Ass’n., C.I.O. v. Douds, 339 U.S. 382, 394 (1950). 4 See, e.g., National Strategy for Homeland Security, Homeland Security Counsel, October 2007; (retrieved from http://www.dhs.gov/xlibrary/assets/nat_ strat_homelandsecurity_2007.pdf). The terrorist attacks on September 11, 2001, were acts of war against the United States and the principles of freedom, opportunity, and openness that define the American way of life. Today, homeland security is principally defined as a concerted national effort to prevent terrorist attacks within the United States. 5 18 U.S.C. § 373(a). 6 See, e.g., Model Penal Code § 5.02(1)(“A person is guilty of solicitation to commit a crime if with the purpose of facilitating its commission he commands, encourages, or requests another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime, or would establish his complicity in its commission or attempted commission.”). 7 189 F.3d. at 117. 8 See, Model Penal Code §§ 5.01 (criminal attempt), 5.02 (criminal solicita- tion), 5.03 (criminal conspiracy); Mizrahi v. Gonzales, 492 F.3d. 156, 160-61 (2nd Cir. 2007). 9 “Terrorist Financing,” U.S. Attorney’s Bulletin, 51, no. 4 (July 2003): 6; (re- trieved from http://www.usdoj.gov/usao/ eousa/foia_reading_room/usab5104.pdf).
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30 / FBI Law Enforcement Bulletin
10 Double Inchoate Crimes, 26 Harv. J. on Legis. 1, 7-9 (1989). 11 Id. 12 Id. 13 Sable Communications of California, Inc. v. F.C.C., 492 U.S. 115 (1989). 14 Beuharnais v. Illinois, 343 U.S. 250 (1952). 15 Chaplinsky v. New Hampshire, 315 U.S. 568 (1952). 16 Brandenburg v. Ohio, 395 U.S. 444 (1969). There is a distinction between laws that criminalize threatening speech based on its content and laws that criminalize the incitement of illegal activity beyond the speech itself. In Virginia v. Black, 538 U.S. 343 (2003), the court held that a state may ban cross burning carried out with the intent to intimidate but that a provision in the Virginia statute treating any cross burn- ing as prima facie evidence of intent to intimidate violated the First Amendment. Id. at 358-59. With respect to criminal- izing threatening speech, “the speaker need not actually intend to carry out the threat. Rather, a prohibition on so-called true threats is justified when it ‘protect[s] individuals from the fear of violence’ and ‘from the disruption that fear engenders,’ in addition to protecting people ‘from the possibility that the threatened violence will occur.’” Id. at 360 (citing R.A.V. v. City of St. Paul, 505 U.S. 377, 388 (1992)). How- ever, as Black demonstrates, there may be circumstances, such as when conducted on private property in connection with a KKK rally, when even the inherently offensive act of cross burning is a form of protected expression. Accordingly, the constitu- tional status of legislation that purports to regulate hate speech or threatening speech based on the content of the speech itself may be less than clear. In contrast, statutes that criminalize speech that incites violent illegal action usually do not pose constitu- tional problems. 17 Id. 18 Id. at 449. 19 Id. at 449, FN 3. 20 Id. at 446. 21 Id. at 448 (quoting Noto v. United States, 367 U.S. 290 (1961)).
22 414 U.S. 105 (1973). 23 Id. at 107. 24 Id. at 108. 25 Id. at 108-09. 26 See, Ashcroft v. Free Speech Coali- tion, 122 S. Ct. 1389 (2002) (The mere tendency of speech to encourage unlawful acts is not a sufficient reason for banning it.). 27 See, e.g., U.S. v. Damon, 676 F.2d 1060 (5th Cir. 1982); Alliance to End Re- pression v. City of Chicago, 742 F.2d 1007 (7th Cir. 1984); Gay Lesbian Bisexual Alliance v. Pryor, 110 F.3d 1543 (11th Cir. 1997). 28 282 F.3d 626 (9th Cir. 2002), cert. denied, 537 U.S. 993 (2002) (see, note 41 below). 29 Id. at 631. 30 Id. at 631-32.
Amendment and faces penalties under the criminal law.”). 34 In the federal criminal code, aiding and abetting is encompassed as a rule of criminal culpability at 18 U.S.C. § 2(a), which provides: “Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission is punishable as a principle.” To convict for aiding and abetting a criminal offense, the evidence must establish that the offense actually was committed. See, e.g., U.S. v. Korab, 893 F.2d 212, 213 (9th Cir. 1989). 35 Rice v. Paladin Entreprises, Inc., 128 F.3d 233, 239 (4th Cir. 1997). 36 Id. at 242. 37 Id. 38 Id. at 265 (internal citation omitted). 39 Id. at 247. 40 Id. at 248. 41 395 U.S. 444, 447. 42 For example, 18 U.S.C. § 231(a)(1) prohibits a discrete type of conduct involv- ing expression by making it a crime to teach or demonstrate the use, application, or making of any firearm, explosive, or incendiary device, as well as any tech- nique capable of causing injury or death to persons, knowing, having reason to know, or intending that the same will be unlawfully used in furtherance of a civil disturbance. See, U.S. v. Featherstone, 461 F.2d 1119 (5th Cir. 1972), cert. denied, 409 U.S. 991. Specific teaching or instruction of particular persons also can constitute the crime of aiding and abetting various different completed offenses. See, U.S. v. Knapp, 25 F.3d 451, 457 (7th Cir. 1994); U.S. v. Rowlee, 899 F.2d 1275 (2nd Cir. 1990); U.S. v. Buttorf, 572 F.2d 619 (8th Cir. 1978) (all holding that persons who counsel and assist others to file false or fraudulent tax returns act outside the zone of mere advocacy protected under the Brandenburg doctrine). 43 Stewart v. McCoy, 537 U.S. 993, 994 (2002) (statement of J. Stevens respect- ing the denial of the petition for writ of certiorari). 44 See, 1997 Report on the Availability of Bombmaking Information (prepared
A person cannot be convicted on the
basis of beliefs or the expression of them even if those beliefs favor violence.
31 See W. Sadurski, Freedom of Speech and Its Limits (Norwell, MA: Kluwer
Academic Publishers, 2002), 69. 32 Id.
33 See, A Test For Criminally Instruc- tional Speech, 91 Virginia Law Rev. 1973, 1987-91 (2005) (“[M]ere advocacy does not intend to foster lawless action, is not likely to do so, or both. In each case, it is completely protected. Incitement, by con- trast, both intends to foster lawless action and is likely to do so. It is unprotected. Finally, speech that aids and abets both in- tends to foster lawless action and actually does so. It too is unprotected by the First
April 2008 / 31
by the U.S. Department of Justice as required by section 709(a) of the Antiter- rorism and Effective Death Penalty Act of 1996) (hereinafter: Bombmaking Report) (retrieved from http://www.cybercrime. gov/bombmakinginfo.html) (“This critical distinction—between advocacy of unlawful conduct on the one hand, and ‘instructions’ for unlawful conduct, on the other—was recognized by Professor Thomas Emerson in his seminal treatise on the First Amendment: [C]onduct that amounts to ‘advice’ or ‘persuasion’ should be protected; conduct that moves into the area of ‘instructions’ or ‘preparations’ should not. The essential task would be to distinguish between simply conveying an idea to another person, which idea he later may act upon, and actually participating with him in the performance of an illegal act. It is true that the distinction does not offer automatic solutions and that courts could easily disagree on any particular set of facts. But this process of decision making is related to the nature of ‘expres- sion’ and the functions and operation of a system of freedom of expression. It is therefore a rational method of approaching the problem. Thomas Emerson, The System of the Freedom of Expression 75 (1970).”). 45 18 U.S.C. § 373(a) (Thompson/West 2007). 46 United States v. Buckalew, 859 F.2d 1052, 1054 (1st Cir. 1988) (quoting S. Rep. No. 307, 97th Cong., 1st Sess. 183-84 (1982)). 47 See, U.S. v. Sattar, 272 F. Supp. 2d 348, 374 (S.D.N.Y. 2003) (In upholding the sufficiency of an indictment of a mem- ber of a group engaged in international ter- rorism, known as The Islamic Group, aka Gam’a al-Islamiyya, et. al (IG), for violat- ing 18 U.S.C. § 373, the court said: “The defendant’s arguments that the allegations are insufficient in that they fail to show that Sattar was serious about the crimes of violence being carried out is also without merit. The allegations that Sattar partici- pated in drafting and distributing the fatwa and disseminating Sheik Abdel Rahman’s renunciation of IG’s cease fire are far more
specific as to his intent than the example posed by the defendant of someone who shouts ‘kill the umpire.’” 48 The crime of solicitation under 18 U.S.C. § 373 potentially is distinguishable from other conspiracy crimes that may be committed by speech but also must be accompanied by overt acts of co-conspira- tors that were animated by the speech. For example, 18 U.S.C. § 2384 prohibits seditious conspiracy. See, Rahman, 189 F.3d at 114-15. Sheik Abdel Rahman was convicted of violating both § 2384 and § 373 for his involvement in a terrorist conspiracy involving conspiracy to bomb buildings and soliciting assassination. More recently, Ali Al-Timini was con- victed in 2005 and received a life sentence following indictment under both § 373 and § 2384 for soliciting others to engage in a conspiracy to wage war against the United States. See, U.S. v. Khan, 309 F. Supp. 2d 789, 821 (E.D. Va 2004), U.S. v. Chandia, 2008 WL 186180, FN1 (4th Cir. 2008). Khan was convicted for acting upon Al-Timini’s urging to fight for the Taliban against the United States and actually took some overt acts in furtherance of that suggestion. 49 U.S. v. Hale, 448 F.3d 971, 983 (7th Cir. 2006). 50 See, e.g., U.S. v. Devorkin, 159 F.3d 465 (9th Cir. 1996) (Upheld a conviction for solicitation, 18 U.S.C. § 373, where the underlying felony solicited was murder for hire, under 18 U.S.C. § 1958. Com- pare, U.S. v. Chong, 419 F.3d 1076 (9th cir. 2005) (Murder for hire requires as an element of the offense a promise or agree- ment to pay something of pecuniary value in exchange for seeking a murder). The involvement of a money payment is not a necessary element of the crime of solicita- tion but the existence of a payment or an agreement to pay money is evidence that strongly corroborates intent that a crime of violence be committed). 51 For a treatment of the complexity added when free exercise principles are in- tertwined with minatory religious speech, see, e.g., Terroristic Speech: Giving the
Devil the Benefit of the First Amendment Free Exercise and Free Speech Clauses, 28 SHLR 1230 (1998). 52 See, Incitement in the Mosques: Testing the Limits of Free Speech and Reli- gious Liberty, 27 WTLR 3, 29-30 (2005). 53 Id. at 63. 54 189 F.3d at 103. See also, United States v. Salameh, 152 F.3d 88 (2d Cir. 1998) (affirming convictions of all four defendants). 55 Id at 117. 56 Id. 57 Id. 58 Id. See also, Id. at 104 (“The govern- ment adduced evidence at trial showing the following: Abdel Rahman, a blind Islamic scholar and cleric, was the leader of the seditious conspiracy, the purpose of which was jihad, in the sense of a struggle against the enemies of Islam. Indicative of this purpose, in a speech to his followers, Abdel Rahman instructed that they were to ‘do jihad with the sword, with the can- non, with the grenades, with the missile… against God’s enemies.’ Govt. Ex. 550 at 22. Abdel Rahman’s role in the conspiracy generally was limited to overall supervi- sion and direction of the membership, as he made efforts to remain a level above the details of individual operations. However, as a cleric and the group’s leader, Abdel Rahman was entitled to dispense fatwas, religious opinions on the holiness of an act, to members of the group sanctioning proposed courses of conduct and advising them whether the acts would be in further- ance of jihad”). 59 Id. 60 Id. 61 Id. 62 128 F.3d 233, 244 (citing U.S. v. Va- rani) 435 F.2d. 758, 762 (6th Cir. 1970). Law enforcement officers of other than federal jurisdiction who are interested in this article should consult their legal advisors. Some police procedures ruled permissible under federal constitutional law are of questionable legality under state law or are not permitted at all.
32 / FBI Law Enforcement Bulletin
The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each challenge freely and unselfishly while answering the call to duty. In certain instances, their actions warrant special attention from their respective departments. The Bulletin also wants to recognize those situations that transcend the normal rigors of the law enforcement profession.
Officer David Chaulklin of the Division of Capitol Police in Richmond, Virginia, responded to a report of a man contemplating suicide on the roof of a seven-level parking deck. When Officer Chaulklin arrived, a security guard informed him that the individual was sitting on the top ledge and not responding. After Officer Chaulklin made contact, the man advised that he was having a bad day, turned his back, and placed his legs over the ledge. Quickly, Officer Chaulklin grabbed him around the waist, pulled him to the ground, and secured him with the assistance of the security guard. Later, of- ficers recovered a loaded 20-gauge shotgun from the individual’s vehicle.
Officer Chaulklin
Agent Strand
Trooper Vanderport
Sergeant Klein
One morning, Agent Joe Strand of the U.S. Customs and Border Protection, Trooper Steve Vanderport of the Minnesota State Patrol, and Sergeant Jeff Klein of the Roseau, Minnesota, Police Department responded to call of an infant not breathing. Knowing that the ambulance would take time to arrive, the of- ficers rushed to the scene. Upon
arrival, the officers confirmed that the 4-month-old infant was not breathing and had no heart- beat. Immediately, they began CPR. Agent Strand performed rescue breathing, Trooper Vander- port provided chest compressions, and Sergeant Klein maintained telephonic communication with the ambulance crew and attended to the child’s mother. After several minutes, their efforts were rewarded when the baby began breathing on his own and showing a weak pulse. The ef- forts of Agent Strand, Trooper Vanderport, and Sergeant Klein saved this baby’s life.
Nominations for the Bulletin Notes should be based on either the rescue of one or more citizens or arrest(s) made at unusual risk to an officer’s safety. Submissions should include a short write-up (maximum of 250 words), a separate photograph of each nominee, and a letter from the department’s ranking officer endorsing the nomination. Submissions should be sent to the Editor, FBI Law Enforcement Bulletin, FBI Academy, Law Enforcement Communication Unit, Hall of Honor, Quantico, VA 22135.
U.S. Department of Justice Federal Bureau of Investigation FBI Law Enforcement Bulletin 935 Pennsylvania Avenue, N.W. Washington, DC 20535-0001 Official Business Penalty for Private Use $300
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The patch of the Defiance, Ohio, Police De- partment depicts the city as it began. In 1794, General “Mad” Anthony Wayne established Fort Defiance as a base for operations against all op- posing forces. The city derived its name from this pioneer fort.
The Pierre, South Dakota, Police Department serves the state capital. The agency’s patch fea- tures the state capitol building and a shield with the colors of the United States. Red symbolizes cour- age, strength, and valor; white stands for peace and truth; and blue signifies vigilance, perseverance, and justice.
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