Controlling_Organized_Crime

1 Controlling Organized Crime June 17, 2013 2 When people think about organized crime, the majority of them go straight to the stories seen and heard on television about the mafia. The truth of the matter is organized crime reaches far beyond any mafia and the threat is very real and very dangerous. What follows will explore the issues of organized crime, the legal limitations faced when combating organized crime, and suggestions on ways to take more control over organized crime by evaluating the effectiveness of major federal laws aiding in the combat of organized crimes. Organized Crime Organized crime groups have been around since the beginning. These groups are highly organized and efficient in what they do. Such criminal organizations are responsible for human trafficking and the illegal entry of residents from Mexico. The Mexican border sees violent criminal enterprises with organized crime syndicates smugglings drugs, humans, weapons, and cash, (The Dark Side of Illegal Immigration-Impacts of Illegal Immigration: Crime). Such organizations are the reason there is violence and illegal contraband and drugs available in cities across the nation. Organized crime is widespread criminal activity that occurs within a centrally controlled formal structure, (thefreedicitonary.com). Criminals have a tendency to associate with other criminals. Some criminal’s desire wealth, others desire power, and still others desire to obtain both. Having these common goals is what makes criminal organizations so successful. They work together in a strict organized fashion to reach a common goal, providing each other with protection and a promise of success. Problems Caused by Organized Crime 3 Racketeering is a form of organized crime. This kind of criminal activity includes bribery, extortion, embezzlement, fraud, counterfeiting, theft, obstruction of justice, and money laundering. When dealing with this kind of organized crime power struggles come into play. Political candidates want votes; criminal organizations will provide those votes in exchange for protection from prosecution. Organizations have the ability to influence government leaders and political players through corruption resulting in the disruption of the proper process. A victimless crime is defined as such that the offenses being committed do not directly cause the injury or death of anyone involved and that all those involved are consenting to the activity. Prostitution, gambling, and drug related crimes are just a few examples of victimless crimes. These criminal activities have high demand and so result in problems of a more personal nature. Things like loss of income, broken marriages/families, disease, or addictions are all examples of the problems these crimes create. Theft or fencing is a popular crime among criminal organizations. Organizations involved with theft dip their hands in retail theft, grand theft auto, fraud, and interstate theft. Organized fencing rings impact the economy because products in high demand are offered at a lower cost but done so illegally and therefore result in currency not processing through the economy. These organizations cause the loss of billions of dollars in profit for legit businesses and a loss of tax revenue for local, state, and federal governments, (fbi.gov). Gangs are the most popular form of organized crime. As defined by the National Institute of Justice, a gang is a group of three or more people who collectively identify themselves with a 4 group identity used to create fear and intimidation with the purpose of engaging in criminal activities. Gangs commit crimes like robbery, trafficking of drugs and weapons, extortion, fraud, and prostitution. Gangs keep control of their local community and rival gangs with the use of excessive violence and intimidation. Gang activity causes problems with social and economic institutions primarily within the school, church, or family. Relationships within organized crime There are several theories on the relationships within organized crime. The alien conspiracy theory is the most widely accepted theory. This theory states that organized crime was brought to the United States from other countries through immigrants. The theory continues in that some believe the organized groups existed in other countries and were brought here to further expand the organizations. The theory also explores the idea that immigrants came to the United States without the necessary tools to make a living and as a result turned to crime to provide. The social disorganization theory says criminal activity is likely to occur where social institutions are failing. This theory suggests that it is easier for criminal organizations to move into and a place that suffers from poverty, unemployment, lack of law enforcement presence, and a weakened sense of community. With this, the community would rather not get involved in the business of others but also has a higher demand for products and services offered by criminal organizations. Organizations can also provide a source of income for those who are otherwise reliant on the government to pay their unemployment. 5 The strain theory is the belief that people get involved with organized crime to fill a void. It could be the void of close relationships, lack of income, or a desire to be rich and powerful. These voids would be left unfilled if individuals relied on legal methods to fill them. This theory implies that one will commit an act of violence as a release for pent up frustrations, or that a person will produce and sell illegal contraband because they will make more of a profit than any legal job would offer them. In this theory, organized crime is beneficial to those who seek it out. Legal Limitations Law enforcement and government agencies obtain efficient tools to combat organized crime and have used those tools successfully; organized crime continues to grow and to prosper in society. With society having such a high demand for illicit drugs there is an ongoing market for these organizations to focus on. The high demand for drugs and other contraband is out of the control of agencies combating this crime. Technology definitely hinders the ability to fight organized crime. Although technology does work in the favor of law enforcement, new ways of using technology for crime are happening every moment. By the time agencies catch up and find a solution to the latest technology trend in criminal organizations, the organizations have already found a new way of doing things. Legal limitations placed on law enforcement result in the ability for organized crime to prosper. The federal and state constitutions provide restrictions for law enforcement through laws, rules, regulations, and procedures. Each jurisdiction has its own way of procedure, so if 6 cases were to cross jurisdictions and the agency working on the case did not meet the procedure requirements for the new jurisdiction, the entire case could be a loss. Conflicts arise between jurisdictions for this reason, making it difficult to have the cooperation of everyone involved. The conflicts then present technicalities that were missed and again, case dismissed. Solutions to combat organized crime Being that there are differences in procedures and regulations for each jurisdiction then maybe it should be taken into consideration that these regulations change. If federal and state laws were on the same page so that the procedures and regulations were basic enough to be more universal, then when jurisdictions were crossed in a case, the investigation and/or prosecution would not be hindered. Strengthening the cooperation between jurisdictions would help as well, closing many loopholes that result in technicalities. This would allow for agencies to work closer together and on the same level giving them the advantage over organized crime. The United States has created many laws in regards to the investigating, arresting, and prosecuting of criminals. The Racketeering Influenced and Corrupt Organizations (RICO) law was written as part of the Organized Crime Control Act of 1970. This law allows for anyone who is knowingly and willingly members of domestic or international criminal organizations, or associates of such organizations, engaged in criminal behavior to be investigated, arrested, and prosecuted with a sentence minimum of five years with up to $20,000 in fines and a forfeiture of all assets within their possession. 7 The RICO law is effective in fighting organizations more should be done. Improving relationships with other nations will allow for the sharing of evidence and intelligence on criminal organizations that expand over more than one country. By working together methods, tools, and special trainings can be shared resulting in more thorough investigations and faster prosecutions. Another positive result of working closely with other nations is that when a criminal is detained, charges from all countries involved can be brought to trial at once. Conclusion Criminal organizations hold respect and power from these involved. They use intimidation as a means to keep control and run a very sophisticated business. Society will continue to be threatened by these organizations as well as continue to fund the same organizations through high demand of their products. AS long as there is a market for these services these organizations will continue to prosper. The only thing that can be done now is to find more ways to fight it. 8 References No Author. (2012). Crime Causation: Sociological Theories. Retrieved June 13, 2013 from http://www.law.jrank.org Federal Bureau of Investigation (n.d.). Gangs; they poison our streets with drugs, violence, and all manner of crime. Retrieved June 13, 2013 from http://www.fbi.gov Federal Bureau of Investigation. (2011). Organized Retail Theft; a $30 billion a year industry. Retrieved June 14, 2013 from http://www.fbi.gov National Institute of Justice. (2011). what is a gang' Retrieved June 13, 2013 from http://www.nij.gov Organized crime. (2003). the American Heritage Dictionary of the English Language, 4th ed. Retrieved June14, 2013 from http://www.thefreedictionary.com RICO. (n.d.) Retrieved June 13, 2013 from http://www.law.jrank.org Racketeering. (2008). West’s Encyclopedia of American Law, 2nd ed. Retrieved June 14, 2013 from http://www.legal-dictionary.thefreeditionary.com