Controlling Organized Crime Paper
Professor Edward Rafailovitc
April 27, 2015
Some people would say that organized crime has ruined the United States and allowed petty hoods to gain worldwide recognition. Others would disagree and say organized crime is no different than any major corporation in today's global economy. Some people would say organized crime is the best thing to happen to neighborhoods that law enforcement will not come into. No matter what side of the fence a person falls on, some part of what they believe will be correct, and part will not. During the course of this paper, the author will look at organized crime, identify the problems presented and the various relationships established by organized crime, and describe the legal limitations associated with combating organized crime, including a critique of major federal laws and strategies that support this effort. Finally, the author will suggest a realistic solution to control organized crime by discussing and evaluating the effectiveness of organized crime prosecutions. Problems with Organized Crime
The problem with organized crime is that it often infringes on people's fundamental rights and destroys an economic structure, and political and civil development, on a global scale. Transnational organized crime rears its ugly head in many different forms, ranging from the trafficking of drugs and people to illegal arms. This is often accomplished by using unsuspecting individuals to transport goods and clean dirty money through legitimate businesses. The large sums of dirty money often impact communities because it is used to buy political power through funding campaigns of political supporters and bribing officials to push illegal agendas of organized crime. Every year, countless individuals lose their lives at the hands of criminals involved in organized crime, succumbing to drug-related health problems or injuries inflicted by firearms, or losing their lives as a result of the unscrupulous methods and motives of human traffickers. (UNODC, 2013) Legal Limitations Associated with Organized Crime
The legal limitations put on law enforcement agencies, and prosecutors attempting to fight organized crime, have made prosecuting these criminals rather difficult, with so many legal loopholes in today's laws. Each state in the United States has its laws regarding how organized crime is to be dealt with, and very rarely do two states agree on the same actions. The requirements also vary when the way that the federal government investigates and prosecutes these offenders is factored in. Most major criminal organizations are also aware of what they can get away with in each state, making it easier for them to avoid prosecution. One major drawback law enforcement departments and special units encounter is the strict rules, regulations, and procedures of surrounding states. Unfortunately, criminals are exempt from such rules and use this to their advantage (Stephens, 1996). One idea to combat organized crime is to loosen the restrictions put on local law enforcement agencies and prosecutors and allow them to be able to cross city, county, and state lines, when in pursuit of the criminal, without having to worry about whether they will have to hand over the capture and prosecution to another agency. This would make pursuing these individuals easier; however, there are a few drawbacks to this idea. These include the concern that less stringent limitations might entice some officers and prosecutors to pursue criminals without regard for other law enforcement procedures, a possible increase in constitutional violation rights cases, and a possible increase in innocent people caught in the legal crossfire of some over-exuberant prosecutors. An important federal law that supports combating criminal organizations is the 1965/1966 Mafia-membership law that was proposed by Senator John McClellan. Senate Bill 2187, 89th...
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