ahmad4212
01-03-2012, 01:43 PM
Discuss the characteristics of Organised Crime and their types which are preventive in society
Introduction
Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction.
Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime", from planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future proclaimed after the "crime".
Modern societies generally regard crimes as offences against the public or the state, as distinguished from torts (wrongs against private parties that can give rise to a civil cause of action).
Word Crime:
• An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
• An action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited.
• A crime is conduct defined as such by statute or by common law.
• Every textbook writer tries to define 'crime'. It is difficult to attach an exact definition to something which is so diverse.
• There are motoring offences ranging from simple parking errors, to death by dangerous driving. Offences against the person range from a slap to murder.
• Criminal law is usually found under the heading of public law, because it is against the State and is punished by the State.
• First, it is an offence against the public, although it might affect only one person.
• Secondly, that the person who committed an offence will be punished in some manner prescribed by the State.
Definition of Organised Crime
According to India: Maharashtra Control of Organised Crime Act, 1999
"organised crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person or promoting insurgency;
Organized Crimes Definition by Scottish Government
According to Scottish Government (2009)organised crime is used to mean crime which:
• involves more than one person
• is organised, meaning that it involves control, planning and use of specialist resources
• causes, or has the potential to cause, significant harm
• Involves benefit to the individual concerned, particularly financial gain.
International governance approach
International consensus on defining organized crime has become important since the 1970s due its increased prevalence and impact. e.g. UN in 1976 and EU 1998.
OC is “…the large scale and complex criminal activity carried on by groups of persons, however loosely or tightly organized for the enrichment of those participating at the expense of the community and its members. It is frequently accomplished through ruthless disregard of any law, including offences against the person and frequently in connexion with political corruption.”
(UN) “A criminal organization shall mean a lasting, structured association of two or more persons, acting in concert with a view to committing crimes or other offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, whether such crimes or offences are an end in themselves or a means of obtaining material benefits and, if necessary, of improperly influencing the operation of public authorities.”
There are eleven characteristics from the European Commission and Europol pertinent to a working definition of organized crime.
• more than two people;
• their own appointed tasks
• activity over a prolonged or indefinite period of time
• the use discipline or control
• perpetration of serious criminal offences
• operations on an international or transnational level
• the use violence or other intimidation
• the use of commercial or businesslike structures
• engagement in money laundering
• exertion of influence on politics, media, public administration, judicial authorities or the economy
• motivated by the pursuit of profit and/or power
Convention against Transnational Organized Crime (the Palermo Convention)
Convention against Transnational Organized Crime (the Palermo Convention) having a similar definition:
• Organised criminal structured group, three or more people, one or more serious crimes, in order to obtain financial or other material benefit;
• Serious crime: offence punishable by at least four years in prison; and,
• structured group: Not randomly formed and doesn’t need formal structure,
Features of Organised Crimes
Others stress the importance of power, profit and perpetuity, defining organised criminal behaviour as:
• nonideological: i.e. profit driven
• hierarchical: few elites and many operatives
• limited or exclusive membership: maintain secrecy and loyalty of members perpetuating itself
Recruitment process and policy
• willing to use illegal violence and bribery
• specialised division of labour: to achieve organization goal
• monopolistic: Market control to maximize profits
• explicit rules and regulations: Codes of honour
Models of Organised Crimes
Patron-client networks
Patron-client networks are defined by the fluid criminal interactions they produce. Organised crime groups operate as smaller units within the overall network, and as such tend towards valuing significant others, familiarity of social and economic environments, or tradition. These networks are usually composed of:
Hierarchies based on 'naturally' forming family, social and cultural traditions;
'Tight-knit' locus of activity/labour;
Fraternal or nepotistic value systems;
Personalised activity; including family rivalries, territorial disputes, recruitment and training of family members, etc.;
Entrenched belief systems, reliance of tradition (including religion, family values, cultural expectations, class politics, gender roles, etc.); and,
Communication and rule enforcement mechanisms dependent on organisational structure, social etiquette, history of criminal involvement, and collective decision-making.
Perhaps the best known patron-client networks are the Sicilian and Italian American Cosa Nostra, most commonly known as the Sicilian Mafia. The Neopolitan Camorra, the Calabrian and Italian Canadian 'Ndrangheta, and the Apulian Sacra Corona Unita are similar Italian organized crime groups. Other organized enterprises include the Russian mafia, Irish mob, Chinese Triads, and the Japanese Yakuza.
Bureaucratic/corporate operations
Bureaucratic/corporate organised crime groups are defined by the general rigidity of their internal structures. Focusing more on how the operations works, succeeds, sustains itself or avoids retribution, they are generally typified by:
A complex authority structure;
An extensive division of labour between classes within the organisation;
Meritocratic (as opposed to cultural or social attributes);
Responsibilities carried out in an impersonal manner;
Extensive written rules/regulations (as opposed to cultural praxis dictating action); and,
'Top-down' communication and rule enforcement mechanisms.
Individual difference
Entrepreneurial
The entrepreneurial model looks at either the individual criminal, or a smaller group of organised criminals, that capitalise off the more fluid 'group-association' of contemporary organised crime.
Opportunism is also a key factor – the organised criminal or criminal group is likely to fluidly change the criminal associates they have, the types of crime they perpetrates, and how they functions in the public (recruitment, reputation, etc.) in order to ensure efficiency, capitalisation or protection of their interests.
Multimodal approach
Culture and ethnicity provide an environment where trust and communication between criminals can be efficient and secure.
This may ultimately lead to a competitive advantage for some groups, however it is inaccurate to adopt this as the only determinant of classification in organised crime. This categorisation includes the Sicilian Mafia, Jamaican posses, Colombian drug trafficking groups, Nigerian organised crime groups, Japanese Yakuza (or Boryokudan), Korean criminal groups and ethnic Chinese criminal groups.
Model type Environment Group Processes Impacts
National Historical or cultural basis Family or hierarchy Secrecy/bonds. Links to insurgents Local corruption/influence. Fearful community.
Transnational Politically and economical unstable Vertical integration Legitimate cover Stable supply of illicit goods. High level corruption.
Transnational/transactional Any Flexible. Small size. Violent. Opportunistic. Risk taking Unstable supply of range of illicit goods. Exploits local young offenders.
Entrepreneurial/transactional Developed/high technology regions Individuals or pairs. Operating through legitimate enterprise Provision of illicit services, e.g. money laundering, fraud, criminal networks.
Typical activities
Organized crime often victimize businesses through the use of
extortion or theft and fraud activities like hijacking cargo trucks, robbing goods, committing bankruptcy fraud (also known as "bust-out"), insurance fraud or stock fraud (inside trading). Organized crime groups also victimize individuals by car theft (either for dismantling at "chop shops" or for export), art theft, bank robbery, burglary, jewelry theft, computer hacking, credit card fraud, economic espionage, embezzlement, identity theft, and securities fraud ("pump and dump" scam).
Some organized crime groups defraud national, state, or local governments by bid-rigging public projects, counterfeiting money, smuggling or manufacturing untaxed alcohol (bootlegging) or cigarettes (buttlegging), and providing immigrant workers to avoid taxes.
Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their activities can avoid, or at least receive early warnings about, investigation and prosecution.
Organised Crimes Prevention:
The activities of the essentially consist in:
• assisting the institutions and the States in crime prevention matters;
• contributing to the identification of crime trends;
• facilitating the exchange of information;
• contributing to the setting-up and operation of the expertise centres on specific topics;
• identifying fields of research and training.
• meetings and seminars;
• studies and research work;
• pilot projects;
• exchange of good practices.
• to strengthen the collection and analysis of data on organised crime;
• to prevent penetration of organised crime in the public and the legitimate private sector;
• to strengthen the prevention of organised crime and strengthen partnerships between the
criminal justice system and civil society;
• to review and improve legislation and control and regulatory policies at national and
• to strengthen the investigation of organised crime;
• to strengthen Europol;
• to trace, freeze, seize and confiscate the proceeds of crime;
• to strengthen cooperation between law enforcement and judicial authorities nationally and
• to strengthen cooperation with the applicant countries;
• to strengthen cooperation with third countries and other international organisations;
• to monitor the strengthening of the implementation of measures for the prevention and
control of organised crime within the countries.
Introduction
Crime is the breach of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction.
Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime", from planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future proclaimed after the "crime".
Modern societies generally regard crimes as offences against the public or the state, as distinguished from torts (wrongs against private parties that can give rise to a civil cause of action).
Word Crime:
• An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
• An action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited.
• A crime is conduct defined as such by statute or by common law.
• Every textbook writer tries to define 'crime'. It is difficult to attach an exact definition to something which is so diverse.
• There are motoring offences ranging from simple parking errors, to death by dangerous driving. Offences against the person range from a slap to murder.
• Criminal law is usually found under the heading of public law, because it is against the State and is punished by the State.
• First, it is an offence against the public, although it might affect only one person.
• Secondly, that the person who committed an offence will be punished in some manner prescribed by the State.
Definition of Organised Crime
According to India: Maharashtra Control of Organised Crime Act, 1999
"organised crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person or promoting insurgency;
Organized Crimes Definition by Scottish Government
According to Scottish Government (2009)organised crime is used to mean crime which:
• involves more than one person
• is organised, meaning that it involves control, planning and use of specialist resources
• causes, or has the potential to cause, significant harm
• Involves benefit to the individual concerned, particularly financial gain.
International governance approach
International consensus on defining organized crime has become important since the 1970s due its increased prevalence and impact. e.g. UN in 1976 and EU 1998.
OC is “…the large scale and complex criminal activity carried on by groups of persons, however loosely or tightly organized for the enrichment of those participating at the expense of the community and its members. It is frequently accomplished through ruthless disregard of any law, including offences against the person and frequently in connexion with political corruption.”
(UN) “A criminal organization shall mean a lasting, structured association of two or more persons, acting in concert with a view to committing crimes or other offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, whether such crimes or offences are an end in themselves or a means of obtaining material benefits and, if necessary, of improperly influencing the operation of public authorities.”
There are eleven characteristics from the European Commission and Europol pertinent to a working definition of organized crime.
• more than two people;
• their own appointed tasks
• activity over a prolonged or indefinite period of time
• the use discipline or control
• perpetration of serious criminal offences
• operations on an international or transnational level
• the use violence or other intimidation
• the use of commercial or businesslike structures
• engagement in money laundering
• exertion of influence on politics, media, public administration, judicial authorities or the economy
• motivated by the pursuit of profit and/or power
Convention against Transnational Organized Crime (the Palermo Convention)
Convention against Transnational Organized Crime (the Palermo Convention) having a similar definition:
• Organised criminal structured group, three or more people, one or more serious crimes, in order to obtain financial or other material benefit;
• Serious crime: offence punishable by at least four years in prison; and,
• structured group: Not randomly formed and doesn’t need formal structure,
Features of Organised Crimes
Others stress the importance of power, profit and perpetuity, defining organised criminal behaviour as:
• nonideological: i.e. profit driven
• hierarchical: few elites and many operatives
• limited or exclusive membership: maintain secrecy and loyalty of members perpetuating itself
Recruitment process and policy
• willing to use illegal violence and bribery
• specialised division of labour: to achieve organization goal
• monopolistic: Market control to maximize profits
• explicit rules and regulations: Codes of honour
Models of Organised Crimes
Patron-client networks
Patron-client networks are defined by the fluid criminal interactions they produce. Organised crime groups operate as smaller units within the overall network, and as such tend towards valuing significant others, familiarity of social and economic environments, or tradition. These networks are usually composed of:
Hierarchies based on 'naturally' forming family, social and cultural traditions;
'Tight-knit' locus of activity/labour;
Fraternal or nepotistic value systems;
Personalised activity; including family rivalries, territorial disputes, recruitment and training of family members, etc.;
Entrenched belief systems, reliance of tradition (including religion, family values, cultural expectations, class politics, gender roles, etc.); and,
Communication and rule enforcement mechanisms dependent on organisational structure, social etiquette, history of criminal involvement, and collective decision-making.
Perhaps the best known patron-client networks are the Sicilian and Italian American Cosa Nostra, most commonly known as the Sicilian Mafia. The Neopolitan Camorra, the Calabrian and Italian Canadian 'Ndrangheta, and the Apulian Sacra Corona Unita are similar Italian organized crime groups. Other organized enterprises include the Russian mafia, Irish mob, Chinese Triads, and the Japanese Yakuza.
Bureaucratic/corporate operations
Bureaucratic/corporate organised crime groups are defined by the general rigidity of their internal structures. Focusing more on how the operations works, succeeds, sustains itself or avoids retribution, they are generally typified by:
A complex authority structure;
An extensive division of labour between classes within the organisation;
Meritocratic (as opposed to cultural or social attributes);
Responsibilities carried out in an impersonal manner;
Extensive written rules/regulations (as opposed to cultural praxis dictating action); and,
'Top-down' communication and rule enforcement mechanisms.
Individual difference
Entrepreneurial
The entrepreneurial model looks at either the individual criminal, or a smaller group of organised criminals, that capitalise off the more fluid 'group-association' of contemporary organised crime.
Opportunism is also a key factor – the organised criminal or criminal group is likely to fluidly change the criminal associates they have, the types of crime they perpetrates, and how they functions in the public (recruitment, reputation, etc.) in order to ensure efficiency, capitalisation or protection of their interests.
Multimodal approach
Culture and ethnicity provide an environment where trust and communication between criminals can be efficient and secure.
This may ultimately lead to a competitive advantage for some groups, however it is inaccurate to adopt this as the only determinant of classification in organised crime. This categorisation includes the Sicilian Mafia, Jamaican posses, Colombian drug trafficking groups, Nigerian organised crime groups, Japanese Yakuza (or Boryokudan), Korean criminal groups and ethnic Chinese criminal groups.
Model type Environment Group Processes Impacts
National Historical or cultural basis Family or hierarchy Secrecy/bonds. Links to insurgents Local corruption/influence. Fearful community.
Transnational Politically and economical unstable Vertical integration Legitimate cover Stable supply of illicit goods. High level corruption.
Transnational/transactional Any Flexible. Small size. Violent. Opportunistic. Risk taking Unstable supply of range of illicit goods. Exploits local young offenders.
Entrepreneurial/transactional Developed/high technology regions Individuals or pairs. Operating through legitimate enterprise Provision of illicit services, e.g. money laundering, fraud, criminal networks.
Typical activities
Organized crime often victimize businesses through the use of
extortion or theft and fraud activities like hijacking cargo trucks, robbing goods, committing bankruptcy fraud (also known as "bust-out"), insurance fraud or stock fraud (inside trading). Organized crime groups also victimize individuals by car theft (either for dismantling at "chop shops" or for export), art theft, bank robbery, burglary, jewelry theft, computer hacking, credit card fraud, economic espionage, embezzlement, identity theft, and securities fraud ("pump and dump" scam).
Some organized crime groups defraud national, state, or local governments by bid-rigging public projects, counterfeiting money, smuggling or manufacturing untaxed alcohol (bootlegging) or cigarettes (buttlegging), and providing immigrant workers to avoid taxes.
Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their activities can avoid, or at least receive early warnings about, investigation and prosecution.
Organised Crimes Prevention:
The activities of the essentially consist in:
• assisting the institutions and the States in crime prevention matters;
• contributing to the identification of crime trends;
• facilitating the exchange of information;
• contributing to the setting-up and operation of the expertise centres on specific topics;
• identifying fields of research and training.
• meetings and seminars;
• studies and research work;
• pilot projects;
• exchange of good practices.
• to strengthen the collection and analysis of data on organised crime;
• to prevent penetration of organised crime in the public and the legitimate private sector;
• to strengthen the prevention of organised crime and strengthen partnerships between the
criminal justice system and civil society;
• to review and improve legislation and control and regulatory policies at national and
• to strengthen the investigation of organised crime;
• to strengthen Europol;
• to trace, freeze, seize and confiscate the proceeds of crime;
• to strengthen cooperation between law enforcement and judicial authorities nationally and
• to strengthen cooperation with the applicant countries;
• to strengthen cooperation with third countries and other international organisations;
• to monitor the strengthening of the implementation of measures for the prevention and
control of organised crime within the countries.