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Summarize
RICO and one other ACT identified in the text regarding Crime Statutes aimed at
combating organized crime. As part of your response identify their key
strengths and weaknesses. Also be sure to include your supported view regarding
the effectiveness (or lack of) for each as it regards combating organized
crime.
Please
note that your initial response to the forum should be at least 500 words, not
counting references. It is expected you include in-line citations and
references indicating where you found the information. In order to receive full
credit, you also need to respond to at least two other students in each forum.
These follow-up responses should be at least 250 words each, not counting
references.
Read
the postings of your classmates and post "at least" two replies (as a
minimum). This can be an opinion, follow-up question, discussion, remark,
argument, or agreement about what was stated. Remember to stay professional in
your postings. You are free to disagree or agree with something that someone
has said, but you must clearly show why. Discuss how you feel their postings
relate or are different from your own. Feel free to debate points, and hold a
discussion!
Lastly,
please realize this Discussion is directly connected to the following Course
Objective:
CO5:
Analyze major statutes and legislation aimed at combating organized Crime
Crime
Statutes Aimed at Combating Organized Crime
RICO
RICO is an act passed by U.S. federal law to address
criminal and civil cases in the country. According to Venator-Santiago (2017),
the statute primarily targeted white-collar crime and organized crime. It was
enacted in 1970. The law is broad, so civil and organization parties use it to
prosecute against all sorts of organizations, both illegal and legal. It
permits the prosecution of all persons involved in corrupt enterprises. Individuals are deemed to have violated RICO
when they engage in a pattern of racketeering activity linked with the
organization. The statute outline about 35 crimes amounting to racketeering,
including drug dealing, murder, arson, gambling, kidnapping, and bribery.
RICO Act has a far-reaching scope and imprecise
language. Hence private administration of the statute via civil lawsuits
supplements the government’s administration properties. The Act considers it
reasonable to award treble commercial fraud victims that come within the
language of the Act (Venator-Santiago, 2017). Awarding damages serve as a restriction
to enterprises that have occasioned social damage by transacting illegally.
There is no criminal conviction necessary with a civil
case under civil RICO. The complainants only need to prove that the ongoing
organized crime occurred more likely than not (Venator-Santiago, 2017). Hence
RICO has been utilized in every sort of civil offense to allege transgression.
Also, in RICO criminal cases, jury and judges are deprived of the power to judge
a negative suggestion from a respondent’s supplication of the Fifth Amendment freedom
against self-accusation. However, in RICO civil case, such prohibition does not
exist.
The Hobbs Act
U.S. Congress enacted The Hobbs Act in 1951 to address
the issues of attempted robbery, burglar, and extortion involving local and
international trade. The Act’s primary role was to deter racketeering in labor
conflicts, but it has broadened its wings to curb corruption, mainly where
labor unions are involved. The statute empowered the FBI to prosecute alleged
felonies that violate the new bill (Doyle, 2018). The federal government
overrode the Act in 1968 by taking a hunger role in fighting organized offenses
from localities and states.
The wide range of the statute has facilitated the use of the Hobbs act broadly by the FBI and...
