Policy Development
CJA/464 Criminal Justice Policy

When most individuals think of organized crime, the mafia is the first thing that comes to mind; however, organized crime comes from across the world. Some functions within the criminal justice system are established only to deter national and international organized crime groups. The impacts of organized crime are significant as they dominate and influence financial institutions and construction, bring drugs into the community, corrupting and bribing criminal justice officials and politicians, and run illegal underground businesses such as prostitution and human trafficking. Although organized crime is not a high priority to policymakers, the effects and destruction are equally as invasive and can be felt at the international, national, and local levels. “The economic impact alone is staggering: it [is] estimated that global organized crime reaps illegal profits of around $1 trillion per year” (Federal Bureau of Investigation, n.d., para 5). Under this regard, the policy needs to be put in place in order to assist with the threat, financially and to national safety, of organized crime groups. “With more open borders and the expansion of the Internet, organized criminals threaten the United States not only from within the borders, but beyond. Organized crime stretches far beyond the Italian mafia, encompassing Russian, Asian, Balkan, Middle Eastern, and African syndicates” (Finklea, 2010, p. 1).
The perception of organized crime, the materializations of crime, society, the individuals involved, among other things differ internationally. “In tackling this problem, any approach must take into account the complications that arise in the implementation of policy regimes which often underestimate the significance of the cultural and local context and the dynamics at play within a state” (Gomis and Yorke, 2012, p. 4). There are margins when considering the limited policy approaches and hindrances of assessing the issues of organized crime. These limitations include the facts, statistics, available resources, and public and political opinions. This policy proposal will address relevant statistics, facts, resources, and public opinions related to organized crime along with historical information that supports the newly policy proposal. The proposal will also identify all stakeholders and anticipated opinions as it relates to organized crime and how politics may impact its implementation. In addition, it will provide policy recommendations, rationale for these recommendations, and their impact on contemporary criminal justice issues and globalization.
Organized Crime Policy The United States have implemented and imposed legislation against organized crime. The Organized Crime Control Act of 1970 identifies organized crime as “the unlawful activities of […] a highly organized, disciplined association” (Pub.L. 91–452, 84 Stat. 922). Federal legislation includes the Federal Anti-Racketeering Act, also known as the ‘Hobbs Act,’ in 1946, the Federal Wire Act of 1961, Money Laundering Control Act of 1986, and the United States Patriot Act of 2001. These United States legislation assist with preventing organized crime and organized criminal activity. With the addition of these laws, the proposed policy is to further include U.S. federal law enforcement and to strengthen existing legislation to include harsher punishments for individuals convicted of organized criminal behavior. It will also allow politicians more freedoms to amend existing legislation, as it relates to organized crimes, with the advancement of technology and global impacts. The main goals of implementing such policies are to protect the American public from violence, harm, and manipulation from organized crime groups and to assist countries support authority and transparency. In addition to destroying the economic advantage organized crime groups are accustomed to and aiming for organized crime groups infrastructures to prevent criminal enabling of terrorist attacks. Organized crime groups affect security, economics, social policies, businesses, national and international politics, and governance. U.S. federal law enforcement tackles majority of organized crime groups’ criminal involvements. “Criminals have expanded their range of tools and targets, as well. Meanwhile, law enforcement ‘plays by yesterday’s rules and increasingly risks dealing only with the weakest criminals and the easiest problems,’ according to the Strategic Alliance Group, a partnership of seven law enforcement agencies from five nations” (Finklea, 2010, p. 1). There are a number of federal law enforcement agencies currently involved in monitoring the actions and activities of organized crime groups, along with domestic agencies and the federal government’s involvement with international efforts deterring organized crime. Typically, politicians attempt to avoid “on-the-record” discussions regarding the development and implementing policies about organized crime and organized crime groups. However, it would benefit the public - locally, nationally, and internationally – if organized policies included harsher punishments for individuals involved in organized criminal activity. “Although the United Nations (U.N.) Convention Against Transnational Organized Crime presents a definition that is deliberately broad and not limited to the traditional focus on ‘mafia-like’ organizations, each nation has its own legal definitions of organized crime, which complicates international collaboration, data collection, and analysis” (Loree, 2002). Statistics, Facts, Resources, and Public Opinions: Present and Past
Organized crime cultivated from the Prohibition Era, which the sale of alcohol was prohibited. Organized crime groups gathered for the production and sale of the illegal beverage. Businesses suffered, the economy died down, and the objective of law enforcement was to ensure that all illegal manufacturing and sale of alcohol decreased. After the Prohibition Era, organized crime groups began to engage in other criminal activities to make a profit. The Federal government began to establish anti-racketeering laws to convict mobsters and mob bosses; however, the Federal government found it was difficult to convict mob bosses of crimes due to lack of ‘in hands’ involvement. Congress implemented the Racketeering Influenced and Corrupt Organizations Act, also known as RICO, to allow prosecutors the ability to weaken organized crime groups by going after their legal and illegal sources of revenue.
Statistics and Facts
The dismantling of organized crime groups has been established since the early 1930s; however, the face of the present organized crime groups has since transformed. The types of organized crime offenses committed are typically laundering, racketeering, violence, drugs, unlawful property transactions, public disorder, and laundering of monetary instrument. “The Department of Organized Crime handled nearly 3452 incidents of organized crime in 2005. Some highlights include: 651 pending investigations related to Italian organized crime and labor racketeering alone, 468 cases related to Asian and African criminal enterprises. Nearly 1,500 persons affiliated with organized crime were arrested and 824 were convicted. Of the roughly 1,000 ‘made’ members of Italian organized crime groups in the U.S., more than 200 are in jail” (Project America, 2009, para 2). Currently, the United States Attorney General’s Organized Crime Council is accountable for developing policies against organized crime and organized crime groups. The committee consists of representatives from the Diplomatic Security, the Bureau of Alcohol, Tobacco, U.S. Immigration and Customs Enforcement, and Firearms and Explosives. It also includes representatives from the U.S. Department of Labor, U.S. Drug Enforcement Agency, Office of the Inspector General, the U.S. Postal Inspection Services, Federal Bureau Investigation, and the Deputy Attorney General.
Resources
There is a lack of resources and information the public and politicians have in their grasp to assist with developing policies and opinions. Aside from federal regulations such as the Omnibus Crime Control and Safe Streets Act of 1968, the general effects of organized crime groups are scarce and insufficient. The Federal Bureau of Investigations (F.B.I.) is the main policing force against organized crime and organized criminal activity. “[T]he FBI works with state and local partners as well as with other federal agencies to combat organized crime. These task forces may be broader task forces covering a range of criminal syndicates, or they may be more specific covering a particular organized crime group” (Finklea, 2009, p. 8).
Public and Political Opinion “[O]rganized crime is often considered a ‘third rail’ issue: one which politicians consider too dangerous to address and reform. However, while politicians are crucial within the debate, they are restricted by scarce resources, limited political capital and difficult political dynamics” (Gomis & Yorke, 2012, p. 6). Politicians are fearful of having discussions about organized crime because of negative perceptions, corruption of existing and retired government officials and politicians, and the economic impact it may have. According to a research study conducted by Judith Dubois (2002), public opinions regarding organized crime are mainly influenced by the media and political influences. The public’s perception of organized crime is that it exists and will continue to be a consistent issue locally, nationally, and internationally. Without the public knowing what is going on, they are not free to form opinions regarding the current issues of organized crime, demand the government to take action, and allow policymakers to create stronger laws to combat organized crime. “Members of the public then form opinions about criminal justice policy issues on this less-than-optimal understanding of crime. Misconceptions aside, public opinion data from a variety of sources offer policymakers a window into the views of their constituents” (Frost & Monteiro, 2014, para 1).
Stakeholders
With organized crime being such a complex issue, nationally and internationally, there are a number of individuals within the criminal justice system that are directly impacted by a newly implemented policy. These individuals include the prosecutor, politicians, the public, correctional facilities and staff, and international governments.
Prosecutors
Prosecutors have the difficult job of attempting to prove the guilt of the offender beyond a reasonable doubt. Because organized crime groups’ illegal activities vary, along with their participants, it can be challenging for a prosecutor to successfully bring charges against members. “Many factors could influence the number of organized crime cases referred to the USAOs [U.S. Attorney’s Offices] for prosecution. While this number could reflect the actual activities of organized crime groups, several factors suggest that the trends in prosecutions may not mirror the trends in organized criminal activity—either in type or in number” (Finklea, 2009, p. 13). Local prosecutors rely on the federal or state level RICO statutes to convict like organized criminal behavior. There is a stronger likelihood the individuals convicted of criminal behavior that falls under the RICO statutes will be given significantly longer sentences rather than conviction under the local statutes. For example, under federal or local RICO statutes, escort services that provide and accommodate to prostitution can have the establishments seized, finances forfeited, and the players involved can receive harsher punishments rather than charging and convicting the individuals under regular prostitution policies. Prosecutors would benefit more with stricter organized crime policies and the reviewing of existing policies.
Politicians
Politicians and political corruption can be seen as an organized crime groups’ most powerful tool. Politicians and the governmental system could and can be bought through bribery, which organized crime groups can gain an advantage and achieve immunity from persecution and conviction of organized crime policies. According to Gomis and Yorke (2012),
From a political standpoint, the international system will remain difficult to change without a ‘first mover’ - a state, or statesman, who can lead change in policy. Particularly as many countries, including the US, Russia, China and a number of other Asian countries, remain opposed to any reform. A large part of this is the weight and importance attributed to public opinion. (p. 6)

The fear of revealed and open voting posses as a distraction to many political leaders with reforming organized crime legislation. Organized crime groups hold plenty of indirect power and have a mass of networks. Within the political realm, there is not much are very few incentives when discussing or declaring organized crime reform. Politicians may conclude that he or she may have more to lose if he or she speaks on organized crime. Politicians may feel limited by a powerlessness to amend his or her position because of public opinion. It maybe difficult to promote the new policy through and have it performed because the policy is directly designed against organized crime, and as previously stated, there are many impediments politicians may face.
The Public
The public has the greatest gains regarding organized crime policies because the community would receive begin to grow economically, feel safer, and avoid manipulation and intimidation. However, the views and what they think about organized crime is inaccurate and distorted because of media perceptions. Including public recommendations with organized crime policies can have them feel involved and contributing with the process of deterring organized crime. The community is one of the greatest assets the criminal justice system has with reporting all forms of criminal activity.
The community and public are the primary victims of organized crime. Organized crime ruins legitimate businesses within the communities and intimidates individuals in the area that organized crime groups dwell. With the events of September 11, 2001 forever embedded in the hearts of the American people, the public will always push for policies against such criminal behavior.
Correctional Facilities and Staff With harsher punishments for individuals associated with organized crime, correctional facilities and employees will experience the blunt force. Harsher sentences will expose correctional facilities with more inmates associated with organized crime, in addition to longer jail or prison sentences. “These inmates present a [unique] challenge to the prison system because of their extensive network of support and ties to other inmates inside the institution and to members of their criminal enterprise outside” (Viano, n.d., p. 1). Organized crime groups are typically categorized within the correctional facilities as security threat groups, which can pose as a danger to other inmates with no organized crime affiliation and correctional staff. Correctional facilities may be opposed to the new organized crime policies because they would receive the most difficult function within the policy. However, because of the economic gain the nation would receive from disbanding organized crime groups (e.g. forfeiting funds for illicit businesses, etc.), these funds could be recycled back into the community and the criminal justice system. By setting up an economic plan to ensure partial proceeds are extended to correctional facilities for better living conditions, medical care, and raises for the correctional staff, this could be an incentive for corrections to back the harsher sentencing against organized crime groups.
International Governments
It should be the primary focus for all international governmental agencies and communities to seek and achieve greater uniformity. Organized crime has traveled internationally and become a global concern for all nations. International governments across the globe should promote fair criminal justice systems and the intensification of agencies and policies to fight, prevent, and prosecute organized crime and organized crime groups. For the world to feel safer, illicit trafficking (e.g. human, drug, weapons, etc.) to be deterred, and global financial stability to increase disbanding organized crime groups on a global scale should be a top priority.
Recommendations and Conclusions

To reduce organized crime and organized criminal activity, one recommendation is to strengthen existing legislation, institutions, and involving the community and society. Areas that need to be addressed are the levels of bribery and corruption of public officials and the penetration of agencies that directly or indirectly fight against organized crime groups. With the proper legal policies in place, policy reform can consist of anti- corruption and organized crime within the public sector. Additionally, agencies should reorganize the structural framework of gathering and analyzing evidence against offenders within organized crime groups. Some reorganization initiatives include prosecutors making offers of immunity to witnesses, revamping the witness protection programs, wiretapping, and other non-traditional methods of investigations.

Moreover, international experience in fighting organized crime also shows that law enforcement needs to have the research and analysis capability to support investigations and prosecutions by clearly determining: (a) the structure, composition and primary activities of the criminal networks; (b) their modus operandi (including production, marketing and financial logistics); (c) contacts with both licit and illicit environments; and (d) a clear delineation of preventive strategies. (Buscaglia & Dijk, 2003, p. 24)
The criminal justice system relies on the community to cooperate and collaborate about criminal activity; organized crime or otherwise. Policy reform within the criminal justice system has not been accomplished without the assistance of the community. First, the criminal justice system would need to rebuild the trust of the community and provide the community with successful results of policy reform.
It is clear that the criminal justice system needs to review and improve policies associated with organized crime and the key players involved in organized criminal activity. The proposed policy is to further include U.S. law enforcement, strengthen existing legislation to include harsher punishments for individuals convicted of organized criminal behavior, and allow politicians more freedoms to amend existing legislation, as it relates to organized crimes, with the advancement of technology and global impacts. By strengthening the infrastructure of existing legislation, involving the community, and providing specialized agencies the resources can abolish the hindrance of combating organized crime and organized crime groups.

References
Buscaglia, E., & Dijk, J. V. (2003, December). Controlling Organized Crime and Corruption in the Public Sector. Forum on Crime and Society, 3(1 and 2), 3 - 34. Retrieved from http://www.unodc.org/pdf/crime/forum/forum3_Art1.pdf
Federal Bureau of Investigation. (n.d.). Organized Crime Overview. Retrieved from http://www.fbi.gov/about-us/investigate/organizedcrime/overview
Finklea, K. M. (2010). Organized Crime in the United States: Trends and Issues for Congress. Retrieved from http://www.fas.org/sgp/crs/misc/R40525.pdf
Frost, N., & Monteiro, C. E.(2014). Public Opinion, Crime and Justice. Retrieved from http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0138.xml
Gomis, B., & Yorke, C. (2012). Drugs and Organized Crime: Challenges and Policy Objectives. Retrieved from http://www.chathamhouse.org/sites/default/files/public/Research/International%20Security/270312summary.pdf
Loree, D. (2002, Summer). Organized Crime: Changing Concepts and Realities for the Police. Trends in Organized Crime, 7(4), 73 - 78. Retrieved from https://www.ncjrs.gov/App/publications/abstract.aspx?ID=207595
Viano, E. (n.d.). Organized crime and gangs in U.S. prisons. Retrieved from http://www.internationalpenalandpenitentiaryfoundation.org/Site/documents/popowo/18.%20Popowo%20-%20Emilio%20C.%20Viano.pdf