NCJ Number
56365
Journal
CRIMINAL LAW QUARTERLY Volume: 20 Issue: 4 Dated: (SEPTEMBER 1978) Pages: 478-512
Date Published
1978
Length
35 pages
Annotation
VARIOUS MODELS WHICH HAVE BEEN USED TO EXPLAIN THE NATURE OF ORGANIZED CRIME ARE CRITIQUED, AND ECONOMIC MODELS ARE DESCRIBED AS THE MOST APPROPRIATE MEANS FOR PORTRAYING THE EVOLUTION OF ORGANIZED CRIME.
Abstract
THE THEOLOGICAL AND SOCIOPOLITICAL MODELS THAT HAVE BEEN USED IN SOME LITERATURE TO EXPLAIN PERCEPTIONS OF ORGANIZED CRIME ARE EXAMINED AND CONSIDERED INADEQUATE IN INTERPRETING THE REALITY OF ORGANIZED CRIME. ECONOMIC MODELS CAN PRESENT THE CONCEPTS THAT MOST ACCURATELY PORTRAY THE DYNAMICS OF ORGANIZED CRIME IN VARIOUS EVOLUTIONARY STAGES. THE 'FEUDAL' AND 'MERCANTILE' MODELS OF THE MAFIA ARE USED TO DESCRIBED MAFIA OPERATIONS DURING VARIOUS HISTORICAL PERIODS. THE MODERN MAFIA IS DEPICTED AS A CAPITALIST CRIMINAL ORGANIZATION. THE MERCANTILE MODEL OF ECONOMIC ORGANIZATION PROVIDES AN APT FRAMEWORK FOR EVALUATING ORGANIZED CRIME PROGRESS IN THE UNITED STATES IN RECENT YEARS. TRADE IN ILLEGAL SERVICES AND COMMODITIES MADE POSSIBLE BY THE GRANT OF MONOPOLIES BY LEGISLATURES IN DECLARING CERTAIN EXCHANGES OF GOODS AND SERVICES ILLEGAL, WHILE PROVIDING SELECTIVE ENFORCEMENT, HAS MADE POSSIBLE THE AMASSING OF LARGE CAPITAL RESERVES. THIS PARASITIC ACCUMULATIVE MODE HAS NURTURED THE PERSISTENCE OF A FAMILY OR GUILD STRUCTURE IN ORGANIZED CRIME, WHICH IN ADDITION TO SUCH VIRTUES AS SECRECY, OBEDIENCE, AND LOYALTY, HAS OFFERED A MEANS OF DIVIDING THE MARKET AND REGULATING TRADE. CURRENTLY, THE ECONOMIC STRUCTURE OR ORGANIZATION IN CRIME NOW PRESENTS THE PROBABILITY OF GREAT CHANGE AT THE HIGHEST ECHELON. ACCUMULATION OF INVESTMENT CAPITAL MAKES IT PROBABLE THAT OTHER AREAS OF SEMILEGITIMATE ENDEAVOR WILL BE INVADED BY INCREASINGLY INDUSTRIALIZED CRIME. THIS MODE OF ORGANIZATION, WHICH EMPHASIZED THE IMPORTANCE OF MONEY AND SPECIALIZED SKILLS OFFERED BY A DIVISION OF LABOR, CAN FUNCTION VERY EFFECTIVELY IN A COMPETITIVE SPHERE AND UNDERMINE LEGITIMATE BUSINESS. UNLIKE THE LIMITED MARKET POTENTIAL OF TRADE IN SUCH ILLEGAL COMMODITIES AS LIQUOR DURING PROHIBITION, SUCH CRIMINAL ENTERPRISES AS THEFT AND FENCING OFFER ALMOST LIMITLESS OPPORTUNITIES FOR INCREASINGLY HIDDEN INVESTMENT. IT IS NECESSARY TO REALIZE THE COMPETITIVE AND NONETHNIC CHARACTER OF CAPITALIST ORGANIZATION TO RECOGNIZE THE EXISTING AND POTENTIAL INFLUENCE OF THIS ECONOMIC ORGANIZATION OF CRIME IN ORDER TO FASHION ENFORCEMENT PROCEDURES APPROPRIATE TO IT. FOOTNOTES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED---RCB)