NCJ Number
66532
Journal
Journal of Criminal Law, Criminology, and Police Science Volume: 54 Issue: 2 Dated: (JUNE 1963) Pages: 127-145
Date Published
1963
Length
19 pages
Annotation
THE LEGAL COUNTERMEASURES AVAILABLE TO MINIMIZE THE EFFECTS OF POLITICAL CORRUPTION ON THE PROSECUTION OF ORGANIZED CRIME ARE IDENTIFIED AND DISCUSSED.
Abstract
TECHNIQUES FOR INITIATING LEGAL ACTION AGAINST ORGANIZED CRIME DESPITE CORRUPTION AMONG LOCAL PROSECUTORS INCLUDE THE SUBSTITUTION OF A COURT-APPOINTED SPECIAL PROSECUTOR, THE STATE ATTORNEY GENERAL, PRIVATE PERSONS, OR THE FEDERAL GOVERNMENT IN PLACE OF THE CORRUPT OFFICIAL. PUBLIC OFFICIALS REALIZE THAT THEY ARE VULNERABLE TO VARIOUS CONSEQUENCES SHOULD THEY SUCCUMB TO CORRUPTING INFLUENCES. IF THE LAW MAKES THE CONSEQUENCES SEVERE, THEY MAY OUTWEIGH THE PERCEIVED REWARDS OF CORRUPTION. EFFECTIVE CIVIL AND CRIMINAL SANCTIONS SHOULD BE TAILORED TO THE SERIOUSNESS OF OFFICIAL CORRUPTION. ANOTHER TECHNIQUE FOR MINIMIZING THE EFFECTS OF IMPROPER OFFICIAL BEHAVIOR IS TO PROVIDE CLOSER SUPERVISION OF CORRUPTIBLE ELEMENTS OF THE LAW ENFORCEMENT BODY BY RELATIVELY INCORRUPTIBLE ELEMENTS. ALSO, LAWS WHICH REDUCE THE DEPENDENCE OF ONE LAW ENFORCEMENT OFFICIAL ON FELLOW OFFICERS IN BRINGING A CASE TO A SUCCESSFUL CONCLUSION WOULD REDUCE THE POWER THAT ANY ONE CORRUPT OFFICIAL, NO MATTER HOW HIGHLY PLACED, COULD HAVE UPON THE CRIMINAL JUSTICE PROCESS. THE SUCCESS OF ANY OVERALL EFFORT AGAINST ORGANIZED CRIME MUST DEPEND UPON A FRAMEWORK OF LAW THAT ATTACKS THE STRUCTURED AND VOLUMINOUS CHARACTER OF ORGANIZED CRIME, WHETHER THE OFFENSE. THIS COULD BE DONE BY PROVIDING MORE SEVERE SANCTIONS FOR THOSE WHO COMMIT AN OFFENSE AS PART OF A LARGE-SCALE, ORGANIZED CRIMINAL ENTERPRISE. FOOTNOTES ARE PROVIDED. (RCB)