NCJ Number
62113
Date Published
1977
Length
24 pages
Annotation
FEDERAL LEGISLATION INTENDED FOR THE ACTIVITIES AND PERSONNEL OF 'ORGANIZED CRIME' IS SHOWN TO BE USED TO INCREASE FEDERAL JURISDICTION AND DIMINISH DUE PROCESS RIGHTS FOR THE 'ORDINARY' OFFENDER.
Abstract
FEDERAL LEGISLATION INTENDED TO UNDERMINE THE CRIMINAL ACTIVITIES OF 'ORGANIZED CRIME' (ANTIRACKETEERING STATUTE, THE TRAVEL ACT, AND THE ORGANIZED CRIME CONTROL ACT OF 1970) HAS SOUGHT TO BRING UNDER FEDERAL JURISDICTION CRIMES WHICH WOULD BE UNDER THE JURISDICTION OF STATE OR LOCAL AUTHORITIES. UNDER THE ORGANIZED CRIME CONTROL ACT OF 1970, CERTAIN CRIMES ARE SINGLED OUT FOR SPECIAL HANDLING DUE TO THEIR TRADITIONAL ASSOCIATION WITH ORGANIZED CRIME; THIS PROCESS INVOLVES MODIFICATION OF TRADITIONAL RULES OF EVIDENCE, INCREASED SENTENCING SEVERITY, SPECIAL HANDLING OF WITNESSES, AND THE USE OF A SPECIAL GRAND JURY. ALTHOUGH CONGRESS INTENDED CERTAIN LEGISLATION TO APPLY TO ORGANIZED CRIME, THE COURTS, IN INTERPRETING THE LEGISLATION, HAVE RULED THAT CONGRESS DID NOT INTEND THAT CONVICTION UNDER THESE LAWS MUST DEPEND UPON PROOF OF THE DEFENDANT'S ASSOCIATION WITH ORGANIZED CRIME. IF THE GOAL OF THE LEGISLATION IS TO COMBAT ORGANIZED CRIME, THEN THE COURTS SHOULD BE BOUND TO LIMIT ITS APPLICATION TO THAT PARTICULAR CRIMINAL DOMAIN. IF THIS IS NOT DONE, WARNINGS ABOUT THE THREAT OF ORGANIZED CRIME BECOME RATIONALIZATIONS FOR FURTHER EXPANSION OF FEDERAL JURISDICTION OVER A BROADER RANGE OF CRIMINAL BEHAVIOR, WITH ATTENDANT THREATS TO THE RIGHT OF DUE PROCESS. FOOTNOTES ARE PROVIDED. (RCB)