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Problems of Definition: What is Organized Crime?

NCJ Number
210165
Journal
Trends in Organized Crime Volume: 8 Issue: 3 Dated: Spring 2005 Pages: 63-83
Author(s)
James O. Finckenauer
Date Published
2005
Length
21 pages
Annotation
Noting that agreeing upon a common definition of "organized crime" has been a continuing problem for both research and policy, this paper addresses various dimensions of this problem and offers recommendations for addressing it.
Abstract
The definition of "organized crime" is important, because how it is defined influences how laws to counter it are framed, how investigations and prosecutions are conducted, how research studies are done, and how mutual legal assistance across national borders is or is not rendered. Also, public perceptions of organized crime and its threat to themselves personally and to society affects public support for policies and resources to counter it. The first step in addressing a definition of organized crime is to recognize that the key issue is not in defining the types of crimes committed, but rather to define what attributes of crimes make them and their perpetration "organized." The only definition of organized crime contained in a U.S. statute is in Public Law 90-351, the Omnibus Crime control and Safe Streets Act of 1968. Although it defines organized crime somewhat in terms of its organization, it errs in emphasizing a list of crimes typically associated with organized crime organizations. This paper outlines specific characteristics of groups that are organized to commit any type of crime: namely, criminal sophistication, a structure with defined lines of authority and division of labor that continues over time; members' self-identification as part of an organization involved in crime; and a capacity through reputation to instill fear and intimidation. Any criminal networks that are totally or substantially lacking in these characteristics cannot be considered true criminal organizations. 30 references