Procedural Aspects of Criminal RICO (Racketeer Influenced and Corrupt Organizations) (From Techniques in the Investigation and Prosecution of Organized Crime, Volume Three, 1980 - See NCJ-93571)

• NCJ Number: 93577
• Author(s): T Reed; V Brady
• Date Published: 1980
• Length: 71 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

Standards should be set for appellate review of criminal convictions under the Racketeer Influenced and Corrupt Organizations Act (RICO) to limit intrusion into jury functioning, preserve actual RICO convictions, and allow inconsistencies in verdicts.

Abstract

a RICO conviction requires proof of at least two predicate offenses to establish a pattern of racketeering activity. Under RICO provisions, predicate offenses are not lesser included offenses, which avoid double jeopardy issues if the verdict is split on greater and lesser offenses and prevent possible overturned convictions. The general Federal law of venue is inadequate for RICO purposes and should be broadened by judicial development or congressional action. This would enhance RICO's overriding goal of dealing with organized crime and would be consistent with existing constitutional statutory provisions. The two basic problems with verdicts in RICO prosecutions both arise from situations which involve a RICO charge with predicate offenses also charged as substantive offenses. Reference to the general law of verdicts in some cases and setting of standards for appellate review in other cases could resolve these problems. Special verdicts, which are a possible solution, may have very restricted usefulness because they limit the jury's deliberative role. A total of 237 footnotes are provided.