Law and You > Criminal Laws > Criminology > Organized Crimes
There is no society that is not confronted with the problem of criminality. Crime is eternal- as society itself. A crime is a universal phenomenon, and of primary concern to every member of human society. The concept of crime has undergone radical changes; it has, today, become multi-faceted, both qualitatively and quantitatively. Today, the norms of society have been revolutionized and sociocultural patterns of society have created many complex situations with society failing to keep up with the changing patterns of behavior of individuals or groups. During modern times the cases of organized crimes increased. In this article, we shall study what is meant by organized crime.
The phenomenon of organized crime has been assuming disturbing proportions, all over the world. The increasing trend of Globalization, Urbanization, and Industrialization has been helping organized crime offenders to develop transnational linkages. Offenders belonging to one country have been getting involved in the crime committed, in another country. Not only this but with the advent of new technologies, criminals have been using modern gadgets to commit a crime in a more sophisticated and complicated manner in comparison to traditional criminals. Such offenders need a huge amount of money to operate from various locations and to purchase modern equipment. Organized crime racketeers are rich, sophisticated and well qualified. They have been committing the crime in a very well organized manner. Organized crime syndicates have been using violence, or threat of violence, intimidation or coercion as a means to commit a crime. Such crime Mafia has been functioning under the cover of legitimate business, using force, fraud, blackmail, corruption, inducement, etc. to get their work done. It seeks to corrupt the Social and Economic Institutions, Business Organizations, Politicians, the Police, the Judicial System, and every other segment. It is recognized that it acts as a catalyst for several other forms of violence and crime, it affects directly or indirectly all sectors of society and undermines the linkages between governments and their citizens. If unchecked, organized crime ruptures social cohesion, divides families and people, corrupts institutions, and destabilizes the very social and economic fabric of our societies, as well as damage the democratic functioning and constitutional arrangements.
In the 12th century, peasants in Sicily revolted against French Rulers. Those groups of people were called Mafia. During the revolt, many French officials were killed by the Mafia in Sicily with the intention to throw French out of Sicily. The group of criminals doing organized crime is sometimes called mafia. Sicilian Mafia are role models of Russian organized criminals.
Organized crime is defined as “those involved, normally working with others, in continuing serious criminal activities for a substantial profit, elsewhere”. The organized crime involves extortion, collection of protection money from rich businessmen, contract killing, kidnapping, film financing, human trafficking, human organ trafficking, drug trafficking, narcotics trafficking, smuggling and illicit trade in Arms and Ammunition.
Organized Structure in Chinese Gangs in the US:
The organizational structure of Chinese organized crime in the United States is quite complex. Chinese criminal organizations include gangs, secret societies, triads, tongs, Taiwanese organized crime groups, and strictly US-based tongs and gangs.
Tong-affiliated gangs, like the Fuk Ching, have an ah kung (grandfather) or shuk foo (uncle) who is their tong leader. The top gang position is the dai dai lo (big big brother). Communication between the tong and the gang occurs principally between these two individuals. Below the dai dai lo in descending order are the dai lo(s) or big brothers, the yee lo/saam lo (clique leaders), and at the bottom the ma jai or little horses. There are a variety of norms and rules that govern the gangs. These include respecting the ah kung, beating up members of other gangs on your turf, not using drugs, following the orders of the dai lo, and not betraying the gang. Rules violators are punished, sometimes severely, such as through physical assault and killing.
Defining Organized Crime:
- According to Block organized crime is both a social system and a social world. The system is composed of relationships binding professional criminals, politicians, law enforcers, and various entrepreneurs. According to Block, organized crime syndicates form a social system among themselves. The system is such where reciprocal services are performed by criminals, their clients, and politicians. The associates of organized crime take advantage of the loopholes of law enforcement agencies.
- According to sociologist Alfred Lindesmith, organized crime is usually a professional crime, involving a system of specially defined relationship with mutual obligations and privilege. According to this definition, organized crime is usually a professional crime and everybody in the system is a professional in their criminal act. Every criminal knows his/her role clearly. There is no doubt or confusion. The definition also talks of specially defined relationships and obligations. There is a secret but solid network among the members. Similarly, the criminals among themselves oblige each other and take advantage of the gain or profit. No outside group or government machinery is involved in it,
- Thinker Donald R. Gressey stated that organized crime is any crime committed by a person occupying, in an established division of labour, a position designed for the commission of crimes providing that such division of labor includes at least one position for a corrupter, one position for a corruptee, and one position for an enforcer. According to this definition, there is perfect planning and delegation of roles to the concerned members (a division of labour) in organized crime. The members work like professionals whose duties and responsibilities are predefined. There are three persons involved. One of the person (corruptor) should be able to spread corruption who can easily make inroads into the bureaucracy to make them corrupt by way of bribing or other means to take the advantage of the loopholes into the existing system. Another person (corruptee) should be the one who has become corrupt by taking a bribe or become corrupt by other means. One person (enforcer) should be there to enforce or commit an actual crime.
- According to Huber an organized crime constitutes any enterprise, or group of persons, engaged in continuing illegal activities which has as its primary purpose the generation of profits, irrespective of national boundaries. This definition called organized crime as enterprise working transnational and their motive is to get money.
- According to Albini an organized crime is any criminal activity involving two or more individuals, specialized or non-specialized, encompassing some form of social structure, with some form of leadership, utilizing certain modes of operation, in which the ultimate purpose of the organization is found in the enterprises of the particular group‖
- Article 2 of the United Nation Convention Against Transnational Organized Crime provides that “organized criminal group shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this convention, in order to obtain, directly or indirectly, a financial or other material benefit”. According to this definition, the basic element of organized crime is that it needs a group of persons (minimum three) to get involved in criminal activity. This shows that a large number of organized crime syndicates do not engage a larger number of persons in the group. Rather, people who commit crime at the grass-root level are usually hired and paid money. They are even not aware of who is the boss or chief of the organization.
- According to Interpol’s Organized Crime Unit any group of criminals that have a corporate structure, whose primary objective is to obtain money and power through illegal activities often surviving on fear and corruption.
- US Taskforce on Organized Crime defines that ―organized crime is a society that seeks to operate outside the control of the American people and their Government. It involves thousands of criminals working within the structure as complex as those of any large corporation, subject to laws more rigidly enforced than those of legitimate Government. Its actions are not impulsive, but rather the result of intricate conspiracies carried on over many years and aimed at gaining control over whole fields of activity in order to amass huge profits.
Definition Under MCOCA:
Section 2(i) (e) of The Maharashtra Control of Organized Crime Act (1999) defines that organized crime means any continuing illegal activity by an individual singly or jointly either as a member of Organized crime or on behalf, such syndicates, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary or other undue economic or other advantage for himself or any other person or promoting insurgency‖.
The definition does not include a political motive. The phrase “continuing illegal activity” means more than one charge-sheet should have been filed against the suspect in proceeding 10 years and cognizance had been taken. Only then the case may be investigated under MCOCA against such accused (section 2 (1) (d) of MCOCA). The phrase “other advantage for himself or any other person or promoting insurgency” has ambiguity in it.
Characteristics of Organized crime:
- They act like enterprise (corporate) and has a corporate structure and shows continuity.
- There is a professional relationship between the members.
- There is a division of labour among members based on their skills.
- They maintain the secrecy of the organization, its operations, and its membership. (Omerta).
- For members, the organization comes before themselves and their family members. (loyalty).
- Members respect each other the most, behave honestly with each other, and never harm each other in any way. (Respect).
- Members carry out orders without asking any question or without showing any grievance. (discipline)
- The members are obliged to each other and provides reciprocal services to each other.
- They take advantage of the loopholes of law enforcement agencies.
- There is a secret but solid network among the members.
- The members work like professionals whose duties and responsibilities are predefined.
- The prime motive of organized crime is to obtain monopoly, money, and power.
- They use fear and corruption to achieve their goals.
Causes for Organized Crime:
- The tendency to obtain wealth and status at a fast rate.
- The tendency to obtain power by illegitimate means.
- The tendency to obtain monopolistic control to monitor prices
- The tendency to eliminate competition.
- Equal opportunities not available in society
- The belief in groups and minorities that they are excluded in society.
- The belief that legitimate methods cannot help to get wealth, status, and power easily.