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Organized Crime
Despite the American fascination with organized crime, as evidenced in popular media and academic attention, there is considerable disagreement as to what the term means or how to define it. The following discussions are each related to the social construction of organized crime and thus have theoretical and policy implications. Furthermore, because the operational definition of organized crime necessarily affects the criminal justice system vis-à-vis such matters as resource allocation, priority assessments, criminal sanctions, and so on, these contentious “academic” debates are, of course, ultimately related to issues of race, ethnicity, fairness, and justice.
The Definition of Organized Crime
Though the study of organized crime is primarily a sociological pursuit, the phenomenon is a subject of study in numerous other disciplines, including anthropology, economics, history, and political science. Despite, if not because of, this broad and varied inquiry into the topic, there is little consensus regarding what constitutes “organized crime” nor on who engages in such activities and why.
Rather than offering an explicit definition, most authors have opted to identify the key characteristics of organized crime, and four of these are most frequently cited in the academic literature: a continuing enterprise, using rational means, profiting through illegal activities, and utilizing the corruption of officials. Several authors have also argued that groups must also use (or threaten) violence and involve themselves in multiple criminal enterprises to merit inclusion in the organized crime discussion.
While these “defining characteristics” are commonly cited among scholars, this should not be interpreted as settling the issue. For instance, there is no consensus regarding what constitutes “continuity.” Is it continuity of a group, of a conspiracy, or of a crime pattern? What duration of time constitutes continuity, regardless of which factor is chosen ? Similarly, there are questions regarding “multiple enterprises.” How many are required and how would this be operationally defined? For example, an organization may be grounded on narcotics trafficking while by necessity evading taxes and laundering money. Furthermore, it can be argued that violence and corruption are merely “management tools” and that criminal enterprises may indeed thrive without the necessity of these tools (e.g., if law enforcement is ignorant of the problem).
There are other ongoing debates in the study of organized crime, and three stand out. Researchers continue to discuss such issues as the distinctions between organized crime and “white-collar” crime and between organized crime and gangs. The other dispute concerns the degree of organization or sophistication exhibited by syndicates.
White-collar crime has been most commonly defined as “crimes committed by persons of high social status and respectability in the course of their occupation. “However, if one focuses on the activities as opposed to the individuals involved in the activities, numerous white-collar conspiracies quite easily fit the criteria listed previously (i.e., continuity, corruption, multiple enterprises). For instance, several studies have demonstrated that securities frauds are often enduring and complex, requiring the use of financial “fronts,” money laundering and the artful skills of accountants, financiers, and lawyers, the corruption of public and regulatory officials, and/or violence and so on. These studies have thus demonstrated that without an emphasis on the economic and social standing of the offender, these offenses would be considered organized crimes.
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