Law Journal Library - Skip to main content
Content Start

Click here to view short-term subscription options to access this document.

20 J. Pub. L. 59 (1971)
Organized Crime--Violence and Corruption

handle is hein.journals/emlj20 and id is 65 raw text is: ORGANIZED CRIME-VIOLENCE AND CORRUPTION
William S. Lyncht & James W. Phillips
organized crime as those unlawful activities in which members of a highly
organized, disciplined association engage to supply illegal goods and
services.' Thus, Congress stated what organized crime is, and the President in
his Organized Crime Message of April 23, 1969, stated how organized crime
was able to maintain its empire. [T]he organized criminal relies on physical
terror and psychological intimidation, on economic retaliation and political
bribery, on citizen indifference and governmental acquiescence. He corrupts
our governing institutions and subverts our democratic processes.2
To maintain its exclusive markets for illegal goods and services and to
insulate its activities from governmental interference, organized crime
enforces, disciplines and controls its members and potential competitors by
fear and violence, and it nullifies civil and criminal sanctions of governments
by corrupting public officials. Organized crime's enforcement patterns can
be observed in the factual situations reflected in appellate review of
prosecutions undertaken in the past.
Discipline and Control Through Violence
Organized crime maintains organizational integrity and business
continuity by arranging for the maiming and killing of recalcitrant members,
potential competitors, or witnesses against the group. In Patriarca v. United
States,3 the court in affirming the conviction of the leader of the organized
crime syndicate in New England4 stated that:
The gist of the alleged conspiracy was a plan involving the
appellants and [another] to kill. . the proprietor of a gambling
establishment in Providence. This establishment, which continued
to operate after once being raided, had caused overt police
tB.S., Fordham University; LL.B., Harvard University Law School. Chief, Organized
Crime and Racketeering Section, Criminal Division, Department of Justice.
'Omnibus Crime Control Act of 1968, 42 U.S.C. § 3781(b) (Supp. V, 1969).
'115 CONG. REc. 1041 (1969).
1402 F.2d 314 (1st Cir.), cert. denied, 393 U.S. 1022 (1968).
'Hearings on Organized Crime and Illicit Traffic in Narcotics Before the Perm. Subcomm.
on Investigation of the Senate Comm. on Gov. Operations, 88th Cong., Ist Sess., pt. 1, at 284
and pt. 2, at 549-64 (1963).

Already a Subscriber?

What Is HeinOnline?

HeinOnline is the world’s largest image-based and fully searchable legal and academic research database. Material contained in HeinOnline is an exact replication of the original printed product, and coverage is typically comprehensive. Contact us today for a free demo of this incredible resource.

We offer annual subscriptions to all HeinOnline collections to universities, colleges, law firms, individuals, and other institutions. To request a quote or trial, please click here.

Please note: the content in the Law Journal Library is constantly changing and some content has restrictions as required per the license. Therefore, please review the available content via the following link to ensure the material you wish to access is included in the database. For a complete list of content included in the Law Journal Library, please click here.

Learn More About the Law Journal Library (pdf)
Back To Top Jump To Bottom