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In this paper I am going to explore and analyze the criminal justice system respond to one of the forms of crime, to identify the main strengths and weaknesses of this response and to examine white collar and corporate crime, organized crime, illicit drugs, and violence in the US legal system.
In order to fully and properly describe this theme it is necessary to examine criminal justice system and its main characteristics.
Criminal justice is the system of institutions and practices of governments aimed at deterring, mitigating crime, maintaining social control, and punishment those who break laws with rehabilitation efforts and criminal penalizations.
According to Law Library - American Law and Legal Information
"A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations. In the United States, there are separate federal, state, and military criminal justice systems, and each state has separate systems for adults and juveniles." (Criminal Justice System retrieved from http://law.jrank.org/pages/858/Criminal-Justice-System.html).
Criminal punishment is the measures of the state's impact used to the person, who committed the crime. Therefore, punishment is a kind of social consequences of the crime. In legal terms criminal punishment serves as a basic form of the implementation of the criminal responsibility. State's right to punish derives from the problem of security people living together in society, maintaining intact the "legal system of social life". Currently, penalties are usually applied only to the court and the only statutory procedural order.
Punishment has two main functions: legal and social. The legal function of punishment reflected in the fact that it serves as a measure of the implementation of the criminal responsibility. The social function of punishment reflected in the fact that it is a means of the fight against crime. It protects the public from attacks on its basic values. According to Karl Marx, the punishment is "a means of self-protection of society against the violation of the conditions of its existence, no matter what these conditions are" (Marx & Engels, 1983). Punishment's application for crime not only allows to repair a damage caused by crime and restore a public order, but also to strengthen the social climate by creating a citizens' belief that violations of the rights, liberties and public interests do not remain without attention of the state, which applies punitive sanctions to the violators.
National Fraud Information Center concluded that about one out of every three US households became a victim of white-collar criminals for the past few years, but only about 40% of victims report the crime to the police. Most victims do not apply to law enforcement authorities only because they are not even aware that they were deceived. Moreover, even those US citizens, who suspect that they are witnesses or victims of such crimes, are not convinced that such an activity is indeed illegal. Statistics show that white-collar crime more difficult to investigate - only every fifth treatment of victims or witnesses to law enforcement or consumer protection society leads to the conviction of the offender. The average fraud in the United States could be sentenced to imprisonment for a term of up to 18 months. But usually the fraud becomes free in a year.
Corporate crime also poses a real and very significant threat to business. The timely adoption of appropriate measures aimed at preventing crime or a rapid response to illegal actions, is critical. Fraud and theft, which can become objects of intellectual property and inventory, cyber-crime and corruption - these are serious problems, resulting in multibillion-dollar losses. These risks are subject to all organization: the emergence of this threat does not affect either location or a size of a company or industry in which it operates, nor the scope of its activities. This risk is real; it is widely distributed and cannot but causes a concern. This is a well-known fact that the US average company loses due to misconduct of employees around 6% of revenues.
Corporate crime can be divided into two main types: the withdrawal of assets and manipulation of financial reporting.
The most effective way to straggle against corporate crime is the so-called hot line, or line of disturbing phone calls. Any employee can call the independent management authority and report any suspicious activity. For the person who submits an alarm shall be guaranteed full anonymity. In this way achieved a greater effect than in tests of the internal and external auditors.
The United States fight against organized crime nearly 70 years. Nowadays, we can say that the country has accumulated a considerable experience in countering this dangerous type of crime. The fight with organized crime is regulated by primarily criminal laws. These include the US criminal laws, which basically has already happened. It is formed of a set of rules in the Criminal Code and special laws. It is important to pay attention to the proactive nature of these regulations.
Organized crime is the system of state and public bodies aimed at ensuring compliance with the criminal law that is characterized by an active opposition to crime and manifests itself in crime prevention (by acting on its determinants) and suppression of crime, the use of measures of responsibility for criminals. As rightly observed by many investigators, organized crime is not just one form of crime, but a phenomenon which is playing an increasingly growing role of destructive economic, political, cultural and spiritual life of society. In view of this particular, there is an urgent need to adequately counter the threat from the state.
Organized crime in the United States has long been associated with certain ethnic groups, particularly the Italian-American. The concept of "an alien-conspiracy mode" examines organized crime as a secret community of foreign ethnic groups, united into a single nation-wide hierarchical structure of families, which is based on secrecy and loyalty. This stereotype was formed by high-profile events late 50's - early 60's, including the arrests of alleged national leaders of organized crime in Apalachine, New York in 1957 and important testimony of a former member of a mafia-like groups of Joseph Valachi in 1963. Organized crime was considered at that time as a nationwide community, hierarchically structured and operates on the verge of getting into the world of legitimate business. Nevertheless, the evidence suggests that organized crime in the USA is more "loose confederation" of small criminal groups linked by kinship or not secret oaths, but rather by economic motives. The structure and nature of organized crime in the United States changed gradually, following the American society, the demand for illegal goods and services which varied according to historical realities. The basis of criminal activities of organized crime in the USA are traditionally the gambling and drug trade, which, however, does not prevent the persons involved in criminal organizations that deal with other kinds of illegal businesses from extortion to dumping toxic waste. Currently, the main most common types of organized criminal activity in the USA are drug trafficking, the organization of prostitution, illegal migration, illegal trade of alcohol and gasoline, credit card fraud, loans under the exorbitant interest rates, fraud insurance and the provision of "protection". Some experts estimate that in the USA more than 50,000 people are members of organized crime groups whose earnings each year is 150 billion dollars.
"The Racketeer Influenced and Corrupt Organizations Act ("RICO Act") was adopted in 1970. RICO Act is intended primarily for the prosecution of criminal organizations engaged in entrepreneurial activities. It can be concluded that its main purpose is to stop the infiltration of organized crime in legitimate business.
RICO: a) criminalized activity itself to the leadership of a criminal organization and membership in it, i.e., define the responsibilities of criminal groups' members for the system of so-called plot; b) declared illegal the leadership of an enterprise engaged in a racketeering activity; c) allow law enforcement agencies indict and prove the existence of a systematic criminal activity and its relationship with the existing legal and illegal enterprises under the control of organized crime; d) allowed to use a means of combating and prevention of criminal and civil order; e) to toughen penalties for organized crime; f) provided for the submission of a criminal activity's evidence beyond the period when a person can be charged, as well as in the case where the expired statutory limitation periods and criminal prosecution must be in connection with the terminated; and j) made a presentation of a criminal activity's evidence, which has previously been subject to litigation that is not normally allowed under the constitutional rules against the re-conviction for the same offense.
As a result, until 1990 one thousand "main actors" of organized criminal groups and their aides were sentenced to long terms of imprisonment, including the 5 most influential "families" of New York, and members of Cosa Nostra in Boston, Cleveland, Kansas City, Pittsburgh and other cities.
Drug Enforcement Administration (DEA) is the agency within the United States Department of Justice, engaged in fulfillment of the federal drug law. It was organized in July 1, 1973 with the help of two Bureaus: the Bureau of narcotics and dangerous drugs with the Bureau of Drug Abuse Control. In addition, it reports directly to the head of the Ministry - the US Attorney General, who appoints the Director of the Office. The powers of the DEA are not only to control drug trafficking in the country, but also to suppress the production of these substances in foreign countries, as well as anti-drug propaganda.
Since its inception, DEA devotes considerable attention to combating the production and import of psychotropic drugs cannabis. During 1970 the Office has three major operations to eradicate marijuana cultivation in Mexico, in early 1980 cut off the channels of delivery of marijuana from Colombia, so that the drug "crack" for some time became less of marijuana, and American fans were forced to switch to hemp at home growing up. In 1982, DEA established a special department for drug cannabis, which is engaged in the eradication of the crops in the country. "Hemp Farmers" identify procurement greenhouse equipment and fertilizers, seed orders from the Netherlands, increased consumption of electricity and other related factors. Plantation of cannabis grown outdoors is destroyed by herbicides. In the mid 1990's DEA agents destroyed several major "buyers' clubs" in California and New York City jail were seriously ill people. Despite the fact that the DEA enjoys a stable support for the US government, many state legislators have recently openly oppose the position of the Office of a "hemp issue." In 1996, the medical use of drugs marijuana was legalized in California and Arizona. Soon several states followed their examples.
Violence is a form of aggression, such as murder, rape and assault.
There are numerous types of violence classification depending on the trait. Here are: by the principle of an action: physical, psychological, emotional, sexual, etc.; by social grounds: political, religious, domestic, gender, violence against minors, animal abuse, etc.; the number of victims: massive, group, individual; by its form of a damage: threat, terrorism, extortion, rape, attacks on a property or territory, the promotion of violence through the media, etc.; by a belonging to certain classes of beings: divine (violence used by God or gods, the cases described in the religious literature), other-worldly (the part of so-called ghosts, goblins, devils, demons ... cases are described from the words of the victims, while the reliability is questionable), an alien (from the so-called aliens, the cases described in the words of the victims, while also doubtful authenticity).
Criminal Justice Agency has different departments, which deal with different problems. Department of Homeland Security is a federal agency that is at the disposal of Criminal Justice Agency. The criminal justice system responds to one of the forms of crime and it main goal is to prevent American citizens from threat and terrorism.
After terrorist attacks the White House has forced to create Homeland Security Council (HSC), a new body to "advise and assist the president in a strategy of internal security" and "become an instrument of coordination between all structures of executive power generating and workplace policies security within the country." The administration has a new position: Assistant to the President for Homeland Security. At the same time, the NSC continues to be responsible for coordinating efforts to combat terrorism abroad. As a result, all internal and external efforts to combat terrorism are coordinated by the relevant committees in the structures of NSC and HSC.
Violence against children is engaged in many countries. The U.S. Immigration and Customs Police (US Immigration and Customs Enforcement) (ICE) only from July 2003 to August 2004 was arrested about 4 thousand suspects and their accomplices. Under the auspices of the ICE there is an international project "Operation Predator" to protect children from violence, human traffickers, sex tourists and traffickers pornography. The US data on all offenders that ever committed sexual crimes are widely available. Any US resident is entitled to know whether such offenders are living near his home or work. To a special website states publish names, photographs and addresses of persons previously convicted of rape, sexual abuse of minors and other crimes. June 29, 2006 started from the American online database of perpetrators of sexual crimes, joined by all 50 states.
According to a study for the Department of Justice, made in 2007, 18% of adult American women (every sixth) were raped at least once in their lifetime. These data are roughly coinciding with those of other similar studies and, thus, adequately reflect the real picture. However, the USA must take into account the essential difference in determining what is considered to be a rape. Sexual intercourse with a person under the age of sexual consent is considered rape, even if there is the full and express consent.
Another violence that is prosecuted by law is extortion.
Extortion is the transfer of another's property or rights to property or commit other acts of material nature under violence threat or destruction of others' properties, as well as under the threat of dissemination of information defaming the victim or his relatives or any other information that may cause substantial harm to the rights or legitimate interests of the victim or his relatives.
Violence as one of the forms of crime that is strictly punished by law and all forces directed at the fight against this crime.
Taking everything into consideration it is important to mention that the President's Commission considered the criminal justice system to be the means for society to "enforce the standards of conduct necessary to protect individuals and the community." (President's Commission on Law Enforcement and Administration of Justice, 1967). The criminal justice system that deals with the goals of crime prevention and control includes three main parts: 1. Law enforcement (police); 2. Adjudication (courts); 3. Corrections (parole, jails, probation and prisons). These separate agencies act together under the rule of law in a criminal justice system.