Commission to Investigate Organized Crime - Case Study Example

US Law Enforcement and Organized Crime

1.

Organized crimes are very complex concerning their structure and organization. Establishing their operations is difficult due to their long history and the fact that they operate indiscretion (Bullock, Clarke & Tilley 2010). Their activities are also intense because they normally have people working for them in many areas. That is why it is important for a commission to be established to investigate organized crime. These commissions are very competitive because the appointees are usually highly qualified and have experience in matters dealing with the law and crime. The commissioners make thorough and intense research about the crime groups both at the national level and at the regional level. This is because there are very many crime groups and these groups operate in different states. Some of them operate in one state while others have intensified their operations to other states. The commission, therefore, establishes the regions of operations and go ahead to carry a thorough investigation on them by ensuring that their investigations cover the major areas of these groups.

The commission establishes any link or any form of cooperation that a particular group may have with another group from another state or another country. The commissions also determine the major crimes that these groups involve themselves in (Albanese, 2010). These groups normally involve themselves in different offenses. These crimes range from drug trafficking, murder for hire, mortgage fraud, violence, theft among others. The commissions, therefore, determine the real crimes on which they band their investigations. They check on all the crimes a particular group commits and the sources of their income and the total revenue that they earn. Since the commissions are professionals, they then evaluate the necessary laws that can be used to punish those involved in the crimes.

The commissions are given sufficient funds to investigate organized crime. This is significant to assist in the investigation process (Albanese, 2010). These groups are ruthless, and they murder anyone who gives information about their operations. Most witnesses at times do not disclose any information with fear of losing their lives. Since the commissions are empowered, they can put the witnesses on protection, which promotes investigations. The commissions are also effective in the process of an investigation because they do not drag investigation. They are usually given a specific timeline, which they ensure that they meet. Therefore, for a quick investigation, the commissions can be relied on. This is because they are consistent with their investigations from the start to the end without any distraction as all their attention is focused on the investigation.

The commissions advise the president and the attorney general about organized crime. They give a detailed investigative report on their findings, which is necessary for controlling organized crime (Bullock, Clarke & Tilley, 2010). They advise on the best actions to be taken against those involved. They also give recommendations on any laws of enforcement that are supposed to be improved or introduced to help in preventing crime. They also advise on any recommendations on the system of the judiciary concerning organized crime.

2.

The war on drugs with regard to the Columbian drug cartels has had a positive impact on the U.S. This is because of the reduced rate of drug trafficking that has been witnessed (Bagley, 2012). In the past years, the rate of drug trafficking to the country was high. The drugs that are mostly used are hard drugs such as heroin and cocaine. These drugs were mostly from Colombia and Mexico through drug cartels that were involved in organized crime. These cartels usually have connections with some people in the country who help them. When they get in the country, they are then distributed to various states. The federal-state committed many funds for the fight against the drugs. This involved carrying out investigations so that they would determine and uncover the cartels that were very organized. They also called for the government of Columbia to assist them in the fight against these cartels of drugs. The fight on these drug cartels has not been totally won, but there has been a significant drop in the rate of drug use in the country. This can be attributed to the efforts of the federal government in conjunction with the government of Columbia. The war has managed to unearth some of the operations of these cartels, therefore, inhibiting their activities. There have been laws that have been formed that have helped in the war against the cartels.

Some of this legislation includes The Controlled Substances Act of 1970, which enacted the federal Controlled Substances Act, which regulates commerce between one state and another. Drugs were categorized, and there were possession restrictions on drugs such as heroin, marijuana that have severe effects (Kesselheim, 2011). This act led to the formation of other acts such as The Comprehensive Control Act of 1984. There was also the 1986 Act of Anti-Drug Abuse Act that raised the penalties, which those who could be caught with drugs would face. The top-level offenders would be imprisoned for life in prison. There are also high penalties depending on the amount of drugs in grams that one is found to being in possession. Due to the need to unearth these organized cartels, the federal government pardoned those arrested on condition that they give information on the cartels. This led to the Drug Dealer Liability Act of 1999. The drug dealers were allowed to sue the state for any damages on condition that disclose information on the source of the drugs. This helped in establishing this sources, therefore, making it easier to destroy them by arresting them and seizing the drugs. Children under the age of 18 were mostly used by the drug cartels to distribute drugs. Therefore, stiff penalties were put against the dealers of drugs that used children in the business of drugs. This was in a bid of protecting children through the 2000 act of Protecting Our Children from Drugs. This has helped to curb the distribution of drugs in learning institutions and other playgrounds. Other acts have been proposed and which aims at stepping up efforts at fighting the influx of drugs.

3.

The organized crime groups pose a significant threat to the United States. These groups are more dangerous than terrorist groups (Bagley, 2014). This is because they interfere with the economy of the country. They steal from people, businesses, and the state. They never pay taxes hence cost the country’s development. They also engage and promote corruption because they always offer bribes so that their illegal activities can go on.

Organized crime brings about political instability. This is because they interfere with the government of the day so that they can have a government that supports their legal dealings (Felbab-Brown, 2011). They do this by ensuring that they have leaders at the forefront of elective positions so that they can facilitate their operation once they are in office. They fund their campaigns and campaign for them so that they can cling these posts. This brings about leaders who are not honest and leaders who are corrupt and who cannot push policies that focus on the development of the country. These mafias also interfere with the electoral processes because they influence them negatively by promoting electoral malpractices through corruption.

Organized crime promotes drug and substance abuse. There are organized groups that deal with drug trafficking to America (Bagley, 2014). These groups are mostly from central and South America. They smuggle drugs such as cocaine to the United States that at the end of the day contributes to the decadence of the society. The effects of drug and substance abuse are very dire, and the young generation has been the target of this drugs. This has left them unproductive and vulnerable to crime. The drugs affect them severely, and they end up dropping out of school and colleges. They then indulge in criminal activities so that they can make ends meet and to raise money for the drugs. Organized crime has contributed to the moral decadence of the society.

Organized crime contributes to acts of terrorism. Organized crime operates in an environment that is not politically stable (Bagley, 2014). Therefore, they always try to destabilize the country. In cases where the country is politically stable as the United States, these mafias try to find loopholes of destabilizing the country. Organized crime groups can, therefore, engage in terrorist activities so that they can destabilize the country. They use such tactics so that they can diverge the attention of the government of the day from focusing on them. Sometimes they can also retaliate because of being interfered by the government of the day operationally. These groups also fund the activities of the terrorist groups.

Organized crime has contributed to rising of illegal guns and other weapons in America. These weapons are used to facilitate crime in the country (Felbab-Brown, 2011). Many people have been arrested because of being in possession of illegal weapons. There are also individuals who have been killed or arrested because of killing people using the weapons. Most of these weapons have been brought into the country by these mafias. There are also some mafia groups that engage in the business of selling illegal arms. They sell weapons to terror gangs, which use them in their terrorist activities.

Organized crime contributes to violence that exists in the country, for instance, the violence that was between the civilians and the police (Bagley, 2014). The mafias recruit mostly blacks and Latin Americans to help them in their dealings. These gangs are killed by the police in the line of duty. The mafias then go to the communities of the slain people and spread lies that they have been killed on racial grounds or they were killed innocently. They incite the people who then rise against the police and on the process, violence erupts.

4.

Several outlawed motorcycle gangs have been in existence for quite some time now. Efforts have been put to suppress them, but these groups have continued with their illegal operations. One of them is the highwaymen. The reasons for its existence are as follows.

Corruption has contributed substantially to the existence of this group. The government of the day may put up efforts to stamp out these groups, but the officials are always bribed (Barker, 2010). This gang commits numerous crimes ranging from drug trafficking mainly cocaine, mortgage fraud and murderers for hire. Usually, police make arrests in high numbers, but at the end of the day the people are arrested, convicted and charged in a court of law. This is because the top officials of the agencies that are responsible for investigating and charging them in court are bribed and therefore the whole process compromised. This gang is organized and the top people who manage it are rich, and they bribe their way out. Most of the gang members are often released, and they go back to committing the crimes. This gives them leverage because they are assured of being released even if they are arrested.

This group is politically influenced. This group is usually used for political gains of some politicians (Vigil, 2010). For instance, they are used to campaign for particular people during the elections. These people when they get in the positions, they use them to protect them from being suppressed by the agencies that enforce the law. These politicians pay them so that they use them for their gains. It is because of these people in political positions that protect this gang that it has been able to thrive. As a result of this, the group has continued to get more people being recruited so that they have the numbers that are necessary in the world of politics.

Unemployment has also contributed to the existence of the group. Most members of the gang are not economically sound or financially stable. They, therefore, turn to crime so that they can manage to survive. The gang becomes as an alternative to employment. The main reason why they join the group is to earn a source of income. Some of the members that join are usually drug addicts who do not have a source of revenue, and they, therefore, turn to criminal gangs so that they can finance the life of drugs and good life. This explains why they are involved in activities such as murders for higher. They are hired and then paid heavily for that. They have been known for killings, but it is all because of money.

Their leadership is very organized and complex. The people who own the group are prominent, and they are connected well with the government (Barker, 2010). Some of them work for the government, and this contributes to their existence. The leadership is normally complex making it hard for the law enforcing agencies to crush them. The leadership is organized such that if one leader is eliminated, there is a replacement.

5.

A social contract is an agreement between two members of a society that is organized or between a ruler and a community stipulating the rights and the duties of each party (Strauss & Crapsey, 2012).

John Locke

He argued that all people are equal and free which was contrary to the teachings of God that people were subject to their rulers. Everyone has rights such as the right to life or the right to property or right to freedom irrespective of the society in which one came from (Strauss & Cropsey, 2012). He said that all people had equal rights and freedom. He further argued that people are free and they are justified for the understanding of their governments which they transferred some of their rights to as a result of social contract so that they can be stable. The governments existed because they are allowed to the people, and these governments are supposed to work for the people so that they can promote all that is good for the public. The people have all the rights to complain and even eject them from their positions if they do not serve them well.

Jean-Jacques Rousseau

He carried a research on inequality and came to conclude that the first sate was as a result of the social contract (Strauss & Cropsey, 2012). He argued stated that the reason why there are states is that those who were wealthy and powerful duped those who were poor so that they would introduce inequality as a feature of humans that is fundamental to the society. He gave his conception of social contract. He opened with lines that were dramatic that every man is born being free and is bound to be live like that. Those who think that they are masters of others end up being slaves of their subjects. He argued that the “state of nature” was outdated and had no law or morality, which was left out by the humans intentionally for benefits and cooperation. He argued that it was not necessary for the people to obtain sovereignty through an assembly of representative. People were supposed to form laws that guide them directly without someone else doing that on their behalf

Thomas Hobbes

Hobbes further elaborated the theory of social contract. He used the theory to come up with an argument that rivals those of Locke and Rousseau (Strauss & Cropsey, 2012). He argued that the government or the authority of the day had divine powers and the subjects are supposed to submit entirely to the authority. The powers that the authorities had were sovereign and unlimited. He argues that people are not forced to surrender their rights, and that is why they have to submit to the authority and them going against the authorities is similar to going against God. His theory faced a lot of criticism and contributed to him being infamous.

Federalism is a government system where there is a division of power between the highest authority that is central and constituent political units. The three levels of policing in the United States are namely the federal enforcement, state enforcement and local law enforcement (Gaines & Kappeler, 2011). The federal law enforcing agencies are obligated with upholding the federal law and supporting the other levels. State enforcement upholds the law at the state level while the local enforcement upholds the law in a particular place such as a city or county.

6.

The federal Bureau of Investigation (FBI) is an organ of security that is concerned with looking for intelligence that is meant for purposes of security. Therefore, during the hiring and recruitment process, the candidates go through intense scrutiny because this is a sensitive and vital organ of the state (Feemster, 2010). The recruits are supposed to have particular qualifications such as knowledge, commitment, and the necessary skills that can assist them in the investigation of crimes such as terrorism and other crimes.

The training of the FBI is similar to that of that of quasi-militarism. Bureaucracy is applied in both the recruitment and training of the officers. The hiring process is usually intense with the candidates going through an elaborate procedure (Pollitt, 2010). This is because they must get people who are highly qualified and who will serve the tough duties in that force. The training is structured and planned very well. The FBI training takes 800 hours, and it is overseen by the senior offices in the organ. The training involves web courses that focus on particular areas such as training on the use of firearms, academics, operational skills and case exercises. They are also taught about the law, interviewing and reporting skills and forensic science. The FBI academy trains the students on cyber-crimes, mass destruction weapons, terrorism among others.

Similarly, the para-militarism also trains its officers in courses that involve techniques of investigation, criminal law, the use of the firearm, basic fundamental principles and physical activities that are challenging. It also extends its training to the writing of reports, tactics of defense, patrol and traffic enforcement, community policing and culture (Feemster, 2010). They are also taught on issues of ethics, vehicle operations, leadership and how to handle different situations that may arise in and off the line of duty.

The case exercises of the FBI involve the trainees being taught in real life situations. Case scenarios that are based on criminal acts such as terrorism are formed, and the trainees are supposed to investigate and bring to book all those that are involved with the criminal activities (Pollitt, 2010). These investigations are carried out in various streets the main one being Hogan’s Alley. The trainees are given an opportunity to present reports about their investigation. Similarly, the para-military are trained in the field where they are exposed to situations that happen in real life. They are exposed to crime scenes and situations that need intensive investigation.

Both the FBI and the para-military exposure of the field are similar in that they both serve as platforms of measuring how effective recruits are. Their training is also used to eliminate those who are ineffective for the police force (Feemster, 2010). It is also used to point on any loopholes that may be during the training process and to come up with ways of rectifying and improving the training.

7.

The hiring of the law enforcement agencies starts with the initial applications of those who are interested in the job or those who meet the necessary qualifications. The applicants fill the application form and fill some questionnaire (Swanson, Territo & Taylor, 2016). During the main interview, the candidates take an examination that is written. This examination is meant to assess their general knowledge and not specifically about law enforcement. The examination mainly deals with comprehension reading, problem, skills of problem solving and judgment skills, memory and skills of writing. All these are meant to measure the general reasoning of a person. Some of the agencies post guidelines that the applicants may use in preparing for the exam. There are video reviews that involve students watching a certain scenario and then they are asked questions verbally concerning some aspects of the video. This is meant to assess interpersonal and judgment skills of the applicant.

The candidates are then tested on their physical ability or fitness. Enforcing of the law requires a person who is physically fit (White & Escobar, 2008). There are set physical tests that the agencies use or test on job simulation or both depending on the recruiting agency. The fitness is important in assessing the applicant’s fitness by evaluating their strength and their level of endurance including their cardiovascular health. Tests on job simulation include running, weight dragging or wall climbing. This is meant to measure the candidate’s ability to execute specific tasks that are related to the job of law enforcement. From there a thorough background investigation is carried on the candidates. This is to ensure that none of the candidates has a professional or personal issue that may touch on integrity issues. A candidate's past is investigated including his character, history of residence, criminal records, and academic records among others. Fingerprint check is carried out, and all those who know the candidate are contacted and asked about the conduct of the candidate. A test on the illegal drug is then carried out by the candidate. This is to ensure that a candidate chosen is one who does not use any illegal drug. They are taken through a psychological test to check on the candidates’ mental stability. This is done through an interview and supplemented by written examination. This is necessary for character evaluation and emotional testing. A lie detector is often used in the verification of the information that the candidates give. An extensive medical test is then carried out on the candidates who have passed the interview to ensure that their health is good.

Some laws impact on the recruitment and the process of hiring. Title VII of the civil rights act of 1964-42 indicates that no one is supposed to be discriminated against on racial lines (White & Escobar, 2008). The age discrimination in employment act also impacts on the recruitment as it states that no one is supposed to be discriminated against along age lines. It does not, however, indicate the age limits for hiring and retiring.

8.

Robert peel made great contributions to the police forces. This was at the time when the police were facing distrust from the public (Grant & Terry, 2008). He is known as the father of the modern day police. During his time as the prime minister, the population of England was proliferating, and social control was no more. The social control model, which was being used in the control of riots, was not working properly. The police became known to be abusive when collecting evidence and they used their positions to conduct sentences. The way in which the police conducted themselves was wanting, and it faced opposition from the public because of the bad way in which they conducted themselves. Robert peel shared the same concerns and therefore wanted the police to become more professional so that they could be able to carry out their roles well. In earlier days, the citizens were being used in social control, but he felt that it was not necessary for them to be part of the daily operations that were involved in community policing.

He, therefore, wanted to come up with solutions that would help in controlling the people’s abuse and their misuse. He also wanted to control the act of always using the military whenever there were social unrests (Villiers, 2006). He wanted to develop a force that would serve its citizens well and provide quality services to the people. He believed that the police and the people represented each other. He also shared the belief that the best way to control crime was to keep it away from the individuals and the community. He wanted to introduce reforms that would be useful to the police and the people, and this is the reforms that modernized the police and are being used in the modern day policing.

In the event of reforming the police, he formulated nine principles that reflected the vision he wanted the police to stand for. He argued that the primary role of the police was to prevent crime and maintain order (Grant & Terry, 2008). This means that the police are supposed to control any crime before it happens. He also argued that public approval is critical for the police to carry out their duties effectively. This means that the police need to work with the community actively. The primary objective of policing is to get the level where the community voluntarily complies with the law. The police must at all times work independently and be impartial when carrying out their functions and must not be influenced by the opinion of the public. The police must acknowledge that the cooperation of the community is essential for facilitating their function of preventing crime and therefore they should work towards achieving the trust of the public. The police must also carry their duties impartially and should not be swayed by the whims of the public. The act of the police using force should be the last resort, and this is when other peaceful ways have failed. The police should at all times acknowledge that they are part of the public and they should always serve and protect it. The effectiveness of the police is not determined by the number of arrests but by the absence of criminal acts. These principles are important for they are the basis on which the modern day police operate on.