Organised Crime: Redefined for Social Policy
| Author | Mark Clark |
| Published date | 01 May 2005 |
| Date | 01 May 2005 |
| DOI | http://doi.org/10.1350/ijps.7.2.98.65775 |
| Subject Matter | Article |
Organised crime: redefined for social
policy
Mark Clark
Jimboomba Police Station, Jimboomba 4280, Queensland, Australia 4304; tel: (617)
55460144; email: Clark.MarkB@police.qld.gov.au
Received 25 February 2004: accepted 23 August 2004
Mark Clark has 31 years of service in the
crime to develop community capacity building to
Queensland Police Service and currently holds
resist crime in isolated communities.
the rank of Inspector. He has a background in
criminal investigation, prosecutions, and uniform
INTRODUCTON
policing. He holds a Master’s degree in Public
Policy and Administration and is currently pursu-
One of the most significant threats to soci-
ing a doctorate in Public Policy.
ety in the twenty-first century is trans-
national crime. This phenomenon has been
eclipsed by the war on terror in political
A
agendas, yet the differences have more to do
BSTRACT
with legal constructs than societal
This article argues that the modern concept of
outcomes.
problem-orientated policing requires that organ-
Policing has moved to problem-
ised crime be redefined in sociological and political
orientated models embracing social solu-
science terminology to identify opportunities for
tions in respect of crime matters, not just
community-based policing initiatives to be uti-
prosecutions in the criminal court. Com-
lised in undermining its institutional base. It
munity safety has also edged in front of
seeks to redefine organised crime by its use of
retribution in terms of importance with an
power and acts of victimisation. The article
increased emphasis on prevention rather
reviews a number of traditional organised crime
than punishment alone. In the 1990s, for
groups by undertaking an historical power ana-
example, there was a growth in pressure on
lysis process to substantiate this argument. It
authorities to prevent activities of violent
identifies the conditions and societies that gave
offenders by development of policy and
rise to organised crime. It discusses the initial
legislation for early intervention (Kemshall,
community or institutional purpose of the orga-
2001).
nised group and how it mutated to dominate by
This redress of the balance between pre-
acts of criminal victimisation.
vention and punishment has not yet
The view is expressed that a victim-centred,
occurred in the area of organised crime.
problem-orientated policing policy is necessary to
Whilst there have been measures to limit
understand the legitimacy of organised crime in
organised crime by the surveillance of finan-
isolated communities and to remove barriers
cial transactions and a greater scrutiny of
between the police and these communities. This
certain individuals and their criminal acts,
International Journal of Police
view promotes the use of specially trained com-
there has been little appreciable attempt by
Science and Management,
Vol. 7 No. 2, 2005, pp. 98–109.
munity police officers who are directly linked to
policing to deal with organised crime by a
© Vathek Publishing,
1461–3557
other agencies engaged in suppressing organised
community-based, problem-orientated
Page 98
Clark
approach. The emphasis has been on expen-
acting in concert with the aim of
sive bureaucracies and legal structures to
committing one or more serious crimes
prosecute key members of the conspiracy for
or offences in accordance with this
selected specific offences. Morrison (2002,
Convention in order to obtain, directly
p. 1) makes the following point:
or indirectly, a financial or other mater-
ial benefit. (United Nations, 2000,
operational organisations, such as law
Article 2)
enforcement and intelligence agencies,
have maintained a preoccupation with
The Crime Commission Act (Qld) 1997
the activities or enterprises of organised
offered a similar definition in section 8 of
criminals. It is disappointing that com-
the Act:
paratively little analysis has been at-
tempted of the broader impacts of organ-
‘Organised crime’ means criminal activ-
ised crime on local communities — pos-
ity that involves —
itive as well as negative — in terms of
(a) indictable offences punishable on
social, economic and environmental
conviction by a term of imprisonment
consequences.
not less than 7 years; and
(b) 2 or more persons; and
A redefinition in social rather than in legal
(c) substantial planning and organisation
terminology may assist problem-orientated
or systematic and continuing activity;
community policing measures to strengthen
and
or complement traditional measures to
(d) a purpose to obtain profit, gain,
diminish or destroy organised crime. The
power or influence.
object should be to achieve an integrated
public policy, encompassing all aspects with
The Pennsylvania Crime Commission
a complementary service delivery. The ‘silo’
(1980, p. 3) defined organised crime as:
approach of a law enforcement model iso-
lates and dissipates social measures from
The unlawful activity of an association
impacting upon, perhaps, the greatest threat
trafficking in illegal goods or services,
to the well-being of the individual in this
including but not limited to gambling,
century.
prostitution, loansharking, controlled
substances, labor racketeering or other
unlawful activities or continuing criminal
PAST DEFINITIONS OF ORGANISED
conspiracy or other unlawful practice
CRIME
which has as its objective large economic
Past definitions have concentrated on the
gain through fraudulent or coercive
nature and severity of the offences com-
practices or improper governmental
mitted, the economic effects of the crimes,
influence.
the number of persons engaged in the con-
spiracy and the enduring nature of the
Herbert and Tritt (1984) argue that
enterprise (Morrison, 2002, p. 1). The
organised crime has six basic attributes.
United Nations Convention Against Trans-
These are:
national Crime, for example, has defined
organised crime as a:
● a conspiracy of two or more persons;
● an engagement in illegal activities or the
[S]tructured group of three or more
infiltration of legitimate business by ille-
persons existing for a period of time and
gitimate means;
Page 99
Organised crime: redefined for social policy
● formed for the acquisition of profit;
by organised crime in perpetuating, pro-
● corruption of government officials;
tecting or enriching itself.
● risk averse methodologies;
● constructed on a self–perpetuating basis
A POWER ANALYSIS OF ORGANISED
CRIME
LIMITATIONS OF EXISTING
Organised crime mirrors the state and has
DEFINITIONS
its origins within loci of power in the state.
The definitions are offered, in the main, as a
Loci of power are institutions or groups
result of an attempt to achieve a legal cer-
capable of independent action that can
tainty and are not constructed to underpin a
challenge the state to a degree greater than
social response to the problem. The effects
the individual. They are dependent upon
of organised crime are more than criminal
their size, their ability for independent
offences. A victim-centred approach would
action, the sources and amount of power
see the effects as the creation of victims
available to them for their effectiveness
within a society, rather than crimes against
(Sharp, 1980). Their ability to resist or chal-
the state alone.
lenge the state is a significant defensive
The omission of victims from the defin-
mechanism for organised crime. They oper-
ing process removes an important area of
ate by usage of a political power structure.
analytical focus for problem-orientated
Sharp has defined political power as:
policing. Victims are the product of crimes
[T]he totality of means, influences, and
and are exploited by criminals, whether
pressures — including authority, rewards,
they are organised or not. The symbolic use
and sanctions available to achieve the
of victims in the defining process provides a
objectives of the powerholder . . . [This]
strong community interest and direction in
may be measured by the ability to control
attacking organised crime. It symbolises it as
the situation, people or the institutions
social evil, not merely an illegality pitted
for some activity. Power may be used to
against the state.
enable a group to achieve a goal, to
The definitions have also excluded the
implement or change policies, to induce
processes by which organised crime per-
others to behave as the wielders of power
petuates, protects and enriches itself. These
wish, to engage in opposition, to main-
are the most distinguishing features of
tain, the established system, policies and
organised crime. A broader disciplinary
relationships or to alter, destroy or
approach to defining organised crime could
replace the prior power relationships.
include analysis by sociological and political
Sanctions — which may be violent or
sciences that may provide leverage points for
non violent — are usually a key element
a...
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