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Handout: Organized CrimeOrganized Crime: crime committed by structured groups typically involving the distribution of illegal goods and services to others Boss- head of the family - receives cut of every operation taken on by every member of the family - chosen by a vote from the Caporegimes of the family Underboss- appointed by the boss- second in command of the family - runs the day to day responsibilities of the family - first in line to become acting boss if boss is imprisoned Consigliere - advisor to the family - boss’s “right hand man”- third ranking member - boss will appoint someone close to him who they trustCaporegime (or capo)- captain of skipper - in charge of the crew (group of soldiers who report directly to him)- appointed by the boss and reports to him or the underboss - gives a percentage of his earnings to the boss - responsible for any tasks assigned, including murder - if becomes powerful, he can make have more power than his superiors Soldier- member of the family - traditionally full Italian background- once a member, they are untouchable (permission from soldier’s boss must be given to kill him) - main workers of the family, committing crimes such as assault, murder and extortion - in return, they have full access to connections and power Operations of the Mafia - illegal operations are a secret and confer by word of mouth Gangs become sufficiently systematic to be called organized Labor RacketeeringRacketeering: engaging in criminal activity as a structured group- bribery or blackmail - shielded by corrupted law officers Labor Racketeering: general term for the misuse of organized labor for criminal purposes- most infamous form of use of organized crime - employers can be bullied into paying for “employees” who don’t work, to pay money to corrupt officials to guarantee labor peace Structure of Drug Cartels Drug Lords - highest position - responsible for supervising the entire drug industry Lieutenants - second highest position- responsible for supervising the hitmen and falcons within their own territory - can carry out low profile executions without permission from their bosses Hitmen - armed group that is responsible for carrying out assassinations, kidnappings, thefts, etc. and protecting their ‘plaza’ from rival military Falcons- considered the “eyes and ears” of the streets - lowest rank - responsible for supervising and reporting activities of the military and rival groups The Murder Book: Homicide: Chapter 1-3 Mala in se: wrong in itself - naturally evil or wrong Felonies: most serious are included among those categorizedexample: murder, rape, and the sexual molestation of children Mala prohibita: defined as bad - exist because we have defined a certain behavior as illegal or bad Misdemeanors: less serious crimes Model Penal Code elements that need to be proved: 1. Purposely, knowingly, recklessly or negligently2. Causing the death of 3. Another human being Common Law Model Penal CodeFirst degree murder: killing that is Intentional, premeditated, and deliberateMurder (1st degree murder): Unlawful killing with malice aforethought - unlawful killing- one person by another - malice aforethought- with deliberation, purpose or premeditation Second degree murder: killing Intentional but not premeditated or deliberateexample: Injury was intended but not necessarily the death Voluntary Murder (1st degree murder): intentional killing with adequate provocation and committed in the heat of the of passion Voluntary Manslaughter: killing with no malice aforethought because of victim provocation (heat of passion) Manslaughter: Killing committed with a reasonable explanation or excuse such as force without malice aforethought - Distinct offense (3rd degree murder)Provocation: affirmative defense to a charge of murder - No time to cool off between the provocation by the victim and the killing Involuntary Manslaughter: killing that is unintentional and without maliceexample: careless driver Negligent Homicide: Death caused by negligence Distinction between them depends on mens rea, or the killer’s mental state.Felony murder- If the death occurs during a dangerous felony, even if that was not the original intention Capital murder- Murdrs that are punishable by death Vehicular homicide- Neglient homicide or manslaughterJustifiable homicide- Killins that occur in the context of self defenseSuicide by cop- A person deliberately threatens a police officer, resulting in the officer shooting that personYear and a Day Rule: one is responsible for a death only if the victim dies within a year and a day of the act believed to cause the death Manner of deathClassifies the type of death- Suicide- Homicide- Undetermined- Accidental - NaturalCause of death- The precipitating event (physical/physiological) that resulted in death- Gunshot wound- Cardiac arrest Processing the Crime SceneSecure and Isolate the Crime Scene- Preserving life- Detaining suspects- Detaining witnesses- Controlling the crime sceneRecord the ScenePhotography- Overview/general- Specific detailsSketches and Notes- Rough-Finished Chain of custody- Continuity of possession- A list of all persons who have come into possession of an item of evidence Submit evidence to the laboratory- DNA analysis- Blood spatter (bloodstain) analysis- Toxicology - Firearm analysis Medical Examiner- Determine cause of death- Determine manner of death- Record and collect evidence- Maintain custody of body How Common is Homicide? - Homicide is relatively rare- Only 1% of all violent crimes known to police are homicides- More common in the U.S. than in any other industrialized nationHow is Homicide Patterned Geographically?- South and the West (Especially the southern parts of the West (e.g., Ariz., Nev., Calif.)- City: New Orleans Demographic PatternsVictims - 78% are male- 53% are white- 33% are age 20-29Offenders; - 90% are male- 49% are white- 40% are age 20-29Blacks are disproportionately represented as offenders (48%) and victims (43%)Do the victim and offender have a prior relationship?- 20% involve strangers - 50% involve acquaintances/friends/co-workers - 15% involve those married or dating (or exes)- 15% involve family members other than spouses Not all homicides are part of some broader criminal event Victim precipitated are more likely to involve malesWhat weapons get used?- 67% Firearm- 12% Knife/cutting instrument- 6% “Personal” weapons (hands,

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FSU CLP 4392 - Organized Crime

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