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Vol 23 No 3 March/April 2018

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Organised Crime and the Law: A Comparative Analysis

ISBN13: 9781849461221
Published: February 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £40.99

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Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the degree to which these justice systems have been recalibrated, in terms of the prevention, investigation, prosecution and punishment of organised criminality.

While the notion of organised crime itself is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of those domestic criminal laws, the laws of evidence, and financial regulations.

Organised Crime and the Law constructs a theoretical framework on which an appraisal of these legal measures may be based, focusing in particular on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations.

In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and anti-terrorist policies. It further examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the US in the reactions to organised crime.

Criminal Law
1. Introduction I. The Comparator Jurisdictions II. The Legal Framework III. The International Dimension IV. The Theoretical Lens V. Structural Outline 2 Organised Crime: Defining, Measuring and Criminalising the Problem I. Introduction II. Defining Organised Crime III. The Extent of the Problem IV. Criminalising Organised Crime V. What are Organised Crimes? VI. New State Agencies VII. Conclusion 3 The Theoretical Framework: Tensions in Criminal Justice I. Introduction II. Competing Demands in the Criminal Process III. The Judiciary and Due Process - Dialogue Between the Arms of the State IV. Conclusion 4 Investigating Organised Crime: Altering the Pre-trial Process I. Introduction II. Access and Disclosure Orders III. Suspicious Activity Reports IV. Surveillance V. Covert Human Intelligence Sources VI. Controlled Deliveries VII. Detention VIII. Interrogation IX. Conclusion 5 Prosecuting Organised Crime: The Criminal Trial 1 I. Introduction II. Procedural Law Changes III. Threats to Jurors and Witnesses IV. Threats to Jurors V. Threats to Witnesses VI. Conclusion 6 Punishing Organised Crime: The Post-Conviction Stage of the Criminal Process I. Introduction II. General Principles of Sentencing III. Sentencing Organised Crimes IV. Reduction of Sentences in Return for Assistance V. Confiscation of Property upon Conviction VI. Further Ancillary Orders VII. Conclusion 7 Beyond the Criminal Realm: Civil Asset Recovery I. Introduction II. The Irish Prototype III. The Proceeds of Crime Acts IV. Interaction between Confiscation and Recovery Powers V. Challenges to Civil Recovery VI. Success of the Civil Process VII. Further Civil Orders VIII. Conclusion 8 Revenue Matters: Taxing Organised Crime I. Introduction II. Taxing the Profits of Illegal Acts III. Appeals against Tax Assessments IV. Challenges to Revenue Powers V. Interplay between Civil Recovery and Revenue Powers VI. Conclusion 9 Conclusion I. Introduction II. Explaining the Dominant Narrative III. Recalibrating the Criminal Justice Process IV. Key National Differences V. Concluding Remarks