Rico Statute

Abstract

In this paper, we would be discussing the RICO Act and how it can help in improving the criminal justice system. The purpose of this act is the eradication of organized crime in America by focusing on the legal requirements for gathering evidences can help in eradicating organized crime and criminalization of tougher penalties and new offenses. The model of organized crime offences adopted in the United States, and also under consideration in the Philippines, commonly known as RICO, is based on the concept of enterprise criminality. In conclusion, opinions remain divided about the benefits and disadvantages of the Rico Act.

Rico Statute

Introduction

In this paper, we would be discussing the RICO Act and how it can help in improving the criminal justice system. The Racketeer Influenced and Corrupt Organizations Act was founded in 1970, October. This Act was formed originally to act against the mafia along with others who were part of crime. The applications of this act are widespread. The Rico charge can be easily proved in court due to the reason that this act is associated with the behavioral patterns and criminal acts. The Rico act also allows federal prosecutions against the person who is assumed to be a part of crime and legal action can be taken.

Advantages and disadvantages of Rico Act

The purpose of this act is the eradication of organized crime in America by focusing on the legal requirements for gathering evidences can help in eradicating organized crime and criminalization of tougher penalties and new offenses. Rico Act was passed by legislators because they believed that there was a need for tougher penalty against organized crime. Under Rico Act, a defendant can be charged with racketeering which includes extortion, corruption, actionable biologic sales and annihilation. Rico Act is very helpful and efficient in fighting against organized and development of federal rules. Collusion has been considered as an important aspect in the prosecution of leaders of the organized crime. Rico helps in bringing justice to those who have been in power and attain the power of running the organization. It also made sure there is no unjust sue of power.

Rico Act also helps in making tough penalties for the criminal organizations. The performer of certain offenses can earn penalty against criminal organizations. The new concept of total responsibility is used in criminal and this concept ensures severe punishment for that criminal group due to their high risk to the public (Howard, 2003).

It is remarkable that, despite these widespread concerns, most judicial challenges of these laws have remained unsuccessful. For example, constitutional challenges against US federal and state RICO laws relating to vagueness, retrospectivity, double jeopardy, violation of freedom of association, cruel and unjust punishment, principles of equal protection, violation of due process, and intrusion of state sovereignty have all largely failed.110 In Japan, where notorious crime groups have launched legal challenges against the Anti- Boryokudan Law, the courts have consistently upheld the statutory provisions.111 No court action against Canada's organized crime offences in Section 467 ...