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Report on Organize Crime Australian

   

Added on  2020-05-03

12 Pages3099 Words138 Views
Running head: ORGANIZED CRIMEOrganize CrimeName of the StudentName of the UniversityAuthor Note

1ORGANIZED CRIMEAustralian Organized crime is multi-sided and insidious in nature. It includes ainnumerable activities complicated in nature such as illegal drug importation, bribery, large-scaleorganized fraud and money laundering1. It has been long recognized that the corrupted pubicofficials seek organized crimes. It not only involves huge economic and social expenses but alsoinclude expenses related to public health, lost productivity, public welfare and other socialissues. According to the observations of the Minister of Justice and Customs, the crime inAustralia has an adverse impact on the lives of several people. It affects every facet of the livesof the Australian citizen from the deaths of the addicts on the street to the financial loss; from theadditional taxing of the court and the law enforcement procedures to the exploitation of markets.Despite the impact of the organized crime on the Australian citizens, it is not easy to defineorganized crime2. In the contemporary era, the organized crimes in Australia portrayentrepreneurial, opportunistic and fluid affiliations of criminals where associations form anddissolve for special activities3. The purpose and goal of organized crime shall always remain to earn profit as wasrecently observed by the Director of Public Prosecutions, Nicholas Cowdery QC of New SouthWales. He stated that crime has a pattern influenced by social circumstances. Nevertheless,crimes relating personal greed and violence in one form or another takes place frequently. Thereis a constant growth in adopting advanced and new technologies to carry out illegal activities4.An increase in internet exploitation and other modern technologies aims at affecting the society1Australian Crime Commission. "Organised crime in Australia 2015." (2015).2 Mann, Monique. "New public management and the ‘business’ of policing organised crime in Australia."Criminology & Criminal Justice 17.4 (2017): 382-400.3 Bouchard, M. A. R. T. I. N., and C. A. R. L. O. Morselli. "Opportunistic structures of organized crime." TheOxford handbook of organized crime (2014): 288-302.4 Martin, Greg. "Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal intelligence in thecontrol of serious organised crime in Australia." Sydney L. Rev. 36 (2014): 501.

2ORGANIZED CRIMEthrough illegal activities such as cybercrime and online frauds and the theft of personal identityinformation that are stored in an electronically form. These illegal activities have a significanteffect on the wellbeing of the societies and families all over Australia. Such activities removeshuge amount of money from the economy of the country that could otherwise be used to investon services, hospitals, roads and schools.In the present Australian environment, the serious organized crime is making use of thefollowing three essential capabilities. Firstly, the organized criminals have establishedthemselves to be experts in exploiting and indentifying new and advanced technologies to carryout the crimes. The modern technologies have enabled the criminals to maintain distance fromtheir crimes, which ultimately, makes it difficult for the law enforcement to detect and identifysuch criminals. Secondly, the ability of the criminals to mask any form of criminal activities bycombining into legitimate markets5. Since, organized crimes have become entwined with thesocial, political, economic environment, it has developed innovative procedures in infiltratinggenuine industries to filter considerable criminal profits. Thirdly, organized crime is necessarilyglobal and transnational in nature as the criminals are highly resourceful professional andfinancially stable. These criminals obtain high advice including financial and legal advice, whichpermits them to escape detection or take advantage of the gaps within the regulatory andlegislative regimes, both nationally and internationally. The Vicious Lawless Association Disestablishment Act 2013 known as the VLAD Acthas been subjected to criticisms on the ground that the name of the Act was emotively chargedand portrayed narrowness of the ambit of the Act6. 5 Leong, Angela Veng Mei. The disruption of international organised crime: an analysis of legal and non-legalstrategies. Routledge, 2016.6Paoli, Letizia, ed.The Oxford handbook of organized crime. Oxford Handbooks, 2014.

3ORGANIZED CRIMEThe VLAD laws confer upon the police commissioner, discretionary power to add amandatory 25 years of imprisonment for the crimes that are committed by criminals with thehelp of criminal gangs thus, signifying failure of judicial system. Further, the Queenslandersreported about incline in bike related crimes, subsequent to the enactment of the VLAD laws,which aimed at disestablishing associations that encourages or supports persons who areinvolved in commission of serious offences7. The Rule of Law Institute of Australia (ROLIA) highly criticized the VLAD laws statingthat the title of the Vicious Lawless Association Disestablishment Act is insignificant whiledealing with serious matters8. The ROLIA stated that it is a fact that organized crime is asignificant issue, which requires immediate and effective response from the Australiangovernment, but the VLAD laws cannot be considered as an effective and appropriate responseto eliminate the issues arising from organized crimes. The ROLIA further asserted that the primary concern related to the VLAD laws was theuse of the term ‘vicious lawless associate’ that was used for persons who were convicted underthe statute, which amounted to contempt of the rule of proportionality in sentencing. The statuteincorporates provisions that penalizes for commission of minor crimes, sentencing someone 25years of imprisonment for petty crimes such as possession of small-scale drugs9. The use of lawto impose excessive mandatory sentences with the purpose to achieve the political objectives ofthe Australian Parliament is not at all compatible with the implementation of the rule of law inthe country10. A law that considers ‘association’ as the basis for awarding an additional sentence7 Tilley, Nick, and Aiden Sidebottom, eds. Handbook of crime prevention and community safety. Taylor & Francis,2017.8 Newburn, Tim. "Literature review: police integrity and corruption." (2015).9 Barker, Thomas. Outlaw motorcycle gangs as organized crime groups. Springer International Publishing, 2014.10 Lavorgna, Anita. "Organised crime goes online: realities and challenges." Journal of Money Laundering Control18.2 (2015): 153-168.

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