NCJ Number
104333
Journal
Rutgers Law Journal Volume: 16 Issue: 3-4 Dated: (SpringSummer 1985) Pages: 495-588
Date Published
1985
Length
94 pages
Annotation
This article critiques the expansion of Federal criminal law in the name of fighting organized crime.
Abstract
The discussion of the expansion of Federal criminal jurisdiction focuses on court interpretations of the Commerce Clause of the U.S. Constitution, which gives Federal jurisdiction to offenses that rely on commerce or commerce-related activity as a jurisdictional base. An examination of what Federal powers are necessary to police organized crime considers whether States are necessarily unable or unwilling to prosecute organized crime and the focus of the Federal prosecution of organized crime. The paper argues that Federal criminal laws have expanded well beyond any necessary relationship to the stated purpose of suppressing organized crime. The paper concludes with an analysis of the constitutionally proper framework for the Federal Government to respond to organized crime. Issues considered in the analysis are separation-of-powers violations inherent in the liberal construction of the Constitution and in Federal common law crimes and the propriety of economic regulation and civil remedies under the Federal Racketeer influenced Corrupt Organizations Act. 461 footnotes.