STATUS REPORT ON THE WAR AGAINST ORGANIZED CRIME IN NEW JERSEY - SOME RECOMMENDATIONS FOR THE FUTURE

• NCJ Number: 50750
• Journal: Criminal Justice Quarterly Volume: 6 Issue: 2 Dated: (SPRING 1978) Pages: 50-74
• Author(s): ANON
• Date Published: 1978
• Length: 25 pages
• Corporate Author: New Jersey Division of Criminal Justice
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: ARTICLE DERIVED FROM A WHITE PAPER TITLED REPORT OF THE ORGANIZED CRIME TASK FORCE 1978 - PRESENTED BY THE OFFICE OF THE ATTORNEY GENERAL AND THE NEW JERSEY COUNTY PROSECUTOR'S ASSN AT 1978 ANNUAL CONVENTION

Annotation

PROPOSALS TO ELIMINATE ORGANIZED (SYNDICATED) CRIME IN NEW JERSEY THROUGH BETTER LAW ENFORCEMENT AND A COMMITMENT BY PUBLIC AGENCIES AND CITIZENS TO CONTAIN THE IMPACT OF SUCH CRIME ARE EXAMINED.

Abstract

THERE IS A CONCERTED RESPONSE TO THE INFILTRATION OF ORGANIZED CRIME INTO GOVERNMENT AND BUSINESS. OF THE 21 PROSECUTOR'S OFFICES LOCATED THROUGHOUT THE STATE, ALL BUT 5 ARE OPERATED ON A FULL-TIME BASIS. MANY OPERATE HIGHLY SPECIALIZED ORGANIZED CRIME, CORRUPTION, AND WHITE COLLAR CRIME UNITS. THE DIVISION OF CRIMINAL JUSTICE FOR THE STATE OPERATES CIVIL REMEDIES AND ANTITRUST ENFORCEMENT PROGRAMS THAT FOCUS ON BUSINESS-RELATED SYNDICATED CRIMINAL ACTIVITY. CERTAIN ADVANTAGES RESULT FROM THE UTILIZATION OF CIVIL REMEDIES. THESE REMEDIES INCLUDE THE USE OF INJUNCTIVE RELIEF, RESTITUTION, CONSTRUCTIVE TRUSTS, ACTIONS IN LIEU OF A PREROGATIVE WRIT, ACTIONS IN QUO WARRANTO, AND SPECIFIC STATUTORY REMEDIES. A CIVIL REMEDIES SCHEME APPEARS TO BE AN EFFECTIVE SUPPLEMENT TO TRADITIONAL CRIMINAL LAW ENFORCEMENT, ALTHOUGH THE CIVIL PROCESS MAY INVOLVE THE RESTRUCTURING OF LAW ENFORCEMENT RESOURCES AND THE NEED FOR COOPERATION BETWEEN AGENCIES ENGAGED IN THE DETECTION AND CONTROL OF ORGANIZED CRIME. BASED ON A REVIEW OF LEGISLATION DIRECTED AT ORGANIZED CRIME AND THE FACT THAT ANY EFFECTIVE DETERRENT TO ORGANIZED CRIME MUST INCLUDE BOTH CIVIL REMEDIES AND CRIMINAL SANCTIONS, IT IS STATED THAT ANY NEW LEGISLATION IN NEW JERSEY SHOULD BE AIMED AT CREATING A UNIFIED SYSTEM OF SOCIETAL RESPONSES. THE MODEL THEFT AND FENCING ACT IN THE STATE PROVIDES A RATIONAL STARTING POINT FOR THE CAREFUL ANALYSIS NEEDED TO INSURE THAT COMPREHENSIVE AND FLEXIBLE METHODS ARE DEVISED FOR MINIMIZING THEFT AND FENCING. LAWS IN NEW JERSEY THAT GOVERN GAMBLING INCORPORATE CIVIL AND CRIMINAL REMEDIES. THERE ARE NUMEROUS STATUTORY PROVISIONS PERTAINING TO FORFEITURE OF PROPERTY UTILIZED TO FURTHER ILLEGAL ACTIVITY, AND THESE PROVISIONS SHOULD BE CONSOLIDATED TO FACILITATE EFFICIENT AND UNIFORM PROCEDURES FOR TERMINATING PROPERTY RIGHTS. PENALTY PROVISIONS FOR CRIMINAL VIOLATIONS UNDER NEW JERSEY'S CIGARETTE TAX ACT SHOULD BE UPGRADED TO THE LEVEL OF OTHER SERIOUS CRIMES. CRIMINAL JUSTICE AND ADMINISTRATIVE INITIATIVES THAT CAN BE TAKEN TO COMBAT ORGANIZED CRIME ARE REVIEWED. (DEP)