THE 1 - 1 1 Describe R.I.C.O and its use in the criminal...

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1. 1. Describe R.I.C.O. and its use in the criminal justice system. (H/O, pgs: 64, 68-69) R.I.C.O. stands for the Racketeer Influenced and Corrupt Organizations Act and was established in 1970. It covers both the Crime Control and Due Process Models. It was originally passed to combat organized crime. According to conspiracy laws, prior to R.I.C.O., conspiracies were formulated by prosecutors in two types of ways: 1. using the chain-link conspiracy theory and 2. Using the wheel spoke conspiracy theory. The chain- link conspiracy approach shows person A and person B agreeing to commit a criminal act, it then shows the furtherance of the agreement, with or without the final act. If there is a significant break in the chain of furthering acts, there is normally no charge. The wheel spoke conspiracy approach shows a criminal enterprise with persons A, B to Z being involved in different ways. Prior to R.I.C.O., a prosecutor could not get these persons all under one large conspiracy; they had to be held accountable individually. R.I.C.O. allows everyone involved to be connected under the same umbrella and equally guilty. It combines the chain-link and wheel spoke conspiracies. R.I.C.O. also gives the court the ability to freeze assets based on probable cause at a preliminary hearing. The Witness Protection Program came from R.I.C.O. as well to protect witnesses against fowl play. 2. List and describe in detail the two ways crimes are measured in the criminal justice system, and the reason for the apparent disparities in accuracy. (pgs: 74-78) The two ways that crimes are measured in the U.S. are through the UCR (Uniform Crime Report), and through the NCVS (National Crime Victimization Survey). The UCR is measured by the FBI based on information compiled by the police. It is divided into two parts, part I being a tally of the 8 index crimes and part II covering the 21 other crimes. The problem with the UCR is that the statistics only show the amount of crime that is known to law enforcement agencies, but they do not reveal how many crimes have actually been committed. Another serious limitation is the fact that when several crimes are committed in one event, only the most serious event is included in the UCR; the others go unreported. The UCR are further obscured by the fact that they do not differentiate between completed and attempted acts. The NCVS estimates the total number of offenses committed by interviewing individuals from a large national sample about their experiences as victims during a given time period. The NCVS is great in showing differences among region, season, time, etc. It also shows a much higher crime rate than the UCR. Unfortunately, since it only samples a small percentage of the nation and then multiplies it, one cannot tell how accurate this information actually is.
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3. List and describe the EXCUSE DEFENSES , specifically infancy and the insanity defense. Also, describe the U.S. Congressional action taken in revising the language for
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THE 1 - 1 1 Describe R.I.C.O and its use in the criminal...

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