The Racketeer Influenced and Corrupt Organization Statute of 1970 Case Study

The Racketeer Influenced and Corrupt Organization Statute of 1970 - Case Study Example This paper highlights in-depth analysis of RICO including various ways of RICO being used, criticisms made by the civil libertarians and legal establishments. Additionally, it will analyze the expansion of RICO due to the Supreme Court cases. As mentioned before, much of the criminal procedure has been expanded due to the use of Racketeer Influenced and Corrupt Organization Act of 1970 (RICO). Defining the phrase "organized crime" used in RICO has proven to be somewhat indefinable. For example, it took twenty years to eliminate La Cosa Nostra. Its special strike forces were disbanded by the Justice Department in 1990 under RICO. The law RICO itself did not try to define the organized crime other than listing a number of crimes alleged to be committed by racketeers. Organized crime or racketeering is mostly defined by RICO in a manner of committing racketeering activity by a group or an individual as a part of an enterprise.1 It has blurred the lines amid the federal law enforcement and state. The expansion of the federal crime law has been introduced due to the attempts of federal bureaucrats and politicians to do something regarding the increased crime rates. Mostly to prevent the illegal use of drug in America and to punish people who are involved in so called "white-collar" crime. RICO was passed by the Congress in 1970 under the President Richard Nixon's 'crime bill.' However However, according to the federal prosecutors, RICO is a powerful tool that can be used against the business owners. For example, Rudy Guiliani, who prosecuted Michael Milken including other leading lights of the Wall Street in 1980's, rose to become one of the first mayors of the New York City and a public speaker who collected $75,000 on every speech, was involved in the earliest attempts to expand RICO to prosecute few of the private business figures. Despite the federal prosecutors, RICO has helped a little or not at all in stopping crimes like rape, murder, robbery etc. which was the major concern of the public in 1970's. It has only enabled the federal prosecutors to avoid the separation of constitutional powers amid the state and the national governments. Since RICO was introduced, the jurisdictional boundaries along with the federal law enforcement and state have been removed.2 On the other hand, there are a variety of RICO civil and criminal cases that have appealed for the reason that the statutes are conflicting with the fundamental constitutional protections. Most of the cases are focused on the First Amendment protections of speech and assembly plus the Sixth Amendment which concerns about the access to double threat and legal counsel. Cases in the First Amendment include the usage of RICO in obscenity trails. Main issues in this section are the use of forfeiture which involves a former restraint or rely on distantly strained obscenity statutes. It was the Meese Commission on Pornography of 1985 who supported the use of forfeiture so that obscenity from American society is eliminated permanently. But however, in the case of U.S. vs. Pryba (1988) the National Obscenity Enforcement Unit refused to the claim made not in favor of RICO. In some way, RICO reintroduced the criminal forfeitures

Market Continuum Analysis Essay Example | Topics and Well Written Essays - 1250 words

Market Continuum Analysis - Essay Example 51, No. 1, 1973 (pp. 95-124). OECD has 30 member countries in its elite panel and in that survey they have identified that Public spending (5.8 GDP) is almost identical to that of Great Britain or any other countries. It also compared Pharmaceutical spending, Health care spending by the Government and Health care status in the country etc to produce the research. While they have observed that IN U.S the spending more than other countries in Health care it is not producing the desired results. One of the main reasons for this being the relatively greater cost in US of health care services when compared to other countries. This makes Health care services in US to many of its citizens and many others who are working in their country virtually unreachable. During the mid 1990's when there is a software craze going on around the world and In US also, they recognized the need for policy modifications in their Health care systems, which is a result of crisis already existing. The problem with the policy making is that it only reveals what policies need to modified so as to design a suitable policy or them. However the important part that is how to execute these policies is never taken into count. Also in a country like U.S planning a health service suitable for the entire population it self is a big challenge. The reason being the older populations are growing because low mortality rate especially in old people. Also the older people despite the fact they are living for a longer duration are also direly in need of medical supplies. Andersons' Principles of planning: 1. Business ethics 2. Need Vs the demand 3. Economics 4. Equity theory While Anderson discussed at the length about the market penetration and Pricing models the strategies suggested by Anderson had implications on the U.S Social structure, their economy and the people's economy too. The reason for change: One of the prime reasons why the US wanted a change in the health care system is due to the low potential index of the health care system. Quality surveys done by organizations such as OECD reveal exactly these implications. In the sense, the US health care is a victim of poor monitoring and the failure of supply chain mechanism. Like in many other countries the US health care has to cater its services to large middle class section and affordability of the services is a criterion for change. Also the US wanted discrimination to end and the only way to beat it is by furthering the market potential of the health care services. The Transition: However while initiating the change process not enough study has been done according to the writer to nullify the consequences. In one way the consequences are unforeseen, even by the industry experts and to add to the existing woes the weakening of the economy caused further trouble. The Government has taken measures to ensure a certain change is possible and they thought that by maximizing the net returns on the health care can lessen the burden on the already weak and depleted economy. For this they have chosen change agents for continuous and consistent supply of the health care services even in the farthest corners of U.S. More over they have taken steps to cut down on the expenditures to minimize losses the health care is incurring for a period of time. Inorder to ensure that costs are reduced they have