Chapter 4: Theories of Organized Crime

1. Chapter 4: Theories of Organized Crime

2. Chapter Outline • Introduction & Overview • Etiological Theories of Organized Criminal Behaviour • Administrative Criminology & the Organization of Crimes • The Organization of Criminals: Theoretical Models on the Structure of Organized Crime Associations • Conclusion

3. Learning Outcomes After reading this chapter, you should have an understanding of: • Theories that explain the existence of organized crime • Etiological theories that explain criminal behavior • Theories on how crimes are organized • Theoretical models on how criminal offenders are organized • Strengths & weaknesses of the theories covered in this chapter • The applicability of the mostly American theories of OC to Canada & a critical analysis of this application

4. Etiological Theories of Organized Crime

5. Etiological Theories of Organized Crime • Helps to understand factors that contribute to the existence & persistence of (organized) crime. • Why does OC exist? What are its root causes? • What are the factors that contribute to OC & illegal markets? • What are the factors that contribute to the onset & persistence of organized (serious, chronic, entrepreneurial) criminal behaviour? • Why do certain individuals become involved in organized crime, while other individuals, under similar circumstances, do not?

6. Etiological Theories of Organized Crime

7. Etiological Theories of Organized Crime Alien Conspiracy Theory OC in America is the result of the importation of secret criminal societies rooted in foreign cultures. OC does not emerge from the norms, values, & institutions of American culture, but has been thrust upon the country by foreign cultures. The roots of OC lay in values antithetical to American principles & can be identified with the culture of specific immigrant groups.

8. Etiological Theories of Organized Crime Alien Conspiracy Theory • Originally applied to the Italian mafia • The Mafia is a direct descendent of a criminal organization of the same name that originates on the island of Sicily. • Also argues a nation-wide criminal conspiracy exists, - made up two dozen "families" governed by a national commission, collectively known as the "Mafia" or "La Cosa Nostra." • This criminal conspiracy is anti-government & serves to subvert & erode the fundamental law-abiding values of North American culture.

9. Etiological Theories of Organized Crime Alien Conspiracy Theory • ACT was first articulated in the early 1950s by Senator Estes Kefauver, Chair of the Special Senate Committee to Investigate Organized Crime in Interstate Commerce (“The Kefauver Commission”)

10. Etiological Theories of Organized Crime Alien Conspiracy Theory Graphic produced by the US Senate (McClellan) Commission depicting nation-wide Mafia conspiracy

11. Etiological Theories of Organized Crime

12. Etiological Theories of Organized Crime Alien Conspiracy Theory: Critiques • Supported by erroneous, self-serving, sensationalized evidence • Based on xenophobic sentiments; the source of America’s problems are foreign • Government commissions & law enforcement agencies were the greatest promoters of this theory, to secure enforcement & prosecutorial resources, powers, & tools • Theory also promoted by politicians to advance their own careers (Kefauver aspired to be President).

13. Etiological Theories of Organized Crime Indigenous Social and Cultural Systems Theories • By focusing on external threats, ACT excludes indigenous factors that give rise to crime (cultural norms, economic & socio-economic conditions, political factors, etc.) • (Organized) crime should be seen as an organic outgrowth of the indigenous social forces of the country it inhabits • “Every society gets the crime it deserves”

14. Etiological Theories of Organized Crime Indigenous Social and Cultural Systems Theories • Strain & Culture Conflict • Ethnic Succession Theory • Radical & Critically-Oriented Theories • Differential Association Theory • Social Disorganization Theory • Subculture Theory

15. Etiological Theories of Organized Crime

16. Etiological Theories of Organized Crime Ethnic Succession Theory • Ethnic basis of OC groups in US results from minority groups struggling for a place in American society • Each successive immigrant group experiences certain strains (racial discrimination, poverty, unemployment, lack of political power) to which some react by becoming involved in criminal activities to get ahead. • Persons or entire ethnic groups implicated in OC are not committed to a deviant subculture; they are using available (albeit illegal) opportunities to achieve economic success: • OC is simply a rational response to blocked opportunities. • When the societal strain subsides, the ethnic group relies less on crime to subsist, & moves into mainstream society. • This creates an opportunity for succeeding immigrant groups to fill the criminal void in their attempts to climb up the ladder of success.

17. Etiological Theories of Organized Crime Ethnic Succession Theory: Critiques • Italian-Americans remain active in OC long after they acquired wealth & power in mainstream society • Italian crime figures who have gained economic status are not leaving the underworld &, in many instances, their progeny have followed in their footsteps. • Members of immigrant ethnic & racial groups may turn to organized crime, but do not necessarily replace older groups: all ethno-cultural groups now represented • Does not explain why those from the middle-class become involved in OC. • Does not explain crimes committed by the wealthy & powerful • Fails to explain emergence of organized W.A.S.P. criminals: outlaw motorcycle gangs

18. Etiological Theories of Organized Crime Radical and Critically Oriented Theories • Capitalism (& its support by the state) promotes OC by placing a premium on income generation & the ensuing conflict between the working class & those who control the legitimate market.” • American capitalist ideology “encourages people to disregard the rights of others who stand in their way.” • The line between a successful business person, a white-collar criminal, & an OC offender is narrow (Albanese, 2015: 95). • Critique: organized criminality exists in socialist countries as well

19. Etiological Theories of Organized Crime Differential Association • Criminal behaviour is not simply an impulsive reaction to thwarted opportunities, or an instinctive response to situations of frustration • Individuals are also at risk if they live in in an environment where their socialization (esp. during childhood & adolescence) emphasizes contempt for societal norms • Criminal behaviour can be learned & emulated, primarily through associations with individuals who are involved in (organized) crime.

20. Etiological Theories of Organized Crime Social Disorganization • Differential association is most likely to occur in environments characterized by “social disorganization,” where familial & communal controls are ineffective in exerting a positive conforming influence • In neighbourhoods with a strong tradition of gangs &/or OC, young people stand a greater chance of being exposed to criminal norms. • In these areas, criminal offenders are often well integrated into the community, which are breeding grounds for delinquent subcultures • Deviant norms take root in areas characterized by attitudes & values that are conducive to delinquency & crime, thus fostering a prevalent criminal subculture.

21. Etiological Theories of Organized Crime Subculture Theory • Collectively, individuals who reject the central tenets & norms of the prevailing culture form a subculture . • Instead of conforming to conventional norms, members of (mafia-style) criminal organizations & gangs openly rebel against them. • They organize their behaviour according to the norms of the criminal group to which they belong or identify. • Rejection of traditional rules, norms, & laws that govern civil society forms the basis of an OC subculture that is promoted, perpetuated, & even cherished by some in the underworld.

22. Etiological Theories of Organized Crime Subculture Theory • This subculture is epitomized by OMGs, which initially cultivated their own anti-establishment attitudes. • OMGs purposively cut themselves off from the majority culture (& other motorcycle enthusiasts) through the 1%er credo • OMGs are attractive to deviant individuals because the group is supportive of deviant acts whether it is drug dealing or rape. • OMGs proudly wear symbols of their subcultural tendencies through their “colours”

23. Etiological Theories of Organized Crime Summary: Indigenous Social & Cultural Systems Theories • Strain alone is not sufficient to explain participation in organized crime. • What may be necessary is cultural transmission through differential association, often found in areas with a high level of social disorganization & deviant subcultures. • Particularly vulnerable are youth who are under-socialized in the accepted norms of civil society or over-socialized in the norms & values of the deviant subculture • Structural forces, such as capitalism or racism, create the preconditions that give rise to the root causes of crime & criminality • Common to all these theories: crime arises from disruptions & malfunctioning of the indigenous social systems & the socialization process of young people.

24. Economic Theories of Organized Crime

25. Economic Theories of Organized Crime • Like sociological theories, economic approaches situate the cause of OC within the societies in which it operates. • However, an economic perspective avoids explanations that define OC & underground markets in pathological terms. • Most consensual criminal activities are governed by the same laws of supply & demand that drive the legitimate economy. • Demand for prohibited goods drives (illegal) supply • There is a relationship between a buyer & a seller • Each seek to maximize their own best interest • Supply & demand dictate the price of a certain commodity or service • Competition among sellers will keep price down & quality of the product or service high • Suppliers often innovate

26. The State, Public Policy, and Organized Crime The Role of Public Policy in Creating Illegal Markets & OC • Determining whether goods or services are to be legal or illegal depends primarily on laws created by the state. • When governments outlaw a product or service, they are driven to the underground economy • Goods & services do not have to be criminalized to fuel OC; trafficking in legal goods or services also results from gov’t policies. • High-taxed goods sold cheaper in underground markets • Heavily regulated goods (e.g., cigarettes, liquor, prescription drugs) are also sold in underground markets so they are available to everyone

27. The State, Public Policy, and Organized Crime Connection between Weak States and Organized Crime • Mafia-type criminal syndicates “seem to have developed, & may still thrive, in countries where state authority is weak, corruption levels are high, & consequently, enforcement is lax (van Dijk & Spapens, 2014: 215). • Protection theory (Gambetta, 1993) • Sicilian Mafia arose due to weak central government in Rome, creating the opportunity for “gambellottos” or “mafiosos” to fill the void. • Mafia operates as “an industry which produces, promotes, & sells private protection.” • Mafia-style groups gain control of markets & territories as “alternative governments” & generate revenue “by taking over two traditional state monopolies: the use of violence & taxation” (Kleemans, 2014: 36)

28. ADMINISTRATIVE CRIMINOLOGY & THE ORGANIZATION OF CRIMES Focus is on the commission of criminal events in a time & place by rationally thinking offenders who take advantage of opportunities within a particular environment Three main hypotheses concerning crime: • Most criminal acts require convergence of offenders & victims at a particular time & place. • Many types of crime are opportunistic; offenders exploit opportunities • Criminal behaviour is purposive; many offenders are rational decision-makers who calculate advantages & disadvantages of a criminal act

29. ADMINISTRATIVE CRIMINOLOGY & THE ORGANIZATION OF CRIMES Crime Script Analysis • Outlines the procedural aspects of criminal offending & which consist “of a sequence of steps or sub-goals” (Cornish, 1994: 158). • Are conducive to a situational analysis of organized criminal events, which often entails many potential sequential steps, offenders, & decisions. • Scripts for organized crimes attempt to model the experience, sophistication, & adaptability of organized criminal offenders. • Scripts of organized crimes tend to be more complex compared to those of rudimentary street crimes.

30. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS

31. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS

33. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS Kinship Model • The Italian-American Mafia family is a traditional social system organized shaped by culture, patterned by tradition, & structured around kinship relationships • They are not formal bureaucratic organizations that are rationally designed or constructed • Parallel families interconnected by blood, marriage, or godparenthood(& in some cases, simply a shared ethnicity)

34. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS Kinship Model • Bonds of kinship, not a conspiracy of crime, which ties family members to one another & to other mafia families • Differences between kinship & bureaucratic models: • Formal organizations: composed of positions, not personalities. • Mafia families:some members are indispensable because they possess special skills or have established highly personal contacts. • Formal organizations: persons rise to leadership because of demonstrated skill, intelligence, dedication, & expertise. • Mafia families: Family standing & tradition may be more important than merit in determining who will assume leadership roles

35. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS Kinship Model • Structure of the Italian-American Mafia family can be traced to the traditions & experiences of southern Italy. • In Sicily, the Mafia family was an immediate or extended family, which revolved around a "Mafiosi," a man of respect who protected his family. • Respect for the Don in old Sicilian family structure reinforces the authority of the boss in his role as head of the crime family. • Once in North America, Sicilian Mafia families supplemented family ties by taking in members who were not relatives (“made” into the family). • Symbolism of ‘family’ helps fortify essential codes of organized crime: loyalty & secrecy.

36. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS Patron-client Model • Loose system of power & "business" relationships which requires a middleman who becomes a patron to others by providing the right contacts, influence, criminal opportunities, mediating disputes • The Mafiosi is rewarded with “tribute” (money); criminal activities in a territory are sanctioned by the Mafiosi, who receives a cut • In their role as patrons, Mafiosi cultivate contact with their own “clients” (associates): other criminals, politicians, businessmen, labour leaders, etc. • Originally developed for mafia families, but has some applicability to other criminal groups: OMGs & Chinese triads

38. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS Network Model • Does not view OC as a, self-contained organization (whether a hierarchical or "family-based" organization) • Views OC as a fluid network of like-minded criminal entrepreneurs (none of whom has any long-term authority over the others) operating independently • Characterized by symmetrical partnerships based on complementary areas of specialization which come together for a specific criminal transaction or as partnerships in ongoing business enterprises

40. ORGANIZATION OF CRIMINALS: THEORETICALMODELS ON THE STRUCTURE OF OCASSOCIATIONS UN Typology of Criminal Organizational Structures • Standard rigid hierarchy • Regional hierarchy • Clustered hierarchy • Core group • Criminal network Source: United Nations Office on Drugs and Crime, 2002a

41. Conclusion Various etiological theories are diametrically opposed to one another: • OC in North America is the product of foreign cultures & criminal ways vs. OC as the product of US & Canadian societies • OC is subcultural phenomenon that deviates from mainstream norms & values vs. OC as a product of dominant mainstream norms & values • OC as a product of criminogenic risk factors vs. OC as the result of rational actors • Blame the offender vs. blame society

42. Conclusion • No one etiological theory or causal explanation sufficiently accounts for the presence of OC in Canada • Causes of OC in Canada are complex & multi-faceted rooted in both external & internal factors: • Organized offenders, groups, & crimes brought to Canada from other countries • Internal factors including social, economic, & political conditions that gives risk to chronic criminality & black markets