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View Full Version : Does the RICO law apply to every orginization


wikioutdoor
02-24-2012, 5:21 PM
So i am reading another disturbing article this time about a guy who was arrested and searched because his daughter drew a picture of a gun at school and I couldn't help but wonder why all of these disparate acts don't show a pattern of poor actions by law enforcement organizations in general.

It's not that I have any issue with them I just wondered if there is something like the RICO law that applies to law enforcement orginizations as well.

If you are not familiar with the racketeering law - The last one is what reminded me of this.

Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961. As currently amended it includes:

Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled

Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);

Embezzlement of union funds;
Bankruptcy fraud or securities fraud;
Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;

Criminal copyright infringement;
Money laundering and related offenses;
Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);

Acts of terrorism.

Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.

The terrorism part includes many of the topics on this board and the general deffinition including those is.

Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition.[1][2] Common definitions of terrorism refer only to those violent acts which are intended to create fear (terror), are perpetrated for a religious, political or, ideological goal; and deliberately target or disregard the safety of non-combatants (civilians). Some definitions now include acts of unlawful violence and war. The use of similar tactics by criminal organizations for protection rackets or to enforce a code of silence is usually not labeled terrorism though these same actions may be labeled terrorism when done by a politically motivated group.
The word "terrorism" is politically and emotionally charged,[3] and this greatly compounds the difficulty of providing a precise definition. Studies have found over 100 definitions of “terrorism”.[4][5] The concept of terrorism may itself be controversial as it is often used by state authorities (and individuals with access to state support) to delegitimize political or other opponents,[6] and potentially legitimize the state's own use of armed force against opponents (such use of force may itself be described as "terror" by opponents of the state).[6][7]
Terrorism has been practiced by a broad array of political organizations for furthering their objectives. It has been practiced by both right-wing and left-wing political parties, nationalistic groups, religious groups, revolutionaries, and ruling governments.[8] An abiding characteristic is the indiscriminate use of violence against noncombatants for the purpose of gaining publicity for a group, cause, or individual.[9]

meaty-btz
02-24-2012, 5:28 PM
THey cannot violate the law.. they are the law (Judge Dredd Voice)

wikioutdoor
02-24-2012, 5:34 PM
ha ha brass pass > constitution.

Lulfas
02-24-2012, 6:38 PM
Might want to read more. The article is from Canada.