THEME 2: ORGANISED CRIME
DISCUSS THE CATEGORIES (6) OF ORGANISED CRIME
(P.37 - 38). 10 marks
1. Provision of illicit services.
Illicit services are those that legitimate organisations do not provide
and that are forbidden by law.
The provision of illicit services, often in concert with illegal goods, is
a criminal enterprise that generates money to further the
organisation’s goals.
Examples: gambling operations that operate outside the law and
offer a financial tax incentive for those who use this service;
protection rackets, a form of extortion by which organised crime
members approach owners of small businesses and offer them
“protection” for the business in case of “unforeseen” misfortune
such as fire or vandalism;
loan sharking, the illegal lending of money at usurious (exorbitant)
rates the repayment of which is enforced through violence and
intimidation, and
prostitution, the sale of sex acts by persons acting as part of a
larger organisation.
2. Provision of illicit goods.
Like illicit services, organised crime offers illicit goods that are not
available from legitimate businesses.
Examples: Illegal drugs in particular are in considerable demand on
the black market and include marijuana (dagga), cocaine and
heroin, the sale of which provides organised crime organisations
with billions of tax-free revenue every year.
Pornography is another black market commodity that generates
exceptionally high revenue annually.
Unregistered guns and stolen goods are other products in
considerable demand, and illicit dealers sell these at lower prices
and with more ease than legitimate distributors.
3. Conspiracy to commit crime.
Is when there is an agreement between two or more people to
violate the law.
Example: organised crime members work with each other for the
purpose of selling drugs or stolen property, loansharking, gambling
and other activities that are commonly known as racketeering.
1
, Criminal acts are seldom committed without the knowledge or
approval of criminal group leaders.
4. Penetration of legitimate business.
The ability to penetrate legitimate business gives the organised
crime unit both the chance to conceal its illicit revenue and an
opportunity to hide behind a cloak of legitimacy in the community to
avoid the suspicion of citizens and detection by the police.
5. Extortion.
Extortion is a form of theft and is defined as “the use or threatened
use of violence or force to achieve a criminal end”.
Examples: organised crime group members could insist that a
restaurant make use of their linen service by subjecting those who
refuse to violence
6. Corruption.
Without the undercover assistance of public and private figures, such
as law enforcement officers, judges/magistrates, prosecutors, mayors
and municipal officials, bankers, attorneys, accountants and elected
officials at all levels of government, organised crime units would not
flourish.
DISCUSS THE CHARACTERISTICS OF ORGANISED CRIME
1. Organisational continuity.
Organised crime groups ensure that they will survive the death or
imprisonment of their leaders (are therefore self-perpetuating) and
are able to vary the nature of their activities to take advantage of
changing criminal opportunities.
2. Hierarchical structure.
2
, All organised crime groups are headed by a single leader and are
structured into a series of subordinate ranks.
The rigidity of this chain of command may vary.
Nationwide organisations may be composed of multiple separate
chapters or “families”, each unit generally headed by its own leader
who is supported by the group’s command hierarchy.
Intergroup disputes, joint ventures and new membership are
generally reviewed by a board composed of the leaders of the most
powerful individual chapters.
For example, La Cosa Nostra is currently estimated to include 24
individual “families”, all under the general authority of a “national
commission” comprising an estimated nine bosses.
3. Restricted/exclusive membership.
The group formally accepts members after a demonstration of
loyalty and willingness to commit criminal acts in order to ensure
that the person is not a police informer, undercover agent or rebel
working on behalf of other criminal organisations.
Membership may be limited by race or common background and
generally involves a lifetime commitment to the group, which is
enforced by violent group action.
A person’s ability to keep secrets, to follow orders and to fight are
important attributes in this regard.
4. Criminality/violence/power.
Power and control are key organised crime goals and may be
obtained through criminal activities of one type or in multiple
activities.
Criminal activity may be designed directly to generate “income” or
to support the group’s power by means of bribery, violence and
intimidation.
Violence is used to maintain group loyalty and to intimidate
outsiders.
Specific violent criminal acts include murder, kidnapping, arson,
robbery and bombings. Although used only when necessary,
violence provides both specific discipline and a general message to
others.
5. Legitimate business involvement.
Legitimate businesses are used to “launder” illegal funds or stolen
merchandise.
3
, For example, illegal profits from drug sales can be claimed as the
legitimate profits of a noncriminal business whose accounting
records have been appropriately adjusted.
Legitimate business involvement also elevates the social status of
organised crime figures.
6. Use of specialists.
Outside specialists such as pilots, chemists and arsonists provide
services under contract to organised crime groups on an intermittent
or regular basis.
In addition to the above characteristics, it is important to note that
organised crime groups are often protected by corrupt officials in the
government and/or private sector.
Such officials include inspectors who overlook violations, accountants who
conceal assets, financial officers who fail to report major cash
transactions, law enforcement officers who provide enforcement activity
information (e.g. to drug traffickers), and attorneys who have government
witnesses intimidated to change their testimony.
The public also supports organised crime by knowingly or unknowingly
purchasing illegal goods and /or “hot” merchandise.
CRITICALLY DISCUSS THE STRUCTURE OF ORGANISED CRIME (P.38
– 39) 15 marks
1. A loose association of people:
Organised crime in South Africa is not committed by clearly
distinguishable groups consisting of unique offenders.
It consists of a loose association of people, including businessmen
and corrupt public officials
The success of organised crime may be ascribed to the close
cooperation/ relationship between criminal groups and the economic
sector where legitimate businesses are involved in both legal and
illegal activities.
2. A complex and adaptable structure:
Organised criminal groups undertake a variety of criminal activities.
These activities are usually undertaken on a large scale and appear
adaptable with regard to the available opportunities and the
changing market set up especially for the production or circulation of
illegal goods
4
DISCUSS THE CATEGORIES (6) OF ORGANISED CRIME
(P.37 - 38). 10 marks
1. Provision of illicit services.
Illicit services are those that legitimate organisations do not provide
and that are forbidden by law.
The provision of illicit services, often in concert with illegal goods, is
a criminal enterprise that generates money to further the
organisation’s goals.
Examples: gambling operations that operate outside the law and
offer a financial tax incentive for those who use this service;
protection rackets, a form of extortion by which organised crime
members approach owners of small businesses and offer them
“protection” for the business in case of “unforeseen” misfortune
such as fire or vandalism;
loan sharking, the illegal lending of money at usurious (exorbitant)
rates the repayment of which is enforced through violence and
intimidation, and
prostitution, the sale of sex acts by persons acting as part of a
larger organisation.
2. Provision of illicit goods.
Like illicit services, organised crime offers illicit goods that are not
available from legitimate businesses.
Examples: Illegal drugs in particular are in considerable demand on
the black market and include marijuana (dagga), cocaine and
heroin, the sale of which provides organised crime organisations
with billions of tax-free revenue every year.
Pornography is another black market commodity that generates
exceptionally high revenue annually.
Unregistered guns and stolen goods are other products in
considerable demand, and illicit dealers sell these at lower prices
and with more ease than legitimate distributors.
3. Conspiracy to commit crime.
Is when there is an agreement between two or more people to
violate the law.
Example: organised crime members work with each other for the
purpose of selling drugs or stolen property, loansharking, gambling
and other activities that are commonly known as racketeering.
1
, Criminal acts are seldom committed without the knowledge or
approval of criminal group leaders.
4. Penetration of legitimate business.
The ability to penetrate legitimate business gives the organised
crime unit both the chance to conceal its illicit revenue and an
opportunity to hide behind a cloak of legitimacy in the community to
avoid the suspicion of citizens and detection by the police.
5. Extortion.
Extortion is a form of theft and is defined as “the use or threatened
use of violence or force to achieve a criminal end”.
Examples: organised crime group members could insist that a
restaurant make use of their linen service by subjecting those who
refuse to violence
6. Corruption.
Without the undercover assistance of public and private figures, such
as law enforcement officers, judges/magistrates, prosecutors, mayors
and municipal officials, bankers, attorneys, accountants and elected
officials at all levels of government, organised crime units would not
flourish.
DISCUSS THE CHARACTERISTICS OF ORGANISED CRIME
1. Organisational continuity.
Organised crime groups ensure that they will survive the death or
imprisonment of their leaders (are therefore self-perpetuating) and
are able to vary the nature of their activities to take advantage of
changing criminal opportunities.
2. Hierarchical structure.
2
, All organised crime groups are headed by a single leader and are
structured into a series of subordinate ranks.
The rigidity of this chain of command may vary.
Nationwide organisations may be composed of multiple separate
chapters or “families”, each unit generally headed by its own leader
who is supported by the group’s command hierarchy.
Intergroup disputes, joint ventures and new membership are
generally reviewed by a board composed of the leaders of the most
powerful individual chapters.
For example, La Cosa Nostra is currently estimated to include 24
individual “families”, all under the general authority of a “national
commission” comprising an estimated nine bosses.
3. Restricted/exclusive membership.
The group formally accepts members after a demonstration of
loyalty and willingness to commit criminal acts in order to ensure
that the person is not a police informer, undercover agent or rebel
working on behalf of other criminal organisations.
Membership may be limited by race or common background and
generally involves a lifetime commitment to the group, which is
enforced by violent group action.
A person’s ability to keep secrets, to follow orders and to fight are
important attributes in this regard.
4. Criminality/violence/power.
Power and control are key organised crime goals and may be
obtained through criminal activities of one type or in multiple
activities.
Criminal activity may be designed directly to generate “income” or
to support the group’s power by means of bribery, violence and
intimidation.
Violence is used to maintain group loyalty and to intimidate
outsiders.
Specific violent criminal acts include murder, kidnapping, arson,
robbery and bombings. Although used only when necessary,
violence provides both specific discipline and a general message to
others.
5. Legitimate business involvement.
Legitimate businesses are used to “launder” illegal funds or stolen
merchandise.
3
, For example, illegal profits from drug sales can be claimed as the
legitimate profits of a noncriminal business whose accounting
records have been appropriately adjusted.
Legitimate business involvement also elevates the social status of
organised crime figures.
6. Use of specialists.
Outside specialists such as pilots, chemists and arsonists provide
services under contract to organised crime groups on an intermittent
or regular basis.
In addition to the above characteristics, it is important to note that
organised crime groups are often protected by corrupt officials in the
government and/or private sector.
Such officials include inspectors who overlook violations, accountants who
conceal assets, financial officers who fail to report major cash
transactions, law enforcement officers who provide enforcement activity
information (e.g. to drug traffickers), and attorneys who have government
witnesses intimidated to change their testimony.
The public also supports organised crime by knowingly or unknowingly
purchasing illegal goods and /or “hot” merchandise.
CRITICALLY DISCUSS THE STRUCTURE OF ORGANISED CRIME (P.38
– 39) 15 marks
1. A loose association of people:
Organised crime in South Africa is not committed by clearly
distinguishable groups consisting of unique offenders.
It consists of a loose association of people, including businessmen
and corrupt public officials
The success of organised crime may be ascribed to the close
cooperation/ relationship between criminal groups and the economic
sector where legitimate businesses are involved in both legal and
illegal activities.
2. A complex and adaptable structure:
Organised criminal groups undertake a variety of criminal activities.
These activities are usually undertaken on a large scale and appear
adaptable with regard to the available opportunities and the
changing market set up especially for the production or circulation of
illegal goods
4
