scholarly journals Third-Party Policing Approaches against Organized Crime: an Evaluation of the Yakuza Exclusion Ordinances

2019 ◽  
Author(s):  
Tetsuya Hoshino ◽  
Takuma Kamada
Keyword(s):  
Organized Crime ◽  
Crime Control ◽  
Unintended Consequences ◽  
Third Parties ◽  
Third Party ◽  
Income Source ◽  
Criminal Organizations ◽  
Control And Prevention ◽  
Third Party Policing ◽  
Concentration Levels

Objective: Third-party policing (TPP) refers to police efforts to persuade or coerce third parties to take some responsibility for crime control and prevention. The Yakuza Exclusion Ordinances (YEOs) of Japan aim to combat organized crime syndicates—the yakuza—and to increase social welfare. Consistent with the principles of TPP, the YEOs prohibit third parties—non-yakuza individuals—from providing any benefit to the yakuza. We study both intended and unintended consequences of the YEOs by examining the YEOs’ effects on the number of yakuza members and on the revenues generated by communications fraud, which is the yakuza’s emergent income source. Methods: We use unique data on the yakuza and communications fraud. Using prefecture-level variation in the YEOs’ enactment dates, we apply a difference-indifferences approach, while allowing for heterogeneity in the YEOs’ effects by regional concentration levels of yakuza syndicates.Results: The YEOs decrease the number of yakuza members but increases the revenues generated by communications fraud. Moreover, the YEOs’ effects are smaller in regions with higher concentration levels of yakuza syndicates. These results are consistent with the argument that former yakuza members, who generally experience poor economic conditions and criminogenic conditions, tend to engage in widespread communications fraud. Conclusions: The YEOs are related to TPP strategies that rely on coercive techniques. Given this, our results support the effectiveness of TPP against organized crime but suggest that TPP can have unintended consequences on organized crime by increasing the level of income-generating crime. Our results indicate the importance of rehabilitation assistance for former members of criminal organizations.

When Scarface Met Rico

2019 ◽  
pp. 145-156
Author(s):  
Joe Kraus
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Crime Control ◽  
Criminal Organization ◽  
Illegal Activity ◽  
Organized Crime Control ◽  
Criminal Organizations ◽  
Shared Goal

This chapter traces the waning of Patrick’s career and that of the Outfit as law enforcement was closing in. It discusses the Racketeer Influenced and Corrupt Organizations (RICO) statutes, which was part of the Organized Crime Control Act of 1970. RICO expressly spelled out the capacity to target individuals for being part of a criminal organization. It expanded the existing power to bring conspiracy charges against criminal organizations. Under conspiracy, everyone involved had to be aware of the shared goal of the operation, and the group was defined by its participation in a particular crime. Under RICO, it became possible to convict someone who was part of an organization engaged in a pattern of illegal activity even if some members of the organization were unaware of specific actions or even of the ultimate goal of those actions.

scholarly journals Enforcement against Organized Crime Fosters Illegal Markets: Evidence from the Yakuza

2020 ◽  
Author(s):  
Tetsuya Hoshino ◽  
Takuma Kamada
Keyword(s):  
Organized Crime ◽  
Policy Implication ◽  
Difference In Differences ◽  
Illegal Markets ◽  
Property Crimes ◽  
Criminal Organizations ◽  
Concentration Levels

The Yakuza Exclusion Ordinances (YEOs) have been implemented at different times across prefecturesin Japan, where it is not illegal to organize or join criminal organizations—the yakuza. The YEOs indirectly regulate on the yakuza by prohibiting non-yakuza citizens from providingany benefit to them. In Japan, organized fraud has been a serious issue, accounting for almost half of the total financial damage by all property crimes. Difference-in-differences estimates indicate that (i) the YEOs increase the revenue from organized fraud and (ii) the YEOs’ effects are greater in regions with lower concentration levels of yakuza syndicates. Additional evidence suggests that both current and former yakuza members engage in the fraud in the presence of theYEOs. One policy implication is that the rehabilitation assistance for former yakuza members can be effectively implemented in regions with lower concentration of yakuza syndicates.

scholarly journals The evolution of drug trafficking and organized crime in Latin America

2013 ◽  
Author(s):  
Bruce Bagley
Keyword(s):  
Organized Crime ◽  
Drug Trafficking ◽  
Crime Control ◽  
War On Drugs ◽  
Unintended Consequences ◽  
Control Policies ◽  
The Past ◽  
Criminal Groups ◽  
Drug Economy ◽  
Illicit Drug Trafficking

This article analyses the evolution of illegal drug economy in the Americas over the past two decades. It identifies eight key trends that have characterized illicit drug trafficking and organized crime as of mid-2011. They are: (1) The increasing globalization of drug consumption; (2) The limited victories and unintended consequences of the U. S. -led ‘War on Drugs’; (3) The proliferation of cultivation areas and of drug smuggling routes; (4) The dispersion and fragmentation of organized criminal groups; (5) The failure of political reform and state-building efforts; (6) The inadequacies U. S. domestic drug and crime control policies; (7) The ineffectiveness of regional and international drug control policies; (8) The growing support for legalization debate.

Third Party Policing

Criminology ◽  
2019 ◽  
Author(s):  
Janet Ransley
Keyword(s):  
Crime Prevention ◽  
Government Regulation ◽  
Crime Control ◽  
Situational Crime Prevention ◽  
Third Party ◽  
Control Mechanisms ◽  
Focused Deterrence ◽  
The Social ◽  
Third Party Policing ◽  
Causes Of Crime

The major premise of third party policing is that police on their own cannot succeed in reducing many crime and disorder problems. Instead, they need to draw on the social control mechanisms held by other government and community actors. Third party policing occurs when police leverage the powers or legal levers held by those other actors or partners to help control or reduce crime or disorder. The move for police to work through partners has accelerated due to trends in governance, the increasing scope of government regulation, and the expectation that communities will help co-produce public safety. At a time when many police agencies face budget restrictions, encouraging others to assume some crime control responsibility becomes especially important. These trends have expanded how crime can be regulated and prevented in ways that do not rest only on traditional criminal law or justice processes. Typical police partners include regulators, businesses, property owners, and schools. Legal levers include property or fire codes, liquor regulation, rental contracts, and school suspension or discipline powers. Police seek to activate or escalate their partners’ use of these non-criminal powers, either cooperatively or coercively, so as to extend the range of policing influence over problem places, people, or situations. Therefore, third party policing is both proactive, in that it is focused on addressing and reducing the causes of crime and disorder, and problem-oriented, in that it seeks to do so by analyzing and resolving recurrent, underlying problems. The focus on places, people, and situations also aligns with situational crime prevention techniques, such as hots spots policing and focused deterrence. But third party policing is differentiated from these other approaches through its reliance on the legal levers of partners. The first section in this entry outlines how third party policing has developed over the past twenty years. There are also sections on the role and use of regulation in policing, the contribution of civil remedies to crime prevention, descriptions of the multiple contexts in which third party policing has been adopted, factors that promote successful partnerships, assessments of outcomes and effectiveness, and issues to do with ethics and accountability.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

BASIC PROSTITUTION ORGANIZATIONS TYPES

2018 ◽  
Vol 28 (6) ◽  
pp. 2091-2100
Author(s):  
Venelin Terziev ◽  
Hristo Bonev
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Sexual Exploitation ◽  
Hierarchical Structures ◽  
System Management ◽  
Criminal Organizations ◽  
Organized Crime Groups ◽  
Sexual Services

This article outlines the three main prostitution organization types as well as hierarchical structures in criminal organizations dealing with human trafficking, prostitution and sexual exploitation. Several major categories of personages are directly involved in organized crime groups. The main indicators for assessing the prostitution prevention are defined and the principles for system management and management are justified. The three factors of prostitution management - psychological, social and financial - are outlined. An evaluation of the prostitution market has been carried out and the functions of the domestic and external markets for paid sex are described. The data provided gives us a reason to assume that the consumption of sexual services is increasing.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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