DOCSLIB.ORG

Federal Criminal Law: the Eedn , Not for Revised Constitutional Theory Or New Congressional Statutes, but the Exercise of Responsible Prosecutive Discretion G

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Federal Criminal Law: the Eedn , Not for Revised Constitutional Theory Or New Congressional Statutes, but the Exercise of Responsible Prosecutive Discretion G Notre Dame Law School NDLScholarship Journal Articles Publications 1995 Federal Criminal Law: The eedN , Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion G. Robert Blakey Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Criminal Law Commons Recommended Citation G. R. Blakey, Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion, 46 Hastings L.J. 1175 (1994-1995). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/784 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion by G. ROBERT BLAKEY* The safety of the people is the Supreme law.** Introduction Justice Frankfurter put it well: "In law.., the right answer usu- ally depends on putting the right question."' My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as "criminal," "civil," "state," "federal," or "international," is relevant principally to a question of legal theory or governmental organization, which is fun- damentally secondary to the character of the behavior itself.2 In short, we have to look at the behavior first-and only then ask ques- * William J. and Dorothy O'Neill Professor of Law, Notre Dame Law School; A.B. 1957, J.D. 1960, University of Notre Dame. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws of the United States Senate Judiciary Committee from 1968 to 1972. He was also a consultant to the National Commission on Reform of Federal Criminal Laws. See Act of Nov. 8, 1966, 80 Stat. 1516, as amended, Act of July 8, 1969, 83 Stat. 44. The assistance of Kirsten M. Donne, Angela D. Collette, and Robert Palmieri (all Class of 1995, Notre Dame Law School) in the collection of these materials is gratefully acknowledged. ** MorNrrsoumu, SPimrr oF =hE LAws bk. XXVI, ch. 23 (Ewing ed., 1751). 1. Estate of Roberts v. Commissioner, 320 U.S. 410, 413 (1943). 2. The criminal/civil distinction, for example, is rooted in history, not the essential character of things, though it has constitutional implications. See, eg., Hicks v. Feiok, 405 U.S. 624, 631 (1988) (criminal or civil labels affixed to contempt as proceeding under state law not controlling for federal constitutional analysis). See generally Mary M. Cheh, Con- stitutional Limits on Using Civil Remedies to Achieve CriminalLaw Objectives: Under- standing and Transcending the Criminal-Civil Law Distinction, 42 HAsrNGs L.J. 1325 (1991); Kenneth Mann, Punitive Civil Sanctions: The Middleground Between Criminaland Civil Law, 101 YALE L. 1795 (1992). [1175] HASTINGS LAW JOURNAL [Vol. 46 tions of legal theory or governmental organization. Holmes also put it well: "The first call of a theory of law is that it should fit the facts." 3 This Symposium-or at least some of its participants-are asking the wrong question. We should not be talking about "federalization." That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no need presses on us to debate it anew. Here we need only turn to the history of lotteries in the nine- teenth century, which amply demonstrates that our federal and state systems of criminal justice are not-as the "federalization" question tends uncritically to assume-mutually exclusive. 4 In fact-if not in theory-they exercise "concurrent jurisdiction" today over most forms of antisocial behavior-at least on the domestic side. The na- tion needs lawyers who read more than law reports; its needs can be 3. OLIVER WENDELL HOLMES, THE COMMON LAW 167 (Howe ed., 1963). 4. The appendix to this Article sets out materials that trace the development of fed- eral criminal law. Unless this history is to be rewritten, it is time to turn to the question of how the nation's systems of state and federal justice can be made to work to meet the needs of its people. But see infra note 93. It is time, too, to turn away from sterile ques- tions of theory divorced from needs, for theory to one side, no meaningful distinction can be drawn, in fact, between the operation of state and federal courts. "[We] need to view our systems as one resource and use that resource as wisely and efficiently as we can." Hon. William H. Rehnquist, Welcoming Remarks: National Conference on State-Federal Judicial Relationships, 78 VA. L. REV. 1657, 1658 (1992). Unless efforts are made to draw functional distinctions between the two systems of justice, however, the alternatives are stark. The Committee on Long Range Planning of the Judicial Conference of the United States argued in its Proposed Long Range Plan for the Federal Courts: The allocation of limited jurisdiction to the federal courts is justified both in theory and as a practical necessity. Unless a distinctive role for the federal court system is preserved, there is no sound justification for having two systems. If federal courts were to begin exercising, in the normal course, the broad range of subject-matter jurisdiction traditionally allocated to the states, they would lose both their distinctive nature and, due to burgeoning dockets, their ability to re- solve fairly and efficiently those cases of clear national import and interest that properly fall within the scope of federal concern. Under that unfortunate scena- rio, all courts-federal and state-might as well be consolidated into a single sys- tem to handle all judicial business. To follow this course-toward either a single national court system or two systems engaged in essentially identical businesses- would be disastrous. COMMITTEE ON LONG RANGE PLANNING OF THE JUDICIAL CONFERENCE OF THE UNITED STATES, PROPOSED LONG RANGE PLAN FOR THE FEDERAL COURTS 19 (Nov. 1994) [here- inafter COMMrITEE ON LONG RANGE PLANNING]. Nevertheless, the Committee recog- nized that, "[als Congress continues to 'federalize' crimes previously prosecuted in the state courts, and to create civil causes of action over matters previously resolved in the state courts," that is precisely what is happening. Id. at 20. Legally, the state and federal courts, in short, largely exercise concurrent jurisdiction over most matters. The task facing the nation is to rationalize that jurisdiction functionally. That is the task that this Sympo- sium should have set for itself. That it did not was a tragic waste of intellectual resources. April 1995] PROSECUTIVE DISCRETION more easily seen by reading newspapers.5 If we want to make a mean- ingful evaluation of our federal system of criminal justice, we ought to focus most sharply on asking, for example, if it is adequately respond- ing to those forms of internationalantisocial behavior that only it has the legal and other resources to meet. That is a question worth taking up. Unfortunately, I have heard too little about that sort of question in these proceedings.6 I. Ideology What Cardozo said of law may be said of criminal justice: Each person tends to see it through his or her own eyes. 7 Many perspec- tives could, of course, give us a better view. Nevertheless, insight into 5. This is not to gainsay that the "workload of the federal courts [is not] continu[ing] to grow substantially." AD rnSTRAn OFFICE OF THE U.S. COURTS, 1992 ANNUAL REPORT OF THE DIRECTOR 10 [hereinafter U.S. CouRs 1992]. While in 1962 only 4,800 appeals were docketed and 100,000 district courts matters filed, in 1992, the figures rose to 47,000 and 277,000, nearly a tenfold increase in appeals and a threefold increase in district court filings. Id. The rise in criminal filings, however, has not been as sharp: there has been only a 27% increase over the last ten years. Id. fig. 1. In fact, excluding the District of Columbia, during "the period 1955 to 1991 total criminal filings in the district courts ranged from a low of about 28,000 cases (1956-61 and 1980) to a high of about 47,000 (1972 and 1989). During the period since 1930, although the nature of the crimes prosecuted and the types of cases have changed, total federal filings have remained within a limited range, averaging about 35,000 cases annually." NORMAN ABRAMs & SARA SUN BEALE, FEDERAL CRIMINAL LAW Am h-s ENFORCEMENT 12 (2d ed. 1993). In contrast, reports from 35 states, including the most populous states except Pennsylvania, indicate that more than 1,077,000 felony cases are filed each year at the state level. Id. at 13. While criminal filings have remained relatively stable, district court judgeships have increased from 245 in 1960 to 649 in 1993, an 165% increase. COMMITTEE ON LONG RANGE PLANNING, supra note 4, tbl. 6. This should be contrasted with the 1,798 active state trial court judges. BUREAU OF JusTICE STATISTICS, U.S. DEP'T OF JusTICE, SOURCEBOOK OF CRIMINAL JUSTICE STATIS- TICS 1993 tbl. 221.66 [hereinafter SOURCEBOOK 1993]. 6. Here, too, Holmes put it well: The rational study of law is still to a large extent the study of history. History must be a part of the study, because without it we cannot know the precise scope of rules which it is our business to know. It is a part of the rational study, because it is the first step toward an enlightened skepticism, that is, toward a deliberate reconsideration of the worth of those rules.
Load more

Recommended publications
  • Exploring Mission Drift and Tension in a Nonprofit Work Integration Social Enterprise
    Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2017 Exploring Mission Drift and Tension in a Nonprofit orkW Integration Social Enterprise Teresa M. Jeter Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Organizational Behavior and Theory Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Teresa Jeter has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Gary Kelsey, Committee Chairperson, Public Policy and Administration Faculty Dr. Gloria Billingsley, Committee Member, Public Policy and Administration Faculty Dr. Joshua Ozymy, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2017 Abstract Exploring Mission Drift and Tension in a Nonprofit Work Integration Social Enterprise by Teresa M. Jeter MURP, Ball State University, 1995 BS, Indiana University-Purdue University, Indianapolis 1992 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University May 2017 Abstract The nonprofit sector is increasingly engaged in social enterprise, which involves a combination and balancing of social mission and business goals which can cause mission drift or mission tension.
    [Show full text]
  • Mandatory Minimum Penalties and Statutory Relief Mechanisms
    Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S.
    [Show full text]
  • Discursos Frente a La Migración Y Teorías De
    Horacio Aarón Saavedra Archundia Superando las Fronteras del Discurso Migratorio: los Conceptos de las Teorías de las Relaciones Internacionales en la Aceptación y el Rechazo de los Indocumentados Mexicanos a partir de la Era del NAFTA Jenseits des Migrationsdiskurses: Theoriekonzepte der Internationalen Beziehungen zur Aufnahme bzw. Ablehnung der so genannten ―illegalen mexikanischen Einwanderer― im Zeitalter der NAFTA Dissertation zur Erlangung des akademischen Grades Doktor der Sozialwissenschaften in der Fakultät für Sozial- und Verhaltenswissenscahften der Eberhard-Karls-Universität Tübingen 2008 Gedruckt mit Genehmigung der Fakultät für Sozial- und Verhaltenswissenschaften der Universität Tübingen Hauptberichterstatter: Prof. Dr. Andreas Boeckh Mitberichterstatter: Prof. Dr. Hans-Jürgen Burchardt Dekan: Prof. Dr. Ansgar Thiel Tag der mündlichen Prüfung: 30.09.2008 Universitätsbibliothek Tübingen 1 Indice General Introducción ............................................................................................................. 4 1. Revisión histórica: antecedentes de la concepción del migrante en Estados Unidos ................................................................................................................. 19 2. Revisión teórica: paradigmas internacionales, ................................................ 46 3. Los agentes políticos de EU en la primera década de vigencia del TLCAN: las éticas del guerrero, tendero y profeta ............................................................... 78 4. Caso de estudio
    [Show full text]
  • Theories of Organized Criminal Behavior
    LYMAMC02_0131730363.qxd 12/17/08 3:19 PM Page 59 2 THEORIES OF ORGANIZED CRIMINAL BEHAVIOR This chapter will enable you to: • Understand the fundamentals behind • Learn about social disorganization rational choice theory theories of crime • See how deterrence theory affects • Explain the enterprise theory crime and personal decisions to of organized crime commit crime • Learn how organized crime can be • Learn about theories of crime explained by organizational theory INTRODUCTION In 1993, Medellin cartel founder Pablo Escobar was gunned down by police on the rooftop of his hideout in Medellin, Colombia. At the time of his death, Escobar was thought to be worth an estimated $2 billion, which he purportedly earned during more than a decade of illicit cocaine trafficking. His wealth afforded him a luxurious mansion, expensive cars, and worldwide recognition as a cunning, calculating, and ruthless criminal mastermind. The rise of Escobar to power is like that of many other violent criminals before him. Indeed, as history has shown, major organized crime figures such as Meyer Lansky and Lucky Luciano, the El Rukinses, Jeff Fort, and Abimael Guzmán, leader of Peru’s notorious Shining Path, were all aggressive criminals who built large criminal enterprises during their lives. The existence of these criminals and many others like them poses many unanswered questions about the cause and development of criminal behavior. Why are some criminals but not others involved with organized crime? Is organ- ized crime a planned criminal phenomenon or a side effect of some other social problem, such as poverty or lack of education? As we seek answers to these questions, we are somewhat frustrated by the fact that little information is available to adequately explain the reasons for participating in organized crime.
    [Show full text]
  • Management Strategies in Disturbances and with Gangs/Disruptive Groups APR ,::; F992 L
    If you have issues viewing or accessing this file contact us at NCJRS.gov. u.s. Department of Justice National Institute of Corrections Management Strategies in Disturbances and with Gangs/Disruptive Groups APR ,::; f992 l Management Strategies in Disturbances and with Gangs/Disruptive Groups October 1991 136184 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this 9 J : 'lIM' II> material has been granted by, • IN Pub11C Dcmam Ie u. S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside 01 the NCJRS system requires permission of the.sl ASt owner. ---- ---- ------1 PREFACE Prison disturbances range from minor incidents that disrupt institution routine to major disturbances that involve a large proportion of inmates and threaten security and safety. Realizing that proactive management strategies and informed readiness can reduce the potential damage of prison disturbances, many departments of corrections are seriously addressing the need both to prevent and to plan for managing such disturbances. Administrators are also looking for better ways to avert the potentially violent activities and serious problems caused by prison gangs and organized groups. In response to the need for improved, current information on how corrections departments might prepare themselves to deal with the problems of both gangs and disturbances, the NIC Prisons Division and the NIC National Academy of Corrections sponsored special issue seminars entitled "Management Strategies in Disturbances and with Gangs/Disruptive Groups" in Boulder, Colorado, and in Baltimore, Maryland.
    [Show full text]
  • Latinidad En Encuentro
    Latinidad en encuentro : experiencias migratorias en los Estados Unidos Titulo Albo Díaz, Ana Niria - Compilador/a o Editor/a; Aja Díaz, Antonio - Compilador/a o Autor(es) Editor/a; La Habana Lugar Fondo Editorial Casa de las Américas Editorial/Editor 2014 Fecha Cuadernos Casa no. 49 Colección Literatura; Migración; Latinos; Artes visuales; América Latina; Estados Unidos; Temas Libro Tipo de documento "http://biblioteca.clacso.org/Cuba/casa/20200419105329/Latinidad-en-encuentro.pdf" URL Reconocimiento-No Comercial-Sin Derivadas CC BY-NC-ND Licencia http://creativecommons.org/licenses/by-nc-nd/2.0/deed.es Segui buscando en la Red de Bibliotecas Virtuales de CLACSO http://biblioteca.clacso.org Consejo Latinoamericano de Ciencias Sociales (CLACSO) Conselho Latino-americano de Ciências Sociais (CLACSO) Latin American Council of Social Sciences (CLACSO) www.clacso.org Fondo Editorial Casa de las Américas Fondo Editorial Casa de las Américas LATINIDAD EN ENCUENTRO.indd 2 12/03/2014 14:04:07 Fondo Editorial Casa de las Américas LATINIDAD EN ENCUENTRO.indd 3 12/03/2014 14:04:07 Fondo Editorial Casa de las Américas LATINIDAD EN ENCUENTRO.indd 5 12/03/2014 14:04:08 Edición: Yariley Hernández Diseño: Ricardo Rafael Villares Ilustración de cubierta: Nelson Ponce Realización computarizada: Marlen López Martínez Alberto Rodríguez Todos los derechos reservados © Sobre la presente edición: Fondo Editorial Casa de las Américas, 2014 ISBN 978-959-260-413-1 Fondo Editorial Casa de las Américas FONDO EDITORIAL CASA DE LAS AMÉRICAS casa 3ra y G, El Vedado, La Habana [email protected] www.casa.cult.cu. LATINIDAD EN ENCUENTRO.indd 6 12/03/2014 14:04:08 Introducción Las oleadas crecientes de personas que llegan a los Estados Unidos a través de los caminos, que ahora no conducen a Roma sino a otro imperio, no escapan al entramado de experiencias transnacionales que estos desplazamientos conllevan.
    [Show full text]
  • Federal Criminal Law: the Eedn , Not for Revised Constitutional Theory Or New Congressional Statutes, but the Exercise of Responsible Prosecutive Discretion G
    Hastings Law Journal Volume 46 | Issue 4 Article 10 1-1995 Federal Criminal Law: The eedN , Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion G. Robert Blakey Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation G. Robert Blakey, Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion, 46 Hastings L.J. 1175 (1995). Available at: https://repository.uchastings.edu/hastings_law_journal/vol46/iss4/10 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion by G. ROBERT BLAKEY* The safety of the people is the Supreme law.** Introduction Justice Frankfurter put it well: "In law.., the right answer usu- ally depends on putting the right question."' My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as "criminal," "civil," "state," "federal," or "international," is relevant principally to a question of legal theory or governmental organization, which is fun- damentally secondary to the character of the behavior itself.2 In short, we have to look at the behavior first-and only then ask ques- * William J.
    [Show full text]
  • The Dictionary Legend
    THE DICTIONARY The following list is a compilation of words and phrases that have been taken from a variety of sources that are utilized in the research and following of Street Gangs and Security Threat Groups. The information that is contained here is the most accurate and current that is presently available. If you are a recipient of this book, you are asked to review it and comment on its usefulness. If you have something that you feel should be included, please submit it so it may be added to future updates. Please note: the information here is to be used as an aid in the interpretation of Street Gangs and Security Threat Groups communication. Words and meanings change constantly. Compiled by the Woodman State Jail, Security Threat Group Office, and from information obtained from, but not limited to, the following: a) Texas Attorney General conference, October 1999 and 2003 b) Texas Department of Criminal Justice - Security Threat Group Officers c) California Department of Corrections d) Sacramento Intelligence Unit LEGEND: BOLD TYPE: Term or Phrase being used (Parenthesis): Used to show the possible origin of the term Meaning: Possible interpretation of the term PLEASE USE EXTREME CARE AND CAUTION IN THE DISPLAY AND USE OF THIS BOOK. DO NOT LEAVE IT WHERE IT CAN BE LOCATED, ACCESSED OR UTILIZED BY ANY UNAUTHORIZED PERSON. Revised: 25 August 2004 1 TABLE OF CONTENTS A: Pages 3-9 O: Pages 100-104 B: Pages 10-22 P: Pages 104-114 C: Pages 22-40 Q: Pages 114-115 D: Pages 40-46 R: Pages 115-122 E: Pages 46-51 S: Pages 122-136 F: Pages 51-58 T: Pages 136-146 G: Pages 58-64 U: Pages 146-148 H: Pages 64-70 V: Pages 148-150 I: Pages 70-73 W: Pages 150-155 J: Pages 73-76 X: Page 155 K: Pages 76-80 Y: Pages 155-156 L: Pages 80-87 Z: Page 157 M: Pages 87-96 #s: Pages 157-168 N: Pages 96-100 COMMENTS: When this “Dictionary” was first started, it was done primarily as an aid for the Security Threat Group Officers in the Texas Department of Criminal Justice (TDCJ).
    [Show full text]
  • Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law
    Guilty Associations: Joint Criminal Enterprise, Command Responsibility, and the Development of International Criminal Law Allison Marston Dannert and Jenny S. MartinezT TABLE OF CONTENTS Introduction ....... .......................... ............... 77 I. Framing International Criminal Law ................................................. 80 A. Domestic Criminal Law ............................................................ 82 B . H um an Rights ........................................................................... 86 C. Transitional Justice .................................................................. 90 II. International Criminal Law at the Crossroads: Establishing Legitim acy .................................................................. 96 Il1. Joint Criminal Enterprise and Command Responsibility: D octrine and H istory ......................................................................... 102 A. The Development of Joint Criminal Enterprise .......................... 103 1. The Tadk Decision: The ICTY Embraces JCE ................... 104 2. JCE, Conspiracy, and Organizational Liability in World War II-era Prosecutions ............................................. 110 a. JCE/Common Plan/Common Design Liability .............. 110 b. Crim inal Organizations .................................................. 112 c. C onspiracy ..................................................................... 114 Copyright © 2005 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation.
    [Show full text]
  • Praying Against Worldwide Criminal Organizations.Pdf
    o Marielitos · Detroit Peru ------------------------------------------------- · Filipino crime gangs Afghanistan -------------------------------------- o Rathkeale Rovers o VIS Worldwide § The Corporation o Black Mafia Family · Peruvian drug cartels (Abu SayyafandNew People's Army) · Golden Crescent o Kinahan gang o SIC · Mexican Mafia o Young Boys, Inc. o Zevallos organisation § Salonga Group o Afridi Network o The Heaphys, Cork o Karamanski gang § Surenos or SUR 13 o Chambers Brothers Venezuela ---------------------------------------- § Kuratong Baleleng o Afghan drug cartels(Taliban) Spain ------------------------------------------------- o TIM Criminal o Puerto Rican mafia · Philadelphia · TheCuntrera-Caruana Mafia clan § Changco gang § Noorzai Organization · Spain(ETA) o Naglite § Agosto organization o Black Mafia · Pasquale, Paolo and Gaspare § Putik gang § Khan organization o Galician mafia o Rashkov clan § La ONU o Junior Black Mafia Cuntrera · Cambodian crime gangs § Karzai organization(alleged) o Romaniclans · Serbian mafia Organizations Teng Bunmaorganization § Martinez Familia Sangeros · Oakland, California · Norte del Valle Cartel o § Bagcho organization § El Clan De La Paca o Arkan clan § Solano organization Central Asia ------------------------------------- o 69 Mob · TheCartel of the Suns · Malaysian crime gangs o Los Miami o Zemun Clan § Negri organization Honduras ----------------------------------------- o Mamak Gang · Uzbek mafia(Islamic Movement of Uzbekistan) Poland -----------------------------------------------
    [Show full text]
  • Research Findings Were Derived from a Total of 9 Key Informant Interviews, 39 Survey Responses, and 3 Social Enterprise Case Studies
    Running head: BREAKING THE CYCLE Breaking the Cycle of Incarceration: Strategies for Successful Reentry Final Report for Labyrinth Outreach Services for Women Illinois State University Prepared by Stevenson Center Graduate Students: Emily R. Blankenberger, Amanda S. Breitenstein, Nick A. Canfield, Derek M. Conley, Caleb J. Griffin, Patricia L. Huete, Melissa Johnston-Gross, Andrew T. Kuka, Jessie R. Linder, Carolyn A. Moe, Cecilia R. Montesdeoca, Bethan K. Owen, Kirk D. Richardson, George H. Stanton IV, John R. Thornburg, Bryan R. Titzler, Lauren A. Troxtel, & Eliud A. Uresti This study was made possible by the generous support of the Pohlmann Family Development Grant. BREAKING THE CYCLE 2 Table of Contents Abstract………………………………………………………………………………...……….....3 Introduction………………………………………………………………………………....…..…4 Literature Review……………………………………………………………..…………………...5 Description of Study……………………………………………………………..………………14 Research Questions…………………………………………………………..…………………..15 Research Methods……………………………………………………………..…………………19 Findings……………………………………………………………..……………..…………….23 Limitations……………………………………………………………..……………..………….47 Recommendations……………………………………………………………..…………………49 Future Research……………………………………………….......………..…………………....54 References……………………………………………………………..…………………..……..58 Appendices……………………………………………………………………………………….63 BREAKING THE CYCLE 3 Abstract Working with a local reentry organization, Labyrinth Outreach Services to Women, the purpose of this study was to gather information about opportunities and barriers related to two aspects of
    [Show full text]
  • RACE and the DETENTION of MARIEL CUBANS, 1980-1981 By
    “I HOPE THEY DON’T COME TO PLAINS”: RACE AND THE DETENTION OF MARIEL CUBANS, 1980-1981 by ALEXANDER MAXWELL STEPHENS (Under the Direction of Bethany E. Moreton) ABSTRACT In 1980, roughly 125,000 Cubans sailed to the United States in a mass migration that became known as the Mariel boatlift. Labeled "scum" by Fidel Castro, many of the Cubans who crossed the Straits of Florida found themselves stigmatized again in the United States, as rumors spread that their government used the boatlift to empty its prisons and mental institutions. Criminalized and caught in the middle of a changing U.S. refugee policy, tens of thousands of Mariel migrants were sent to makeshift detention centers on military bases. Black and mulato Cubans made up a disproportionate number of the people confined to these carceral spaces. Although scholars have been critical of the stigmatization and detention of people from Mariel, few have explored fully the ways that race shaped this process. This thesis analyzes the various forms of power that contributed to the racialized consequences of the boatlift. INDEX WORDS: Mariel boatlift, International migration, Detention, Incarceration, Refugee policy, Race, Cuba, United States “I HOPE THEY DON’T COME TO PLAINS”: RACE AND THE DETENTION OF MARIEL CUBANS, 1980-1981 by ALEXANDER MAXWELL STEPHENS BA, University of North Carolina at Chapel Hill, 2010 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS ATHENS, GEORGIA 2016 © 2016 Alexander Maxwell Stephens All Rights Reserved “I HOPE THEY DON’T COME TO PLAINS”: RACE AND THE DETENTION OF MARIEL CUBANS, 1980-1981 by ALEXANDER MAXWELL STEPHENS Major Professor: Bethany E.
    [Show full text]