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Are Probation and Parole Officers Liable for Injuries Caused by Probationers and Parolees? ...... Richard D. Sluder Rolando V. del Cannen The Influence of Probation Recommendations on Sentencing Decisions and Their Predictive Accuracy...... Curtis Campbell Candace McCoy Chimezie A.B. Osigweh, Yg. Home Confinement and the Use of Electronic Monitoring With Federal Parolees ...... • ...... James L. Beck J ody Klein-Saffran Harold B. Wooten Twelve Steps to Sobriety: Probation Officers "Working the Program" .••... , .•••.....•...... Edward M. Read African-American , An Ignored

lenon .. " 0 • ., ., 0 0, 101 ., 0 •• ~ 0 ., •••• Gil''' '" .. CI '1/ 0 •• ., 0 • • Freilerick T. Martens minary Development of the Probation Home Program: A Community-Based Model • . • ...... Chinita A. Heard , :'Ogram of Personal Development ates ., 0 Q ., 0 • 'II • It ., " ••• " ~ • ., • 0 • • .... 1:1 • " 0 oil ... 00 0 0 •• II' • • Michel Poirier Serge Brochu Charles Forget lent Error in Official Statistics: Rule Infraction Data . . ••••.••..... Stephen C. Light Ale Prisoner in IrelaiHi, 1855·187g •••.• Ber)erly A. Smith

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~j. ]1 ij11 Federal Probation A JOURNAL OF CORRECTIONAL PHILOSOPHY AND PRACTICE

Published by the Administrative Office of the Courts

VOLUME LIV DECEMBER 1990 i"i C J R 9wMBER 4

JAN 11 1991 • This Issue In Bri~{QUlSITiONS

Are Probation and Parole Officers Liable ing in 12 Federa\...Pistr.icts;--''1-''''''''· ~ ... --:'-.1"' for Injuries Caused by Probationers and Twelve Steps to Sobriety: Probation Officers Parolees?-The number of offenders on probation "Working the Program."-Working with chemi­ and parole has risen; inevitably some offenders cally dependent offenders is indisputably a chal­ will commit other crimes during their terms of lenge of the new decade. Addiction treatment is supervision. A growing concern for probation and complex and, by its very nature, engenders phi- parole officers is whether they can be held civilly liable for injuries caused by probationers and parolees under their supervision. While case law CONTENTS in this area is still developing, there are enough cases to indicate when an officer might be held Are Probation and Parole Officers Liable for Injuries Caused by liable. Authors Richard D. Sluder and Rolando V. Probationers and Parolees? ...... Richard D. Sluder del Carmen provide a categorization of decided Rolando V. del Carmen 3 cases and sketch a broad outline of when officer The Influence of Probation Recommendations on Sentencing liability might ensue. Decisions and Their Predictive Accuracy ...... Curtis Campbell The Influence of Probation Recommenda­ Candace McCoy tions on Sentencing Decisions and Their Chimezie A.B. Osigweh, Yg. 13 Predictive Accuracy.-Using data on an serious Home Confinement and the Use of Electronic Monitoring With I d)) " 9 tJ cases concluded in 1 year in an Iowa judicial Federal Parolees ...... James L. Beck district, authors Curtis Campbell, Candace Mc­ Jody Klein~affran Coy, and Chimezie AB. Osigweh, Yg. explore the Harold B. Wooten 22 Twelve Steps to Sobriety: disjuncture between sentencing recommendations Probation Officers "Working made by the probation department and sentences the Program" ...... , Edward M. Read 34 actually imposed by judges. While probation per­ African·American Organized Crime, An Ignored /~7 {, 9 1 sonnel and the judiciary usually agreed on ap­ Phenomenon ...•...... Frederick T. Martens 43 propriate dispositions for first-time offenders, they The Preliminary Development of the Probation Mentol" Home strongly disagreed on recidivists' sentences. Proba­ Program: A Community·Based tion officers recommended incarceration for recidi­ Model ...... Chinita A. Heard 51 vists almost twice as often as judges imposed it. ECHO: Program of Personal Development for Inmates ...... Michel Poirier I;;; 7 (0 9.3 Home Confinement and the Use of Elec­ Serge Brochu tronic Monitoring With Federal Parolees.­ Charles Forget 57 Measurement Error in Official Authors James L. Beck, Jody Klein-Saffran, and Statistics: Prison Rule J~ 7{P'iiJ Harold B. Wooten evaluate a recent Federal Infraction Data ...... Stephen C. Light 63 initiative examining the feasibility of electronical­ The Female Prisoner in Ireland, 1855·1878 ..•...•...... •..•. Beverly R. Smith 69/.;( 7~ 9.r ly monitoring Federal parolees. Although technical problems were experienced with the equipment, Departments 1:1 7,9& i the authors conclude that the project was an News of the Future ...... •...... 82 97 effective way of enforcing a curfew and supervis­ Looking at the Law ...... 86 1~7 " i ing the offender in the community. The success of Reviews of Professional Periodicals ...... 92 Your Bookshelf on Review ...... •... 105 the project has served as a foundation for expan­ It Has Come to Our Attention •.....•..•.....•.. 111 sion of home confinement with electronic monitor- Indexes of Articles and Book Reviews ...... •... 113

1

J · African-American Organized Crime, An Ignored Phenomenon

By FREDERICK T. MARTENS Past President, International Association for the Study of Organized Crime

EW SUBJECTS evoke as much emotion 1969) at the other end. Within this definitional and mysticism as crime, and more par­ malaise lies what is best described by Moore F ticularly organized crime. We have been (1987) as "organizing assets"-criteria that is treated tu novels, autobiographies, and movies essential to organizing crime. For our purpose, it that continue to reinforce the ominous power and is better that we describe organized crime than influence of the Mafia-a group of Italians who define it, for definitions are relatively inexact, have been responsible, in part, for organizing perhaps too rigid, or more than likely far too crime in the United States and . We have, ambiguous. What is perhaps more important is to on the other hand, ignored to a large extent the describe the assets (Moore, 1987) that organizing other ethniriracial groups that have been a part crime requires. of the organized crime landscape in America for Violence or the Fear Thereof. Criminal markets decades. Chin's recent book, Chinese Subculture require enforcement of rules, norms, and territo­ and Criminality (1990), Dubro and Kaplan's Yuk­ ries through agreement with competing groups. uza (1986), and Ianni's controversial Absent such agreements, or when these agree­ (1974) have attempted to fill this void. ments are violated, the market will become disor­ There is today a justifiable concern toward ganized. Violence will likely ensue in order to treating organized crime in ethnic/racial terms. organize the market. Equally as important, the Certainly, our experience with Italian-American fear of violence may be sufficient to organize the organized crime demonstrates how misleading and market (Reuter, 1982). What makes organized damaging such treatment can be and often is crime violence unique, however, is that it is selec­ (Martens & Niederer, 1985). Nonetheless, the tive, symbolic, and exacted for a distinct business paucity of solid, credible research into these other or protective purpose. forms of organized crime and their relationship to Access to Political Institutions. The ability to ethnicity/race is noticeable, particularly given the corrupt is essential to the "peaceful" organization growing evidence that significant changes have of crime. Public institutions, namely the police occurred in the underworld.l Repeatedly, law en­ and the courts, are often used by the more adept forcement officials have warned of "new" and racketeers to eliminate competition and exact emerging groups comprised of Vietnamese, Colom­ "tribute." Moreover, through corrupt relationships bians, and Chinese that are filling the void creat­ with the police, dissidents and rule breakers can ed by the incarceration and deaths of Cosa Nos­ be sanctioned by the more adept racketeers (Furs­ tra members (P.S.I., 1988). Noticeably absent is tenburg, 1976; Dintino, 1982; Faris, 1989). any credible discussion about African-American Control/Access of Financial Assets. Access to organized crime. This may of course suggest it financial institutions (e.g., banks, savings and does not exist, it is not recognized, or both. It loan associations, minority business grants, etc.) may also suggest that it is one topic that dare is another essential characteristic of an organized not be discussed, for fear of racism being attribut­ crime network. Those racketeers who can "lay ed to the discussants. The truth perhaps lies their hands" on cash are more likely to corner a somewhere in the middle, as is often the case. market than those who cannot. For example, the loanshark who can use the resources of a bank is The Ambiguity of Defining Organized Crime in a more advantageous position to exact market One of the great ironies in discussing orga­ control than one who does not have such access. nized crime is its lack of definition or, more ap­ Experience. Success in any business is depen­ propriately, the plethora of definitions (Maltz, dent upon experience or, more appropriately, a 1990, pp. 109-122; Blakey, 1981). For example, we unique expertise. Persons with skills such as have seen organized crime defined as "two or bookmaking, narcotics trafficking, or legitimate more people engaged in crime" at one end of the business investments will have a distinct advan­ spectrum and elaborate definitions that describe tage over those who lack such skill. complex organizational structures that are similar By applying these assets to new and emerging to, if not identical with, General Motors (Cressey, criminal groups, we may be in a better position

43 44 FEDERAL PROBATION December 1990

to gauge, with some degree of specificity and Guerrilla Family, which was not organized crime credibility, the likelihood of these groups posing a in the pure sense of the term, but rather a politi­ real, vis-a-vis perceived, threat. cal extremist group. This occurred despite the fact that Leroy "Nicky" Barnes, a notorious black Super-Imposing the La Cosa Nostra Model gangster in the seventies, testified before this In 1967, the late President Lyndon B. Johnson Commission, outlining what was clearly an Mri­ commissioned a task force on organized crime. can-American crime syndicate. This omission With the assistance of four credible research­ (among others) prompted 10 of the 19 Commis­ ers-John Gardiner, G. Robert Blakey, Thomas sioners to state, "The Commission. . .has failed to Schelling, and the late Donald Cressey-a report address the roles of American black and Jewish was issued which was both visionary and illustra­ organizations in organized crime" (President's tive of the implications and consequences of or­ Commission on Organized Crime, 1985, 1986, pp. ganized crime on the body politic of society (Task 79, 177).2 Force Report: Organized Crime, 1967). It remains One of the few to address the issue of Mri­ the classic piece on organized crime and will be can-Americans and crime is City Police recognized as such for decades. This report said Commissioner Lee Brown. Brown (1988) ad­ nothing whatsoever about other forms of organ­ dressed this volatile issue of street crime and ized crime, focusing primarily on Italian-American drugs in the Mrican-American community. Unfor­ organ:i.zed crime. It did discuss organized crime tunately, Brown makes no connection between from a broader theoretical perspective, however. Mrican-American criminal syndicates, drugs, and In 1976, the National Advisory Committee on street crime. This apparent inability to see or­ Criminal Justice Standards and Goals examined, ganized crime from a broader, more comprehen­ once again, the issue of organized crime. This sive perspective has in fact blinded us to the body of authorities on organized crime attempted variations and diversities that characterize the to shift the focus of organized crime from La underworld. This situation may be analogous to Cosa N ostra (LCN) but was regrettably unsuc­ earlier refusals to accept La Cosa N ostra, despite cessful. According to the Advisory Committee, the evidence amassed to the contrary (Powers, 1987; Schlessinger, 1978). Organized crime is not synonymous with the Mafia or La Cosa Nostra... The Mafia image is a common stereotype of organized crime members. Although a number of families of What Should We Have Known? La Cosa Nostra are an important component of organized crime operations, they do not enjoy a monopoly on under­ One need only research the literature to reach world activities. Today, a variety of groups is engaged in the conclusion that Smith did in 1971: There is organized criminal activity (National Advisory Committee, p.8). more to organized crime than La Cosa Nostra (Smith, 1971). Short of spending millions of dol­ The report, however, fails to describe these lars, an investment of time at a library would be groups, nor does it make any attempt to address a most prudent course of action. For example, the unique qualities of these other criminal HaUer, a most respected historian on organized groups. crime, had devoted considerable research to ethnic In 1983, former President Reagan, in what was specialization and organized crime (Haller, to be a region by region analysis of organized 1971-72). In addressing the issue of blacks and crime, announced the formation of a Commission, organized crime, Haller stated, headed by Judge Irving Kaufman, a distinguished member of the Second Circuit Court of Appeals There has, in fact, long been a close relationship of vice activities and Negro life in the cities ... In the operation of and the judge who tried the attendees of the now entertainment facilities and policy rackets, black entrepre­ infamous Appalachian Conference in New York. neurs found their major outlet and black politicians found Kaufman and the majority of this Commission their chief support (Haller; p. 221), remained at odds throughout the 3 years of the Lasswell and McKenna, in what was a pioneer­ Commission's existence, issuing a final report that ing study into the rackets in New York, provided was ultimately rejected by 10 of the 19 remaining the 1983 Commission with what was certainly a Commissioners. While this Commission made probative document on black criminal syndicates some respectable inroads into areas of organized (Lasswell & McKenna, 1972). They concluded that crime that were heretofore ignored (e.g., corrupt next to the Federal government, numbers, an attorneys and labor unions, money laundering, activity in which black syndicates were principal­ Colombian networks), it too failed to address Mri­ ly involved, was the largest employer in Bed­ can-American organized crime in any substantive ford-Stuyvesant (New York). This study was con­ degree. The final report did refer to the Black ducted 11 years prior to the 1983 Organized AFRICAN-AMERICAN ORGANIZED CRIME 45

Crime Commission, and 4 years before the 1976 to "the ." This ultimately resulted, in part, in Advisory Committee Report, yet it was cited in a major race riot in 1967, as not only were legit­ neither. imate opportunities blocked for blacks, illegit­ In 1983, the Police, in testimo­ imate opportunities were as well (Lilley, 1968; ny before the Senate Judiciary Committee tes­ Short, 1984). tified, Today, numbers is a declining source of rela­ tively safe revenue to black gambling syndicates. The American blacks have been employed within the Italian organized crime structure primarily at the lower levels of State lotteries are effectively competing with the gambling operations in the inner-city areas. . .Many law scarce, but nonetheless always available, gambling enforcement agencies have come to recognize that black dollar in the black community. We are witness­ organized crime is growing into .'1 distinct, clearly definable structure that must be dealt with in those terms (Senate ing, however, a shift from gambling to narcot­ Judiciary Committee, JUly 1983, pp. 18-19). ics-a far more lucrative, albeit risky, racket. The numbers racket was, of course, invented and controlled by the blacks after World War I Contemporary Black Criminal Networks (Haller, 1971; Light, 1977). Blacks maintained a In an earlier article, a point was made of the predominant position in the gambling rackets, fact that African-Americans have used kinship as clearly superior to La Cosa N ostra (LCN). This an organizing theme (Martens and Longfellow, was supported by a "made" member of the Phila­ 1982, pp. 3-8). This point was in direct refutation delphia LCN Family, who acknowledged that in of Ianni (1974) who concluded, "Among the itali­ 1929, when he initially began booking numbers in an-Americans in organized crime these links were , he turned in his "action" to a black formed by the family and kinship system that "banker" from Camden, (H-79 Inter­ dominate the culture. . .Among blacks and His­ view). In 1939, the policy rackets in Chicago's panics the family seems less important" (p. 312). southside were estimated to be an $18 million a With respect to kinship, it is of interest to note year industry, employing 5,000 blacks. The stories that Leroy "Nicky" Barnes refers to an "oath of or legends of the late Madame St. Clair, Edward brotherhood" in testimony before the 1983 Presi­ P. Jones, James Tooley, William ''Woogie'' Harris, dent's Crime Commission concerning a council of and others clearly demonstrate the control of high level drug dealers (1983 Commission, pp. gambling exercised by black criminal syndicates, 194-244). The Jeffers narcotics organization (1972) most of which were relied upon by political can­ is referred to as "The Family" (Rudolph, p. 1); didates for contributions as well as protection and there is Bartlett's Philadelphia based "Fami­ (Hardy, 1986). ly." This is complemented by the term "Black Mter World War II, the picture changed dra­ Mafia" coined in Philadelphia in the early seven­ matically. Jewish and Italian racketeers began to ties (The Inquirer, September 17, 1974, p. 1); the control the numbers rackets, using the police organization headed by , ''The Coun­ through corrupt politicians to raid black gambling try Boys," a family in the blood-relative sense of operations. Extortionate demands were made of the word (Taplin, 1975); and of course the emer­ black racketeers, who ultimately succumbed to gence of an organization known as the Junior the political superiority of white racketeers. This Black Mafia (JBM) in Philadelphia, suggesting a situation manifested itself in a speech by the late kinship relationship among its members analo­ Representative Adam Clayton Powell (who repre­ gous to Cosa Nostra, but perhaps not as powerful sented ) alleging that police were being (e.g., junior). This desire to establish kinship as a used to aid the Italian-American crime syndicates bonding agent among these black criminal org:ani­ in monopolizing the independent black lottery zations is, of course, a technique used to instill operations. Powell concluded that the police were loyalty and bonding among the members which targeting independent black rackets. He argued transgress routine and ordinary associations. It is that "the Negro [should have] the same chance as not at all different from other legitimate groups, the Italian" in the numbers racket (Powell, p. 9). who often refer to themselves as brothers-frater­ Newark, New Jersey was of course another nal, police, religious and union groups. It ensures, illustrative example. There, the late Mayor of to the extent possible today, that a common bond Newark, Hugh Addonizzio, was owned by LCN unites the group, one based not only on a com­ caporegime Ruggiero Boiardo. Boiardo was able to mon goal, but more importantly, a blood tie or maintain a virtual monopoly over the numbers kinship relationship. rackets in Newark, using the corrupt police to What is of further interest in attempting to make raids on those who refused to pay "tribute" explore the theme of kinship or family is the 46 FEDERAL PROBATION December 1990 number of successful .African-American racketeers vis-a-vis the system. Thus, success as measured that were born in the South and organized their in American society by wealth was a result of enterprises around the family. For example, Ro­ one's individual initiative, creativity, and energy. land "Pops" Bartlett, a trafficker who This can be best illustrated in an interview with headed a heroin distribution network referred to a 79-year-old black policy boss from Paterson, as "The Family" and a successor to Tyrone Pal­ New Jersey, who too was born in Georgia. mer's "Black Mafia," was born in Georgia (Capa­ Well, a kid in the south, he lives with his mother. She's rella, 1987). Frank Lucas and his brothers, Ver­ home, she feeds him, she shows him how to fry eggs, how non Lee, Lee Van, Larry, and Ezell, were born in to boil water. She shows him everything a home should have. The average kid ill the north, he's too busy in the (Taplin, 1975); Frank Moten, a street, finding out what's happening. So he don't learn. Half premier policy racketeer and loanshark, who was the guys can't fry eggs. . .In the south, you count the ones who don't go to church. In the north, you count the ones termed "The Black Godfather" by his criminal that do go. That's the difference !:letween the north and the organization, was born in Thomasville, Georgia south. (Moten, 1977); the legendary Frank Matthews, a He further articulated the values that were in­ fugitive from justice, was born in Durham, North stilled in him as he was growing up in the Carolina; and of course, the Chambers Brothers North, careful to point out that these values were organization (e.g., Billie Jo, Larry, Otis, and Wil­ those of his parents (who were raised in the lie Lee Chambers) originated in Marianna, Arkan­ South). sas, and established a quite sophisticated drug I grew up in Englewood (New Jersey). We moved there network in , Michigan (Wilkerson, pp. 1, when I was four years old. I moved in a white neighbor­ 42). This common birthplace and the cultural hood, all Italians. Those same people are living there today. mores of the South may be significant in several And if I went down the street and met Mrs. Gulliane, Mrs. Pecki, Mrs. Oovini (phonetic), I had to say good morning or respects. they would slap me behind the head. At night, at nine, ten, First, the notion of kinship as put forth by or eleven o'clock, and you were out and one of them asked you where you were going, son, : m'd better tell them. Ianni (1972, 1974) was perhaps no less stronger Today, the kid is never wrong. We got kids here in Pater­ in the agrarian South than it was in southern son, nine and ten that never have been in school a day Italy, or in the Italian-American culture. Said (0-47, 1981). differently, the black family in the South was just Hence, the notion of family and kinship among that, a family based on both an extensive the southern-born or bred black may suggest an extended family structure and a very tightly or­ organizational motif around which both legitimate ganized nuclear family. Oblinger (1978) seems to and illegitimate networks are born, nurtured, and re-enforce this conclusion, perpetuated. From our findings, we get the feeling that what gave par­ ticular strength, endurance and shape to black culture and Loansharking and Legitimate Business the feeling of community were the kin networks. Especially important were long-term obligations and reciprocal rela­ There is an inexplicable relationship between a tionships in southern based communities based on these kin networks. I would even go so far as to say that there was mastery of gambling, loansharking, and legitimate an absolute interdependence [emphasis his] with kin when it business entrepreneurship among the traditional came to feeding, clothing and sheltering families (p. 22). African-American racketeers. Light was certainly The organization of many of these black crimi- attuned to this relationship, stating, "in many nal networks relied upon the family unit as the cases, numbers gamblers and loansharks are the bonding agent. same individual. .. [and] have been the largest Second, the southern Mrican-American has a investors in black-owned business or ghetto real rich history in the organization of people to estate and the chief source of business capital in achieve a common goal. Organization among the ghetto real estate and the chief source of blacks in the South can best be illustrated by the business capital in the ghetto (Light, 1977, p. civil rights movement, which was a southern-born 898). and southern-based movement. It demonstrated In an analysis of 54 major black racketeers in quite vividly the ability of African-Americans to the New York metropolitan area, the following organize. This organizational ability was uniquely findings emerged: related to the southern experience, which relied upon both church and family to create a move­ • Legitimate investment in businesses were ment that changed the course of a nation. noted in the case of 84 percent of the viola­ Lastly, the rural work ethic, indicative of the tors mentioned. southern culture, stressed individual initiative • Business investment included restaurants, and essentially attributed failur€ to the individual delicatessens, car washes, nightclubs, racing AFRICAN-AMERICAN ORGANIZED CRIME 47

shops, automobile leasing companies, community. Successfully prosecuting and incapaci­ sporting goods stores, towing ships, liquor tating Price, while certainly a necessary and stores, record shops, cab services, social worthwhile goal, would not alter the demands clubs, cleaners, laundromats, stationery that must be met and aren't by legitimate insti­ stores, grocery stores, and apartments. tutions ( Crime Commission, 1988). It becomes readily apparent to those who have access to the intelligence files of African-American Differences Between Criminal Enterprises racketeers that investment in legitimate business There is an underlying belief among some in is an essential part of their illicit operations. The law enforcement and the research community that concept of individual entrepreneurship and owner­ African-Americans lack the necessary assets to ship, sometimes using "fronts," is not at all alien organize crime. Italian-Americans clearly pos­ to the Mrican-American experience, particularly sessed these assets, as did the Jewish before when contrasted with their past exclusion from them, and the Chinese and Colombians which government and certain sectors of the legitimate have followed, these critics would argue. For economy. The "mom and pop" store, the local example, the organizational structures of Mrican­ "watering hole," or the various service business American enterprises do not exist distinct from that populated our black urban neighborhoods the criminal activity they are engaged in. La spoke well for the entrepreneurship of African­ Cosa N ostra or the Bamboo Gang exist distinct Americans. The case of Willie Price, an Mrican­ from the criminal activities. Nor do they see the American racketeer, according to the Pennsyl­ investment in legitimate business as extensive vania Crime Commission, is illustrative of this and pervasive as that found with members of La point. Cosa Nostra or Japanese Yukuza. And certainly Willie Price, 56, is a racketeer in Chester, corruption of the police and political institutions Pennsylvania, a small community in southeastern is nowhere as endemic as that found by Italian­ Pennsylvania. He was a boxer; had been involved American crime syndicates. Inevitably, the com­ in the killing of a black Muslim, who he claimed parison is made to crime syndicates that have had broken into his home; and was involved in a their roots in centuries of tradition and culture, small grocery business, in which he conducted his cultures that encouraged the emergence of secr~t gambling and loansharking operations. He also societies. The African-American experience is financed his cousins, Philip and Warner Brooks, certainly far different, making for a different in narcotics operations. A local folk hero, Price organizing motif. Furthermore, while we seem to provided loans to local residents and workers at be fixated to these bureaucratically and rigidly the local Penn Ship Yard. He "bankrolled" enter­ structured organizational models that may be prising businesses in Chester and maintained a more fancy than fact, there is credible research business partnership in a video poker and vend­ that challenges the rigidity of these views (and ing company with Joseph Iacona. Iacona was a structures) (Haller, 1990; Chin, 1990; Reuter, close associate with Santo Idone, a "capo" in the 1983; Block, 1980; Chambliss, 1978; Albini, 1971; Bruno/Scarfo LCN Family, who also maintained a Smith, 1975). gambling operation in Chester. Iacona was also in Thl~re has been little credible research conduct­ a business relationship with the former mayor of ed on the differences that exist within what are Chester, John Nacrelli, a convicted racketeer. The perceived as relatively homogeneous criminal relationship of Price with both the political struc­ syndicates, such as Yukuza or La Cos a Nostra, ture and the black community in Chester allowed and other criminal enterprises. We know so little him to exercise his power and influence in the about the organization of Colombian, Vietnamese, illegitimate economy of Chester with no inter­ Chinese, or Cuban criminal enterprises that com­ ference whatsoever from law enforcement. Price parisons and analyses are relatively meaningless. cleverly and skillfully built an enterprise that Even within Cosa Nostra, virtually every family afforded him community support and protection is modeled andlor operates differently, with local by reinvesting in the community. He represents a exigencies often affecting both the model and the classic example of how African-American rack­ methodes). La Cosa N ostra, the evidence seems to eteers, much like their white counterparts, are support, is not homogeneous in its structure or able to apply business and organizational skills to operations. Geographic differences and variations the management of a criminal enterprise. Price do exist. also illustrates how "the rackets" are integrated Mrican-American criminal enterprises, many of into the social, political, and economic fabric of a which can trace their roots to the early numbers 48 FEDERAL PROBATION December 1990 and policy rackets, represent the organization of Prostitution rackets, loansharking, and fencing crime. The organizing assets are clearly present: are equally as worthy of inquiry, for again we violence will be used when appropriate; corruption will uncover arrangements and accommodations exists and is usually systemic; a mastery of this between and among African-American racketeers skill is clearly evident; and there is access to that mirror what Haller (1990) and others are financial resources, albeit the loanshark. These increasingly finding in studying La Cosa Nostra: enterprises may "layoff' to "mob-affiliated" or criminal partnerships, in which the organization controlled banks, but they can, and often do, re­ is often less important than the personal charis­ main independent, so long as "political muscle" is ma of its leader or the money-making skills of not necessary. If "tribute" is exacted by Cosa the members. Nostra members, it is usually for "political mus­ African-Americans have a rich and compelling cle," a factor that is becoming less and less im­ history, of which "the rackets" are a part-but portant today than in the past. While formal certainly not the overriding part. Our historical positions as "consigliere," "caporegime," and "sol­ treatment of organized crime has been one of dier" do not dominate the lexicon of the Mclcan­ denial, skepticism, mystification, acceptance, and American racketeer, there is little doubt among over-reaction. Organized crime was perceived in these racketeers who exercises what power-in its early years as nothing more than Italians other words, who can get what done. These more killing andlor extorting Italians. When it was stable and relatively safe "investments" in gamb­ finally acknowledged-some 40 years later-it was ling are, of course, yielding to a new and relative­ entrenched in the economic, political, and social ly risky source of revenue-drugs. Here we are fabric of society. It was seen as the only form of seeing criminal enterprises, some of which use organized crime, and the hysteria which followed family members and relatives and many of which while perhaps cathartic, was no less damaging to do not, reshaping the African-American racketeers the Italian-American culture. Unfortunately, and landscape. The type of person attracted to this regrettably, history is being repeated. market may be, and usually is, quite different from those who entered the numbers rackets. He A Cautionary Concern (or she) is likely to be younger, less mature, and The recent conviction and sentencing of former more willing to resort to violence. Systemic ave­ Washington, DC mayor, Marion Barry, brought to nues for corruption are less developed, and the the forefront an issue that underlies our notions likelihood of a successful prosecution are en­ of justice in American society. The use of the hanced by the nature of the business (e.g., highly criminal law as an oppressor of African-American visible), the immaturity of the participants, and, (and minority) interests has taken currency in the of course, the expanding use of a law, R.LC.O. last decade. There is certainly a perception, and (Racketeer Influenced and Corrupt Organizations). some would argue undeniable evidence, that Afri­ Thus, Mclcan-American racketeers involved in the can-Americans suffer the effects of the criminal drug trade are certainly more vulnerable but law disproportionate to other etniclracial groups quite successful, providing success is measured in (Safire, 1990; Rohter, 1990; Zuckerman, 1990; relatively large amounts of cash being generated Krauthammer, 1990; West, 1990; Sunday Star over relatively short periods of time, at a young Ledger, 1990.). Accenting and distinguishing Afri­ age. Certainly Leroy "Nicky" Barnes, a multi-mil­ can-American organized crime from other forms of lionaire at the age of 40 (and who happened to organized crime only serves to advance the nega­ be on the cover of Magazine tive stereotypes and images that are currently [June 5, 1978]-a right reserved for only the rich portrayed by the media, law enforcement, and the or famous), Tyrone Palmer, a millionaire at 24 larger society in general. This is certainly a real (Faso, p. 3), and Garland Jeffers, who at 25 concern, and its implications are quite serious in reaped in millions annually from heroin traffick­ terms of public policy. What then are the ing (Smothers, p. 12), represent that never-ending alternatives? Denial, conscious neglect, distortions, legion of Mclcan-American racketeers who sought all of which will result in ill-founded public a way out of the "chains of poverty" (Freeman, policy? Or creating a meaningful and accurate 1986; Hughes, 1988; Jaynes, 1989). These crimi­ understanding of organized crime in the nal entrepreneurs, who were in fact "bosses" of African-American community, which may begin to large narcotics enterprises, certainly represent a tell us something important about creating legiti­ form of organized crime that has lacked any sys­ mate incentives to a rapidly increasing dis­ tematic, careful examination. enfranchised segment of society? Might we learn AFRICAN-AMERICAN ORGANIZED CRIME 49 important lessons about organizing and mobilizing Dintino, J.J. & Martens, F.T. (1981). The process of elimina­ tion. Federal Probation, 45(2), 26-31. African-American communities, many of which are Faso, F., & Meskil, P. (1974, June 10 & 14). The New Mafia: plagued with predatory crimes, by studying the Dope dealing Fat Tyrone was rich and dead at 24. Daily organization of the rackets in the black communi­ News (NY). Ferretti, F. (1977, June 5). Mister Untouchable. The New York ty? Might we shed racist and ethnic prejudicial Times Magazine, p. 15. beliefs by recognizing the important and some­ Freeman, R.B., & Holzer, H.J. (1986). The black youth em­ times pivotal role plays in social ployment crisis. Chicago: University of Chicago Press. Fried, A. (1980). The rise and fall of the Jewish gangster. New mobility, assimilation, and legitimacy in American York: Holt, Rinehart Publishing. society? Is it not intellectually dishonest to con­ Furstenberg, M. (1969). Violence and organized crime. Crimes of Violence. Staff Report. Washington, DC: U.S. Govern­ sciously ignore and disregard the functional role ment Printing Office. of the racketeer whether he or she be Asian, Haller, M.H. (1971-72, Winter). Organized crime in urban Italian, etc., in the economic, political, and social society: Chicago in the twentieth century. Journal of Social History. New Brunswick: Transaction Press. lives of the disenfranchised in our society? And Haller, M.H. (1990). Illegal enterprise: A theoretical and might not government be more responsive to historical interpretation. Criminology, 28(2). addressing the incentives needed if we are to Hardy, C. (1986, February). Vice, crime and violence during the era of the great migration (First Draft). Unpublished respond affirmatively and intelligently to the Paper, Temple University (Philadelphia), Department of His­ spiraling disaffection of young African-Americans? tory. Does not the inability and/or unwillingness of Hughes, M.A. (1988). Poverty in America's cities. Washington, DC: National League of Cities. government to recognize what is a well-known Ianni, A.F.J. (1972). A family business. New York: Russell phenomenon in the Mrican-American community Sage Foundation. Ianni, A.F.J. (1974). Black Mafia. New York: Simon and only serve to reinforce the omnipotent power and Schuster. aura of organized crime? Jaynes, G. (1989). A common destiny: Blacks in American Cynicism in government does nothing more society. Washington, DC: National Research Council. Kaplan, D.E., & Dubro, A. (1986). . Menlo Park, CA: than alienate an already disenfranchised segment Addison-Wesley Publishing Co. of society. When racketeers serve as role models Krauthammer, C. (1990, July 23). The black rejectionist. Time. for youth; when hard-working, legitimate mem­ Lasswell, H., & McKenna, J. (1972). Organized crime in an inner community. Springfi.eld, VA: National Technical Infor­ bers of society are witness to the social, economic, mation Service. and political mobility of racketeers; and when Leary, W.E. (1990, September 25). Uneasy doctors add race­ government ignores and dismisses the reality of consciousness to diagnostic tools. The New York Times, pp. C 1, C 10. organized crime, regardless of its origins, the Light, I. (1977, December). Numbers gambling among blacks: message is clear: money buys dignity. A financial institution. American Sociological Review, 42. Lilley, R. (1968). A report on the civil disorders in New Jer­ sey. Trenton, NJ: State of New Jersey. NOTES Maltz, M.D. (1990). Measuring the effectiveness of organized crime control efforts. Chicago: University of Illinois. lEthnicity/race has become a recognized variable in treating Martens, F.T., & Longfellow, C.M. (1982). Shadows of sub­ illness. As Dr. Robert Murray of Howard University recently stance: Organized crime reconsidered. Federal Probation, stated, ''the idea of emphasizing ethnicity in medicine came up 46(4), 3-9. before. . .but it was downplayed because some felt the racial Martens, F.T., & Niederer, M.C. (1985). Media magic, mafia climate was too charged... Now people are beginning to say mania. Federal Probation, 49(2), 60-68. we have to address this because you get better results with Moore, M. (1987). Major issues in organized crime. Washing­ your patients if you do (Leary, p. C 1)." Does not the same ton, DC: National Institute of Justice. analogy apply to our study of organized crime, the origins of Moten, F. (1977, January 22). N.J. drug dealer gets 25 years. which are traceable c1Jrectly to culture? Paterson Evening News, p. 6. 'The Commission also ignored Jewish organized crime de­ National Advisory Committee on Criminal Justice Standards spite a book on this very topic written in 1980, 3 years before and Goals. (1976). Organized crime. Washington, DC: U.S. the Commission began its work (Fried, 1980). Government Printing Office. Oblinger, C. (1978). Interviewing the people of Pennsylvania. Harrisburg, PA: Pennsylvania Historical and Museum Com­ REFERENCES mission. Ohlin L., & Cloward, R. (1960). Delinquency and opportunity. Albini, J. (1971). The : Genesis of a legend. New York: Free Press. New York: Appleton-Century-Crofts. Pattern of racial ''harassment'' seen in prosecutions of black Blakey, G.R., & Billings, R. (1981). The plot to kill the Presi­ politicians. (1990, September 2). Newark Star Ledger, p. 30. dent. New York: Times Books. Pennsylvania Crime Commission. (1988). Racketeering in Block, A. (1980). East Side, West Side. Cardiff, Wales: Univer­ Chester, Pa. Conshohocken, PA: Pennsylvania Crime Com­ sity College Press. mission. Brown, L.P. (1988). Crime in the black community. State of Permanent Subcommittee on Investigations (1988, April 11, Black America. New York: National Urban League. 15, 21, 22, 29). Organized crime: 25 years after Valachi. Caparella, K. (1987, March 17). The big one: Raids crack Washington, DC: U.S. Government Printing Office. Roland Bartlett's drug empire. Philadelphia Daily News. Powell, A.C. (1960, January 4). Powell angry over arrests. Chambliss, W. (1978). On the take. Bloomington, IN: Univer­ New York Times, p. 9. sity of Indiana Press. Powers, R.G. (1987). Secrecy and power: The life of J. Edgar Chin, K. (1990). Chinese subculture and criminality. New Hoover. New York: The Free Press. York: Greenwood Press. President's Commission on Law Enforcement and Administra- 50 FEDERAL PROBATION December 1990

tion of Justice. (1967). Task force report: Organized crime. important to understand about organized crime than Cosa Washington, DC: U.S. Government Printing Office. Nostra. University of Florida Law Review, 24(1). President's Commission on Organized Crime. (1985, February). Smith, D.C., Jr. (1975). The Mafia mystique. New York: Basic Organized crime and heroin trafficking. Washington, DC: Books. U.S. Government Printing Office. Smothers, D. (1972, December 4). Gary, Indiana, the family, President's Commission on Organized Crime. (1986, April). , and the present hush. Paterson Evening The impact: Organized crime today. Washington, DC: U.S. News, p. 15. Government Printing Office. Taplin, C.R. (1975). Lucas family troubles. The Sunday Bergen Reuter, P. (1983). Disorganized crime. Cambridge: MIT Press. Record, p. 1. Rohter, L. (1990, July 13). Black panelist at N.A.A.C.P. ses­ Task force report: Organized crime. (1967). Washington, DC: sion accuses studios of Jewish racism. New York Times, C5. U.S. Government Printing Office. Rudolph, R. (1988). W. Orange man held without bail as lead­ West, D. (1990, June 18). Harsh judgment of black racism. er of large Jersey drug ring. Newark Star Ledger, p. 1. Insight. Safire, W. (1990, August 14). Unequal justice. New York Wilkerson, 1. (1988, December 18). Detroit drug empire Times, A21. showed all the traits of big business. New York Times. pp. Schlesinger, A.M. (1978). Robert Kennedy and his times. New i,42. York: Ballentine Books. Zuckerman, M.B. (1990, June 4). Mentioning the unmention­ Sena~a Judiciary Committee. U.S. Congress. (1983, July 3). able. U.S. News and World Report. Organized crime in the Northeast. Interview of Confidential Source C-47. (1981, October). Short, M. (1984). Crime Inc. London: Thames Methuen. Paterson, New Jersey. Short, M. (1989). Inside the brotherhood. London: Grafton Interview of Confidential Source H-79. (1989, July). Pennsyl­ Books. vania. Smith, D.C., Jr. (1971, Fall). Some things that may be more