Combatting International Organized Crime - Essay Example

?A definition of organised crime according to the (The Home Office, pp.6) “Organised crime is defined as “individuals, normally working with others, with the capacity and capability to commit series crime on a continuing bases, which includes elements of planning, control and coordination and benefits those involved”. Most organised crime, such as child sexual exploitation, has specific incentives”, but money is the common denominator and drive force in most crimes. In countries governed by the rule of law, the essential tactics for combating these syndicates are similar; with a focus on intelligence gathering. Times have changed since 1829 when the so called ‘new Police’ were first established. (Hughes, 2002, p102) suggests that “increased presence of Police Officers on patrol and in the public eye has been key to helping prevent crime. This has been characterised as the scarecrow method, deterring offenders”. These days the sight of a policeman in uniform by itself is insufficient, and debate on the full spectrum of police duties is ongoing. The first instruction book of the Metropolitan Police indicated that “every effort of the police” was to be directed at the prevention of crime (Newburn, 2007, p602). (Europol, 2011. pp. 1 - 4) indicated that due to the changes in the criminal landscape, it required changes in law enforcement skill sets, including an awareness of white-collar, and cybercrime. To combat international organised crime (Wright, 2006, p.188) suggests “that investigating organised crime by means of ‘proactive’ intelligence-led strategies has long been the key to dealing with the problem”. Police actions’ against tackling organised crime has been characterised for many years, this by means of proactive policing using spotters, informants, carrying out sting operations and through surveillance, (Stelfox, 2009, p.20) suggests “that using criminal investigation as a means of disrupting criminal activity, rather that bringing offenders to justice has been advocated by those engaged in counter terrorism work and the investigation of organised crime”. Policing has had to change in recent years with pressures on achieving targets for solving various crimes, (Matthews, 2002, p.111) argued that the old way of policing after a crime was committed was to target the known offenders, question them prior to new lines of investigation. Modern thinking seeks to propel investigators one step ahead of criminals. Over the last thirty years or so there has been a politicisation of policing there has been a shift from traditional policing in England and Wales, for example the creation by the Series Organised Crime and Police Act 2005 of the Organised Crime Agency (SOCA), that became operational in 2006. (Newburn, Williamson and Wright, 2007, p.33)believe it was clear that the London bombings of July 2005 helped with getting this through parliament. Increased scrutiny of the police has encouraged differentiation and specialisation in the interest of combating organised crime. (Lyman and Potter, 2000. pp112) suggested that these organised crime groups had various dimensions or attributes and structure. These groups are: • ?“Are non-ideological” • ?“Are hierarchical” • ?“Have a limited membership” • ?“Are self-perpetuating” • ?“Use illegal violence and/or bribery” • ?“Demonstrate a specific division of labour” • ?“Are monopolistic” • ?“Are governed by explicit rules and regulation” We know a great deal of the structure of organised crime, what has emerged from the police having to develop new strategies of investigation is a painted stereotypical picture of detective work. (Newman, Williamson and Wright, 2007, p.203) agreed that concern was mounting about the increasing sophisticated methods used by criminals involved in serious crime. (Maguire and John, 2006) suggests that “the typical popular portrayal of such work contains the following six assumptions”: • ?“It is ‘reactive” • ?“It is focused on an offence which has already committed” • ?“The offence which is being investigated is clear from the start” • ?“The enquiries are aimed to uncover the truth about what happened” • ?“It is carried out by (CID) officers” • ?“The main investigation skills lie in discovering and interpreting clues to find the offender(s)” Prior patterns of reactive investigation have been reevaluated in light of the need to proactively hunt down actionable evidence to convict the guilty party. (Maguire, Morgan and Reiner, 2007 pp.931-932) believes that the so called Intelligence lead policing approach functions can be more effective and performed more efficiency and effectively through greater stimulation of resources and use of intelligence. The vast majority of investigative work is suspect orientated; involving the collection of evidence but it also incorporates surveillance. (Stelfox, 2009, p148) argues that with persistent or serious offenders then gathering evidence to connect suspects to the criminal activity is usually through covert techniques such as surveillance. This leads onto the big picture of investigation and what type of investigation will ensure the criminals who are organised, are caught and convicted with solid evidence, not only perpetrators but the people organising the crime. Investigative activity that could create solid evidence could have been proactive rather than reactive. (Newman, Williamson and Wright, 2007, p431) agree that there have been many successful investigations and prosecutions of criminal offences involving the use of informants, and covert surveillance. Merseyside underwent a dramatic structural and organisation change affecting their proactive approach in 1991. (Police Reducing Crime Unit, 1999, p.15) “Believed that without these essential changes it would have proven difficult to establish and maintain a successful holistic approach”. There are two main issues that challenged its effectiveness, the first being a reduction in police budget therefore causing a knock effect with resourcing and ensuring quality standards or service were still achieved. Secondly, an increased use of guns in Merseyside was seen as a direct threat to both the police and public safety. (Police and Reducing Crime Unit, 1999, p.8) Drug activity and firearm use in Merseyside led to a recognized failure of purely reactive methods. This was similar to an observation by Weisburd and Eck, (2004, pp.43-60) where they argued that “the standard model of reactive policing was unable to contain the huge spike in crime that hit the USA starting in the mid 1960’s and manifesting itself in a failure of the criminal justice system in the 1970’s”. Merseyside Police needed an aggressive approach that struck at the root of the problem, regardless of cost; or else they would continue to bear the burden of impenetrable criminal networks controlling illegal activities through an upper-echelon of leadership immune from direct prosecution through prior, reactive strategies. (Police reducing crime unit, 1999) (Stelfox, 2009, p148) compares both models of investigation; he contrasts both the reactive and proactive approach: Reactive investigation, beginning with the report of discovery of a crime, focuses only on isolated specifics. But if that crime was ordered by a puppet-master not directly involved in illegal activities then Merseyside needed to infiltrate the operation; rather than simply clip the branches. It becomes essential to strike at the roots; this can only be achieved with a proactive strategy using intelligence gathering and infiltration to accumulate the evidence proving a criminal conspiracy. (Skogan, 1990). (Stelfox, 2009, p.148) confirms that Proactive investigations typically start with the identification through intelligence analysis of those who are suspected of committing the crimes, these are drug dealing, people trafficking and money laundering. Covert operations come into play to build a body of evidence, even through passive observation. (Stelfox, 2009, p.129) (Ruggiero, 1997, pp.27-38) suggests “that growing economies means an expansion of markets accompanied by a simultaneous expansion of crime”. He continues to suggest that “the structure of organisations and the culture of those who operate in them create an environment in which opportunities for misconduct constantly arise”. Thus the sophisticated of investigative strategies must expand as well. All three approaches of proactive, disruptive and reactive led policing have their uses. (Innes and Sheptycki, 2004, p.16) agrees that removal or neutralization of a key player a vital position is a cost-effective way of destructing the whole hierarchy. Such as the American strategy of targeting ‘Al Capone’ in the early 20th century, once it was recognized informally that he was the kingpin. But the only crime for which his culpability could be proven was tax evasion. (Police Crime Investigation, 2006) The combination of disruptive and proactive would be a joint approach of crime prevention. Joint approaches are also useful in combating modern human traffickers and other modern cartels. (Human Trafficking at the UN General assembly Convention in 2000) (Canadian law Enforcement,2005, p.15) suggests: • ?“Reactive investigation, victim led”. • ?“Proactive investigation, police led but intelligence generated”. • ?“Disruptive investigation, police led but only in situations where proactive or reactive is not possible”. Reactive investigations tend to be limited to a victim complaint, and treated largely as an isolated incident. (Gupta, 2008) A proactive investigation does not rely upon a complaint or testimony from a specific civilian witness. It is initiated by police, and thus lead by police – rather than arising as a consequence of a complaint regarding criminal activity. Police can begin through a variety of surveillance techniques, and intelligence tactics enabling them together understanding of, and evidence pertaining to a particular gang or organized crime syndicates. This has certain advantages in that the efforts of police are not dependent upon the reliability of witness testimony, at least in regards to the initial criminal complaint. (Gupta, 2008) The possibility exists that untrained civilian witnesses may provide uncertain identification, with respect to suspects. Untrained civilians may also forget crucial details, withhold or failed to notice certain facts germane to the investigation. When police must base their investigation upon a witness complaint these uncertainties could in certain cases result in misunderstandings, which could waste time and manpower if the civilian is not reliable in all details. When the police are responsible for gathering all the evidence, and when they can begin their investigation based on observations gathered by other police professionals, control over the investigation, and efficiency in terms of resource expenditure is improved. Here information is paramount, as police investigating a criminal organization must employ a wide diversity of information sources in order to complete the body of evidence necessary to thwart the syndicate. Gupta, (2008) lists five primary information sources essential for a proactive investigation: 1.) Individual sources, paid as well as unpaid informants. 2.) Institutional sources, regular meetings among allied precincts. 3.) Police database and records, routine dossiers, reports and complaints. 4.) Local media, television and print. 5.) Voluntary surveys. In terms of analysis, it is essential that law enforcement maintain community contacts, and information sources outside of official police channels, on the individual/local level. While information provided by untrained residents of an affected district may prove unreliable in terms of suspect identification, trained investigators could over time – cultivate local information sources that prove to be generally reliable. Institutional meetings between other officers should be standard routine to ensure that the most easily accessible information – that arising from other officers is fully and thoroughly disseminated. Police databases are perhaps the signature weapon of law enforcement, relying upon science and exhaustive recordkeeping of the sort that has raised the prestige of a forensic investigations. While database information is essential for identifying obscure, or deceased individuals human intelligence should nonetheless – not be neglected entirely in favor of the flashy technology that provides the most compelling evidence when the case reaches court. When other avenues of investigation sale, media sources can be used to generate new leads not possible through any other method. Cases involving especially photogenic victims, and crimes where a strong sense of danger to the public is likely can result in community cooperation, large-scale if the police make a public appeal for information. Here of course, the disadvantages are considerable and must be weighed carefully. Should a reward being offered for information fortune seekers and unreliable claimants will clog up phone lines with faulty leads. There may also be a danger of exhausting the public's goodwill, if immediate appeals are made too often. There may be a perception that the police are incompetent if they are forced to use this method to frequently. Still, if no other method yields tangible results that a public appeal may prove the best option. In some cases, voluntary surveys amongst government agencies could be helpful as a supplement to database information. Proactive, and reactive investigations may involve similarities. The primary distinguishing characteristic would be that a reactive investigation reflects a criminal act that was previously unknown to law enforcement, originating from a citizen complaint. As stated above, the initial claims made by that citizen must direct the initial phases of the investigation, and misrepresentation or misunderstanding of vital details can impede police efforts. But once begun, the essential process of information gathering is closely related. It's the database and media tools applicable to a proactive investigation must also be included here, with the addition of eyewitness identification and testimony. Riots in London and Birmingham involve traits from multiple investigation styles, and tools, and to all. Closed-circuit television images, as well as those from mobile phones became part of a larger media strategy to contain the situation and prosecute responsible parties. (Rees, J., 2011) A disruptive style is a tactic launched essentially as a means of interrupting, or disrupting a cycle of criminal activity. These often involve physical, deliberate raids and what might be termed "special drives" that make it difficult for criminals to operate within their established safehouses and common locales. These are strategies often forced criminals to relocate, or to adjust their shipment/delivery routes to avoid roadblocks, and other types of police interdiction. (Innes and Sheptycki ,2004, p.16) justify the use of these in fighting criminals. (Hobbs, 1998, pp407-422), argues that offenders are highly flexible, usually operating as individuals or with groups across local boundaries. The implication being that law enforcement cannot be effective without a degree of corresponding flexibility. This method has short term utility, in that it can shut down ongoing criminal enterprises through interference with daily operations, but is likely to be ineffective as a long-term strategy. Police raids of likely criminal venues will interrupt crime, but the criminals can simply relocate, and adjust their mod us operandi to continue their activities in methods that are harder to detect. Disruptive tactics could be useful as a means of narrowing down physical locations and routes that a criminal network can utilize in terms of trafficking, or shipping illicit merchandise. (Gupta, 2008) If smugglers must use one of two routes to cross a border, police could launch a raid, or establish a visible presence throughout one of those routes in order to compel criminals to choose the second path. In this manner, it might be possible to lay a trap for the members of a criminal enterprise by channeling their physical options towards alternatives wherein arrests, or evidence gathering is easier for the police; compelling offenders to reveal themselves. (Canadian law Enforcement,2005,p17) In terms of evidence gathering itself, disruptive investigations are of limited value, the act of raiding or blockading a physical location will alert criminals to police presence, and once their plans have been altered by necessity, specific information gathered through other means may become invalid. There is this is less about information gathering, and more about the interruption of functional operations where it is not possible to infiltrate or identify the most sensitive links in a criminal network. If an undercover operative fails to infiltrate the group, and if significant political pressure exists compelling police towards immediate action, then special drives could result in short-term decreases in crime, until the criminals reestablish themselves. But in the short-term, when victims are in immediate danger, disruptive techniques can save lives and maintain order. (Canadian law Enforcement, 2005, p16) (Wilson & Kelling, 1982, pp. 20-38). Other limitations of this method is would include the legal challenges of obtaining permissions to raid certain likely locations. The police may 'know' that the Warehouse on the waterfront is used by heroin smugglers, but without specific types of evidence gathered under circumstances that are legally permissible, the police may be denied permission to intrude on public property. This may limit their ability to drive out criminals in an overt way. Other alternatives might be increased and obvious uniformed patrols near areas where criminal activity is strongly suspected. (Innes and Sheptycki, 2004, pp.14-15) argues that there are other ways of disruption that can be used, an example of this is that the police have a suspect who they know is involved in organised criminal activity through intelligence led policing and they have tried a proactive approach to the problem without obtaining enough evidence to arrest the individual. After further research on the individual from government and police data bases revealed that this predominant person was picking up tickets for speeding and various parking offences. This person was involved in importations of all types of drugs, he had his own network for dealing with the drugs and passing on other stolen items from other criminal groups, none of which the police could prosecute him with. The traffic unit was made aware of this person and stopped the individual to check his documents on the pretext that his vehicle was smoking from his exhaust, unfortunately that person was uncooperative and lashed out at the police officer, he was dealt with for assault on a police officer and criminal damage to a police motor cycle and put away for three years. Therefore a main player in the criminal network was taken out of the organised crime arena through disruptive investigation and intelligence led research. (Innes and Sheptycki, 2004, pp.14-15) Another example of a disruptive technique would include a counterterrorism strategy utilized by the Home Office. In which the Home Secretary engaged in a more focused and targeted approach towards terrorism. Therefore the introduction of the “Terrorism Prevention and Investigation Measures Act’ or TPIM after the Royal Assent would provide a range of disruption measures. (Rees, J., 2011). The Home Secretary went on to say that the TPIM will allow the government to introduce various disruptive measures on individuals who at present cannot be deported or prosecuted: • ?“Requiring them to stay overnight at a special address” • ?“Requiring them to report to a police station on a daily basis” • ?“Excluding them from specific places and areas” • ?“Preventing them from contacting particular individuals” • ?“Prohibiting travel overseas” This will allow the police to follow a proactive investigation on the individuals. Gather vital information through other multi agency led intelligence including a trail of communication information. The riots in London and Birmingham are a prime example of all the main types of criminal investigation, gaining information from CCTV images, mobile phones and the public a proactive approach, reacting to the complaints from the media and the local community on the seriousness of the damage that was carried out. (Rees, J., 2011). Disrupting and identifying those people involved, in their homes and at work ensuring the media was showing each arrest to deter other people thinking that this type of crimes, do not pay. (Hagan, 2010, p.264) discusses the issue of in democratic societies; the government is expected not only to enforce the law but also in doing so to obey the law itself. Looking at crime investigation methods that are available to law enforcement authorities and their teams throughout the civilised world, it has emerged that it is rare that only one method of investigation will be used. It all depends on the type of crime, the reaction of the media and of the community to whether one method is used or a combination of all three. What is important is that, law enforcement teams need to be constantly trained and updated on the latest surveillance techniques particularly on cybercrime and that exchange of intelligence lead information between multi-agency groups is essential.       References. Europol, 2011. The Future of Organised Crime [pdf] Available at: https://www.europol.europa.eu/sites/default/files/epcc-organisedcrimeconclusions.pdf [Accessed 22 January 2012]. Gupta, A. 2008. Model Standard Operating Procedures for Police for Investigation of Cases of Human Trafficking. International Organisation for Migration. 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