US criminal policy and the fight against organized crime
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
We know that the greatest threat to law and order in the US is organized crime. Moreover, American society is now under pressure from transnational crime, as the United States, as the world’s “geopolitical player”, unable to dissociate itself from the external world. According to the basics of American criminal law, organized crime – is а form of crime, which is characterized by persistent criminal activity carried out by criminal organizations (organized groups, gangs, criminal association and similar illegal formations) that are hierarchical, material and financial base and relationship with the state, based on corruption mechanism. Obviously, the fight against organized groups of criminals election requires some basic tools implementing state penal policy. In this respect, the American specialists are three models to attack criminal groups: 1) model extrajudicial terror, which is characterized by failure of the criminal law and law in general; 2) the repressive model, characterized by the rule of law over politics and contempt for human rights; 3) humanistic model, in which crime is implemented holistic understanding, recognition of human rights as the highest social value, taking care of resocialization and so on. That analysis of these models fighting US state and society against organized crime deserves full attention, as appropriate American experience can serve for the development of criminal law policy of the Ukrainian state.
Authors and Affiliations
В. М. Господаренко
Keywords
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