Journal of Crimmal Ju.~ce. Vol. 12. pp. 62Y-635 (IYM) Pergamon Press. Printed in U.S.A.

0047-2352/X4 $3.0() + .MJ Copyright 0 lYX4 Pcrgamon Press Ltd.

CURRENT PUBLICATIONS ABSTRACTS

Katherine Hayes

Organized Crime: Crime Control Liberties by Robert P. Rhodes.

vs. Civil

Random House (201 East 50th Street, New York, New York 30022), 1984, 275 pp., softcover-$1 1.95.

This book examines three interrelated topics: the nature and seriousness of orga- nized crime, organized-crime control meth- ods and policies, and the consequences for civil liberties of these methods and policies. It is designed for use as a text in classes both on organized crime and on civil liberties.

A critical problem in crime control is the collection of evidence and intelligence. Witnesses in organized crime cases are often criminal conspirators themselves- gamblers, addicts, businessmen engaged in illegal practices. Often both principals and victims in a case are intimidated, even killed. before they can testify. In order to gather sufficient evidence, investigators must often use very controversial legal weapons-for example. special grand juries, grants of immunity, easy-to-use per- jury and contempt sanctions, and, espe- cially. electronic surveillance. Investigators also assume unconventional roles, such as developing networks of informants; acting as undercover agents; initiating surveil- lance before the commission of a crime, in order to catch criminals in the act; and investigating private bank accounts and tax returns.

Students of constitutional history will

readily comprehend the dangers for political liberty represented by these crime-control techniques. Yet organized crime itself threatens the political and economic proc- esses that sustain civil liberty. If organized crime is not a danger to liberty, then the instruments of evidence collection are. If organized crime is a danger, these same instruments appear necessary.

Rhodes attempts to unravel the elements of this conundrum in nine chapters. Follow- ing the introduction, Chapters 2 and 3 review various perceptions of organized crime and its causes. Organized crime is defined in terms of organization and social setting, and its development from 1950- 1970 is summarized. Included in the discus- sion is an analysis of the influence of organized crime on the political process, and its penetration into business. The rela- tionship between white-collar crime and organized crime is considered.

Chapter 4 examines the failure of the criminal justice system to control organized crime in terms of intelligence, timing, coor- dination, and local, state, and federal juris- diction. The following four chapters explore various ways in which organized crime can be controlled, and evaluate these methods in terms of the degree to which they infringe on civil liberties. The concluding chapter speculates on the future of organized crime, using the ABSCAM investigation as an indicative example. Notes conclude each chapter. and an index is provided.

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