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Underlying the current state of criminal justice in the United States, as William Stuntz argues in “The Collapse of American Criminal Justice” (2011), is the very broad discretion that federal prosecutors have in deciding charges and sentences, which is made possible by current federal criminal laws. As a result, federal prosecutors also have strong bargaining power in plea bargaining. This chapter discusses RICO, money laundering, the interception of communications, and undercover operations, as examples of such legislation. Among these laws, the substantive criminal statutes are highly technical, focused on criminal organizations and their financial bases, and designed to reduce the burden of proof on the prosecution. Along with such substantive laws, investigative tools have been developed to overcome the difficulties of investigating and prosecuting organized crime.

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Investigation of Organized Crime in the United States—Focusing on Federal Crime Investigations

  • 章节

  • 发表日期：

    2025年

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  • Michiaki Ozaki

摘要

Underlying the current state of criminal justice in the United States, as William Stuntz argues in “The Collapse of American Criminal Justice” (2011), is the very broad discretion that federal prosecutors have in deciding charges and sentences, which is made possible by current federal criminal laws. As a result, federal prosecutors also have strong bargaining power in plea bargaining. This chapter discusses RICO, money laundering, the interception of communications, and undercover operations, as examples of such legislation. Among these laws, the substantive criminal statutes are highly technical, focused on criminal organizations and their financial bases, and designed to reduce the burden of proof on the prosecution. Along with such substantive laws, investigative tools have been developed to overcome the difficulties of investigating and prosecuting organized crime.