Question:
Discusss the Parochial Interests of state/locally based police forces impede the Capacity of National Governments to develop a targeted strategy to attack organised crime.
Parochial interests groups may not have private individual interests but they have a focus on the interest of small groups[1]. Such classified groups include religious, cultural, political, business, or social groups. Illegal gang groups as part of these groups alienate the wider community interests and contravenes global standards of common good in the public agenda[2]. The role of the state in fighting crime in upholding the people’s rights. Challenges arise when a state encourages parochial interests through the local police force because organized crime management traverses borders. It involves local and national groups. In contemporary societies, illegal activities involving money are common and the tendency of the police to conspire with such groups is common[3]. The fact that the state puts so much trust in the police complements the ability of the security agency to resolve such organized crimes. Therefore, law enforcement officers should not make deals will organized gang groups.
In order to address organized crime issues, it is important to understand the criminal group mechanisms[4]. Organized crime activities includes extortions, mob cartels, underworld activities and the police may become party by offering extra-legal security to the group leaders. In Australia, the state police has the responsibility of serving the citizens in the local territory through private and public services[5]. When a quasi-law enforcement agency engages in either investigative or crime prevention activities, it brings in a new dimension. Successful policing requires expert skills as well as resources. Organized criminals, which have the money, may easily influence stakeholder in the crime prevention units. The public police units have limitations stipulated within the legal and police services. Drug barons may control key institutions including the media. When the police become entrenched in such activities, they have a share in the crime hence the territory becomes vulnerable to criminal penetration[6].
Fraudulent dealings misrepresent the skilled police officers and investigation officers. This lowers the professional standards of officers and it destroys the people’s trust. Organizations responsible for dealing with crime include partnerships between the police, military and police, military and institutions[7]. The use of organized crimes for white-collar crimes such as cybercrime or political crimes shows lack of goodwill on legal authorities in fighting crime. Global or national criminal groups may engage the police for mafia, terrorist, drug or other form of organized crime. Studies in criminology point out Australians spend more than A$48 in criminal in fighting crime[8]. Security is a core government service and the public finds it necessary to invest in improved technology, informal and formal training. This is a community project that does not involve isolated interests such as criminal or police groups.
Fraud, bribery, identity theft, robbery, are all types of organized criminal activities. The changing global scene has seen the metamorphosis of such groups into business activities with a profit agenda. The government has its own departments with internal as well as external policies on dealing with criminal activities. Commonwealth, federal, state and global policies govern Australia’s security policies[9]. When parochial interests interfere with the functions of the state organs, it distorts the logical essence of organized law enforcement. Defects may arise during the presentation of evidence or when there are commercial relationships leading to a conflict of interest. Criminal groups can access personal data such as tax and driving license details from police records. This means that the state organs need rigorous data systems that can cope with the changing trends of criminal activities[10].
Arguments about whether state functions should be in partnerships with non-state organs and individuals continue to linger[11] State commitment to crime is nonnegotiable and should assure the public of safety. The 2013 Australian Act on lawlessness addresses such gangs[12] . According to this Act, anyone encouraging lawlessness is liable for imprisonment and collaboration with law enforcement agencies is paramount. Creating a conflict of interest by subverting the focus is illegal. The people need to have confidence in the police service. Shaping a positive perception revolves around how the police treat the people as well as how they handle their work professionally. Virtues such as honest in jurisdiction are important[13]. Some of the organized crime groups involve young people who need mentorship. Criminology is a complex industry that poses challenges such as corruption for the police.
Revising punitive measures in state crime is one of the government strategies against organized criminals. Key performance measures for the police service in Australia include efficiency and effectiveness[14]. The national system in charge of responding to organized crime needs a rigorous framework. This allows it to deal with gun and non-gun related crime. The use of parochial interest groups is a criminal activity that is on the increase. A comprehensive approach to this covers a multilayered and multidisciplinary approach[15]. This approach is effective in contemporary crime involving criminal groups and the police units. Professionalism thrives when agencies collaborate and share information. This is important for key agencies in the state, territorial, commonwealth, and international systems[16].
Dealing with organized criminals in cartel industries like drugs, human trafficking and money laundering requires advanced investigative techniques. These unearth any criminal ties to authorities. However, mock investigations may compromise the strategies when exposed to criminal groups. Crime victimization reports indicate the involvement of the police[17]. From the findings, increased lack of disclosure creates fear in investigations. Therefore, the police needs to come out as nonpartisan in order to nurture the people’s trust. The Sydney Law Review identifies the use of criminal intelligence in dealing with outlaw gangs[18]. The use of such strategies advocate for responsible government representation. This is in accordance to the 2009 Criminal Organization Act in Queensland[19]. It campaigns against the compromised conduct in criminal professional setting such as the judiciary and police force.
In upholding human rights, criminal law has the responsibility to serve the public interest. According to the Australian Crime Commission, law enforcers should be keen on enabler activities such as identity crime, and public sector corruption[20]. These destroy the trust in law enforcement structures. The public as the beneficiary of state services needs to be free from exploitation by professionals in the services. Reforms in the law process target criminal justice because of its connection to the human rights agenda[21]. The police as the coercive force used by the state to uphold law needs to be an effective tool in dealing with criminals. Failure to do so creates a conflict of interest in the public image. Alteration of justice, incompetent investigations and the placement of uninformed charges is destructive[22].
The lucrative drug industry is a sphere of involvement by organized criminals and the police may find themselves involved directly or indirectly[23]. Smuggling networks include public servants in the law enforcement agencies. Australia corporates with the global agencies in order to overcome its challenges[24]. Criminal agencies are hard to detect and prosecuting them is harder. The involvement of the state personnel or agencies worsens this. The commonwealth framework helps to curb hierarchical groups including the underworld players who pose a threat to the global security system. Criminal rate records report the manifestation of crime across different levels of the legal system. The growing rate of crime highlights the significant role of the government in curbing crime. In this case, parochial interest impede the government’s ability to curb crime[25].
Efforts made towards strengthening the national governments ability to fight crime is evidence of the need for professionalism. When dealing with organized crime groups the government uses incentives to encourage investigations. It is evident that crime groups infiltrate different sectors of the economy[26]. Improved investigative processes need intelligence from partners. A shared vision is more inclusive and it reduces the government agencies’ involvement in crime. Evidence shows the need to involve relevant stakeholders when faced with threats from organized crime. Different taskforces such as the prosecuting unit depend on support from the investigative team. This calls for improved capabilities that support the operational law enforces[27]. The 2002 Act covers the Australian Crime Commission, which facilitates for intergovernmental committees on crime issues. Therefore, the Australian parliament also support this process by making improvements on the legal systems. It defines different types of Acts for clear punitive measures on the offence by territories.
The continuous improvements in the police system indicates the need for alternative approaches in dealing with organized crime. The Australian Border Force has an organized network for tackling different criminal groups[28]. Among them are units for mafia groups, drug dealers, and joint operations. These support the Australian Criminal Intelligence Commission. Having hitches in this network affects a myriad of task forces. Success stories from arrests indicate that syndicate groups have tight networks and multiagency operations. Intercepting some of them may take longer when the state police are part of the deal. Relevant bodies include federal police and informants. Therefore, the process of inquiry needs to be free from injustices and abuse of power. Organised criminal groups provide essential leads to justice and crime eradication[29].
Understanding the threats posed by criminal groups is important. It unveils the hidden truths of what hinders police operations and successful techniques to employ. Examples from other countries indicate that organized crime poses a threat to power because of their features[30]. Emerging trends point out that the legal economy is a new breeding ground for criminal attacks. This is because of the free market system, which encourages wealth creation, and cross border business. The emergence of the internet comes with new threats in cybercrime. Innovation and technology changes are necessary but they also present a challenge because of the increase in illegal business activities inside and outside the legal bodies[31]. Serious crime activities such as financial crimes operate within advanced intelligence systems. Detecting and defining the illicit activities is not easy. This includes terrorism and modern organized crimes.
Enhanced intelligence requires a deeper understanding of then existing as well as the impending threats. The involvement of the police force in criminal groups presents both scenarios. It hinders national and regional collaboration in tackling crime[32]. New programs keep emerging to provide accountable policing and control of then framework. This depend on the nature of an organization, organizational culture and objectives. Poor systems prevent effective decisions on state functions within the law enforcement agency. When individuals within the state components have varied interests, it leads to disruptions in the government role and agency structures. Responsive mechanisms leave a perception about the policy framework.[33] Organized crime has the ability to paralyze then police force, especially when underground cartels are part of the mess.
In conclusion, the role of the state needs to be free from external influence. The involvement of organized crime in the police system is a common phenomenon. It leads to distortion of justice and an increase in crime. Organised crime has a wide perspective that covers traditional criminal activities such as violence and drugs. However, new dimensions like cybercrime and terrorism present further challenges, which need collaborative systems. In order for the state to succeed in this function, it needs to have a clear focus. The society looks up to the police for law enforcement and not criminal activities. Misrepresenting the agency encourages corruption and anarchy. A negative perception on law and order makes a country insecure. Police misconduct is also destructive to the profession and legal framework. Statistics reveal a great involvement by police personnel in criminal activities. This is risky and uncalled for because it hiders an effective response to Organised crime.
References
Books
Federico V, Mafias on the move: How organized crime conquers new territories. Princeton University Press, 2011, p, 53
Lyman, M, Organized crime, Upper Saddle, N.J, Prince hall, 2000
Fraiser, A, Urban legends: gang identity I post-industrial city/Alistair Fraser, First edition, 2015, Oxford University Press
Kontos, L and Bortherton, D, C, Encyclopedia of Gangs, Greenwoods Press, 2008
Chan, W, L, The Media Representations of Police Image: Research Notes on the Hong Kong Occupy Movement, 2015, Sage,
Journals
Vittorio, D, Marani. U, Organized crime, the quality of local institutions and FDI in Italy: A panel data analysis, European Journal of Political Economy, 27 (1), 2011, 132-142
Corretta, P, From rogue traders to organized crime groups: Doorstep Fraud of older adults. British Journal of Criminology, 57 (3), 2017, p, 608-626
Greg, M, Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal intelligence in the control of serious organized crime in Australia, Sydney Law Review, Vol 36 (3), Available https://search.informit.com.au/documentSummary;dn=663101364771429;res=IELHSS (Accessed 5 November 2017)
Hobbs, H, and Trotter, A, The great leap backward: Criminal law reform with the Hon Jarrod Bleijie, Available https://www.austlii.edu.au/au/journals/SydLRev/2014/1.pdf (Accessed 5 November 2017)
Robert, S, Book Review: Knowledge Management in Policing: Enforcing Law on Criminal Business enterprises, Entrepreneurship and Organised Crime: Entrepreneurs in Illegal Business, The International Journal of Entrepreneurship and Innovation, 2011, 12 (2), pp 150-15
Legislation
Vicious Lawless Association Disestablishment Act 2013 (QLD) s.2, ss (1) Available at https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/vlada2013473/ (Accessed 5 November 2017)
Australian Government, Crimes Act 1914 (Cth), Available at https://www.crimeprevention.vic.gov.au/ (Accessed 5 November 2017)
The Australian Crime Commission Act 2002 Aust II, Commonwealth Consolidated Acts Available https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/acca2002289/ (Accessed 5 November 2017)
Act Government, Act Road Rules Handbook (Act Road Transport Authority), Available at https://www.accesscanberra.act.gov.au/app/home#/transport (Accessed 5 November 2017)
Criminal Organization Act 2009 (QLD) Aust II Available https://www.parliament.qld.gov.au/documents/tableOffice/TabledPapers/2016/5516T432.pdf (Accessed 5 November 2017)
Reports
Justice Reports on Government, Report on government services 2016, Vol C: Justice, 2016, p, 63-69, Available at https://www.pc.gov.au/research/ongoing/report-on-government-services/2016/justice/rogs-2016-volumec-justice.pdf (Accessed 5 November 2017).
Organised crime and drugs in sports, Australian Crime Commission, 2013, Trends in Organised Crime, 2015, 18 (3), 261-276
Gilsinan, J, the Numbers Dilemma: the Chimera Modern Police Accountability System. St. Louis, U, pub, L, Rev, 2012, Vol 32, pp, 93-487
Don, R. Public and private policing: Issues and options for collaboration within Australia, 1998. Available at: https://www.aic.gov.au/media_library/conferences/partnership/robertso (accessed 5November 2017)
National Conference of State Legislators, Data Security Laws, 2017, Availablehttps://www.ncsl.org/research/telecommunications-and-information-technology/data-security-laws-state-government.aspx (Accessed 5 November 2017)
Australian Government, National Organized Crime Response Plan 2015-18, Commonwealth of Australia, Canberra, 2015, pp, 3-36 Available https://www.ag.gov.au/CrimeAndCorruption/OrganisedCrime/Documents/NationalOrganisedCrimeResponsePlan2015-18.pdf ( Accessed 5 November 2017)
UNODC, UNOC organizes inter-regional training course on tackling abuse of money and value transfer services, 2017, Available https://www.unodc.org/unodc/en/frontpage/2017/July/unodc-organizes-inter-regional-training-course-on-reducing-risks-from-the-abuse-of-money-and-value-transfer-services.html (Accessed 5 November 2017)
Australian Bureau of Statistics, 4530.0-Crime victimization, Australia, 2015-16, Available https://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4530.0Explanatory%20Notes12015-16?OpenDocument (Accessed 5 November 2017)
Australian Crime commission, Crime Profile: Outlaw Motorcycle Gangs (July 2013) 2 Available https://www.acic.gov.au/sites/g/files/net1491/f/2016/06/oca2015.pdf (Accessed 5 November 2017)
Australian Crime Commission, Organised crime in Australia 2015, Available https://www.acic.gov.au/sites/g/files/net1491/f/2016/06/oca2015.pdf (Accessed 5 November 2017)
Australian Government, Commonwealth Organised Crime Strategic Framework: Overview Available https://www.ag.gov.au/CrimeAndCorruption/OrganisedCrime/Documents/OrganisedCrimeStrategicFrameworkOverview.pdf (Accessed 5 November 2017)
Australian Criminal Intelligence Commission, Organised Crime, 2017 Available https://www.acic.gov.au/organised-crime (Accessed 5 November 2017)
The Europol Public Information, Threat Assessment Italian Organised Crime, (# EDOC#667574 v8)2013, file:///C:/Users/BAT/Downloads/italian_organised_crime_threat_assessment_0.pd
V.Federico, Mafias on the move: How organized crime conquers new territories, 2011, p, 53
D. Vittorio and U. Maran, Organized crime, the quality of local institutions and FDI in Italy: A panel data analysis, European Journal of Political Economy, 27 (1), 2011, 132-142
Ibid, p, 23
M. Lyman, p, 217
R. Don
P. Corretta, 512
Australian Government, Crime prevention,
Justice Report on Government Services, 64
National Conference of State Legislators, Data Security Laws
Act Government
Don, op cit, 2
Vicious Lawless Association Disestablishment Act 2013 ( Queensland) s.2, ss ( 1)
F. Alistair 1982-, Urban legends: gang identity in the post-industrial city/ Alistair Fraser, Oxford University Press
Justice Report, op, ct, 68
Australian Government, National Organized Crime Response Plan 2015-18
UNODC, UNODC organizes inter-regional training course on tackling abuse of money and value transfer services, 2017
Australian Bureau of Statistics, 4530.0 Crime Victimization, Australia, 2015,-16
M. Greg, Outlaw motorcycle gangs and secret evidence: Reflections on the use of criminal intelligence in control of serious organized crime in Australia, Sydney Law Review, 2014, 36 (3)
Criminal Organization Act 2009 ( QLD),
Australian Crime Commission, Organized crime in Australia 2015
H. Hobbs and Trotter, A, The great leap backward: criminal law reform with the hon Jarrod, Bleijie,
Australian Crime commission, Crime Profile: Outlaw Motorcycle Gangs
Organised crime and drugs in sports, Australian Crime Commission, Canberra, 2013
The Australian Government, Commonwealth Organised Crime Strategic Framework Overview, Commonwealth of Australia
Ibid, p, 5
Ibid, p, 11
Australian Crime Commission Act 2002 Austl II
Australian Criminal Intelligence Commission, Organised Crime, 2017
L. Kontos, and Brotherton, D, Encyclopedia of Gangs, 2008, Greenwood Press, Westport
Europol Public Information, Threat Assessment: Italian Organised Crime, Hague, 2013
R. S, Book Review: Knowledge Management in Policing: Enforcing Law on Criminal Business Enterprises, Entrepreneurship and organized Crime: Entrepreneurs in Illegal Business, The International Journal of Entrepreneurship and Innovation, 2011,
J. Gilsinan, The numbers dilemma: The Chimera of modern police accountability systems, St. Louis U pub, L, Rev
W. Chan, the media representation of police image: Research notes on the Hong Kong Occupy Movement, 2015, Sage
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