RICO: The genesis of an idea

In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The 1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define “racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate, try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions. In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages. RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal behavior. William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat. 922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996).     

Wirksamkeit einer Ersatzzustellung durch Niederlegung; Anschein einer bestimmten Wohnung

Keine Zusammenfassung     

The recovery of finger marks from soot-covered glass fire debris.

This study aimed to expand the scope of previous research by assessing the effectiveness of soot-removal techniques on glass from petrol-bomb debris using methods of 1% and 2% sodium hydroxide (NaOH) solutions, ultrasonic bath and vacuum suction. Of particular interest were the 1% and 2% NaOH solutions applied to the soot-covered surfaces. Petrol bombs containing petrol or a 50:50 mix of petrol and motor oil were exploded and the debris was collected for analysis. Favourable results were found to varying degrees using each of the soot-removal methods with the 1% and 2% NaOH wash solutions, being the most useful. The 2% NaOH solution also proved successful as a soak to loosen and remove heavy contamination of soot and accelerants without damaging the finger mark beneath. This study also found that recovery of finger marks in blood from beneath soot using the 2% NaOH solution was possible. Finger marks were also applied to glass bottles with plastic adhesive labels, and providing the fire damage is not too great marks were also retrievable. Results from this study lead to the conclusion that the NaOH wash solution is ideally suited for soot removal to reveal latent and blood-contaminated marks both within the laboratory and at crime scenes.     

Histologic findings in the lung in sudden infant death

The lungs of 79 children who had died between the ages of 1 week and 2 years old were histologically examined. 59 of these children could be categorized as cases of Sudden Infant Death because of the history and postmortem findings. In the remaining 20 cases a definite cause of death could be established. This is the same collective on which the histological investigations of the lymphatic tissue has been carried out. Morphological changes which are typical for a virus pneumonia were found in a substantially higher frequency in the cases of Sudden Infant Death than in the control cases. The validity of these findings and their possible significance for the cause of death are discussed.     

The individuality of fibres used to provide forensic evidence--not all blue polyesters are the same.

Fibres used in forensic casework suffer from a disadvantage common to other forms of trace evidence--it is not possible to state with absolute certainty that they originate from a specific source. Target fibre studies, population studies and research on 'blocks of colour' have effectively demonstrated the polymorphism of textile fibres (particularly man-made ones) and have shown that when a fibre is believed to have a specific putative source, the chance that it has originated from a different source purely by coincidence is extremely remote. A study by Houck MM (Houck MM, Inter-comparison of unrelated fibre evidence. Forensic Science International 2003; 135: 146-149) has shown that no coincidental matching fibres were recovered from items of clothing examined in 20 unrelated crimes. The study involved over two million comparisons. This work goes a step further, and using the example of blue polyester fibres shows that even within a very narrow segment of the whole general fibre population, many examples of a specific colour/type of man-made fibre taken from random sources can be compared and the chance of any two being the same is very low. These studies should help to show the specificity and value of transferred fibres in providing forensic evidence.     

Doctors in Extremity

Book Reviews in This Article:
Robert Jay Lifton, The Nazi Doctors: Medical Killing and the Psychology of Genocide.
Eric Stovcr and Elena O. Nightingak, eds., The Breaking of Bodies and Minds: Torture, Psychiatric Abuse and the Health Professions.
Elliot S. Valenstein, Great and Desperate Cures: The Rise and Decline of Psychosurgery and Other Related Treatments for Mental Illness.