The Use of Organized Crime and Conspiracy Laws in the Investigation and Prosecution of Criminal Organizations

This study examines the use of criminal organization legislation in various countries and highlights the advantages and disadvantages of these laws including definitional issues, threats to civil liberties, and the problems associated with prosecuting multiple offenders in time-consuming mega-trials. The article also analyzes Canadian police experience in using criminal organization legislation and conspiracy laws to investigate and prosecute groups involved in human trafficking and higher level drug dealing. It is argued that Canadian organized crime legislation is cumbersome, expensive, and relatively ineffective in the prosecution of criminal organizations. Conspiracy laws focus on criminal conduct as opposed to the structure and functioning of the group and are more effective in convicting not only core members, but peripheral and fringe players as well.