The Vexing Case of Venue for Violent Crimes in Aid of Racketeering

35 Pages Posted: 11 Oct 2021

See all articles by Melvin Otey

Melvin Otey

Faulkner University - Thomas Goode Jones School of Law

Date Written: June 21, 2021

Abstract

The right of accused persons to have their guilt adjudicated in the locations where their alleged crimes occurred is intrinsic to American conceptions of ordered liberty and fundamental fairness. It is so important that it is codified in, among other places, two constitutional provisions. Yet, dramatic technological advances have made affixing venue for some modern crimes increasingly difficult. Violations of 18 U.S.C. § 1959, which proscribes violent crimes in aid of racketeering, exemplify the complexity. Courts have used different methods to venue these prosecutions, but the approaches are largely inconsistent with traditional venue determinations, potentially impinge on defendants’ constitutional rights, and easily burden defendants’ vital interests. Consequently, a new approach is sorely needed. This Article proposes a standard that respects both the need for effective prosecution of violent crimes in aid of racketeering and defendants’ compelling interests in answering charges only where alleged offenses occur.

Keywords: organized crime, racketeering, venue, rico, vicar

Suggested Citation

Otey, Melvin, The Vexing Case of Venue for Violent Crimes in Aid of Racketeering (June 21, 2021). Penn State Law Review, Vol. 125, No. 3, 2021, Available at SSRN: https://ssrn.com/abstract=3919312

Melvin Otey (Contact Author)

Faulkner University - Thomas Goode Jones School of Law ( email )

5345 Atlanta Highway
Montgomery, AL 36109
United States

HOME PAGE: http://https://www.faulkner.edu/law/

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