Kilmartin Responds to Hodgson on RICO Gang Initiative
Tuesday, July 29, 2014
Rhode Island Attorney General Peter Kilmartin has responded to State Senator and Republican candidate for Attorney General Dawson Hodgson's proposal that state prosecutors use his “RICO Gang Initiative" to fight gang violence.
Statement from Kilmartin's Office
“The suggestion to use the RICO law in this way is not new, and the use of federal and state RICO laws to address gang violence has been discussed by this office and other law enforcement officials for several years. Although the RICO law has been a very successful tool in the efforts to prosecute organized crime, RICO investigations are generally the result of proactive, long term and labor intensive investigations involving multiple law enforcement agencies. Because RICO investigations require significant police resources, law enforcement agencies are critical partners in the decision whether their often limited resources are best used in such an effort.
In reality, violation of the RICO statute it is not simply a charge that the Attorney General, or any prosecutor, adds to an existing case. Under Rhode Island law, the term “racketeering activity” is specifically defined and requires more than simply gang membership. In addition, the Rhode Island RICO statute requires the receipt of income derived from a racketeering activity. Because of that limitation, it is more limited than federal law. Rest assured, however, that police and prosecutors are already well aware of the potential use of federal and state RICO statutes.
Recognizing that RICO is one tool that can be used to combat gang violence, but looking to develop additional prosecutorial options, Attorney General Kilmartin this year proposed a new sentencing enhancement statute for individuals who are convicted of a felony and are found to be associated with a criminal street gang. This new law allows for prosecutors to seek an additional 10 years to serve for any person who is convicted of any felony that is knowingly committed for the benefit, at the direction of, or in association with any criminal street gang.
The law, in combination with seeking strict criminal penalties for the underlying criminal acts, will provide for harsher penalties for anyone whose motivation to commit crimes comes from their loyalty to a criminal organization, and whose disregard for public safety has resulted in numerous deaths and serious injuries, particularly from gun violence. And, it will hopefully deter vulnerable youths from joining a criminal gang.”
Related Slideshow: Providence’s Most Violent Neighborhoods
Each week, the Providence Police Department releases its "Weekly Crime Comparison Report" on its website. The breakdown covers how many crimes have occured in the past week, past month, and year to date in each Police District and comparing them with the same time interval from the year prior, reflecting changes in crime rates. GoLocal has distilled the key data points from this weeks report to reflect YTD crime data grouped by general category- violent, property, other, and total. For the full report as filed by the PPD, click here.
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