ABSTRACT

In this chapter the development of legal strategies to respond to organised crime is outlined, linking these to representations of organised crime in discourse. It commences with an examination of the United Nations Convention against Transnational Organised Crime (UNTOC) as the main international instrument arising from the settings of international (in)security. Then, it is shown how states have realised, and often exceeded, their obligations under international law, with a focus on legislative models that target criminal organisations and groups. Through a review of significant domestic legislative strategies in key Western countries (US, UK, Australia), this analysis reveals the shifting nature of criminal justice towards pre-emption and increasingly punitive measures, linking to processes of politicisation and contemporary criminological theory. It is argued that expressive and symbolic attempts by the state to demonstrate the ability to control crime have resulted in the undermining of established legal principles and individual freedoms, as well as threatening the integrity of justice institutions themselves.