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Extraordinary Measures to Combat Organized Crime: A Utilitarian Evaluation of Implementing RICO and Designating Gangs as Terrorist Organizations in Sweden

Bonekamp, Karl Johan Magnus LU (2025) JURM02 20252
Department of Law
Faculty of Law
Abstract
This thesis evaluates the implementation of two extraordinary measures in Sweden to combat organized crime: the Racketeer Influenced and Corrupt Organizations Act (RICO) and the designation of gangs as terrorist organizations. The thesis is motivated by the developments and evolutions in gang- and organized crime-related violence and the desire to identify viable solutions to combat it. Such developments have prompted public concern and political debate, leading to increased attention on the use of unconventional measures.
The thesis’ primary aim is to determine whether these measures could yield net positive outcomes in Sweden from a utilitarian perspective, considering the aforementioned developments and evolutions. To accomplish this... (More)
This thesis evaluates the implementation of two extraordinary measures in Sweden to combat organized crime: the Racketeer Influenced and Corrupt Organizations Act (RICO) and the designation of gangs as terrorist organizations. The thesis is motivated by the developments and evolutions in gang- and organized crime-related violence and the desire to identify viable solutions to combat it. Such developments have prompted public concern and political debate, leading to increased attention on the use of unconventional measures.
The thesis’ primary aim is to determine whether these measures could yield net positive outcomes in Sweden from a utilitarian perspective, considering the aforementioned developments and evolutions. To accomplish this purpose, this thesis is guided by two central research questions:
1. Why and how has the U.S. used RICO to combat organized crime, and should Sweden, from a utilitarian perspective, implement RICO?
2. Why and how has the U.S. designated gangs as terrorist organizations to combat organized crime, and should Sweden, from a utilitarian perspective, designate gangs as terrorist organizations?
Utilitarianism serves as the thesis’ theoretical framework, using both act and rule approaches to balance immediate benefits with long-term societal effects. Methodologically, the thesis applies a legal dogmatic/legal analytical approach with comparative and criminological elements, drawing on various sources such as legislation, case law, bills, reports, literature, and journal articles.
RICO was selected as it is perhaps the most well-known measures to combat organized crime. Designating gangs as terrorist organizations was primarily selected due to its significant deviation from traditional approaches. Furthermore, both have been discussed by Swedish politicians, making them, or at least similar measures, plausible for future implementation, thus warranting investigation. Even if not adopted, they represent unique and extraordinary approaches to combat one of Sweden’s most pressing contemporary issues.
My analysis and the conclusions that can be drawn from it indicate that RICO should be implemented in Sweden. Act utilitarian reasoning emphasizes its capacity to dismantle organized criminal networks, enhance public safety, and improve prosecutorial efficiency. Although rule utilitarian concerns regarding legal entrenchment and potential overreach exist, the potential benefits in my view outweigh these risks, rendering RICO a net positive measure that should be implemented in Sweden.
Conversely, I determined that designating gangs as terrorist organizations should not be done in Sweden. While short-term gains are likely, and perhaps tempting, rule utilitarian analysis suggests that conflating terrorism with organized crime risks undermining conceptual clarity, public trust, and institutional legitimacy and ultimately risks being counterproductive due to for example the risk of militarization and mission creep, ultimately reducing long-term societal welfare, which on balance I deem to outweigh the act utilitarian arguments.
Ultimately, this thesis situates the evaluation of these extraordinary measures within Sweden’s contemporary struggle against organized crime, framing a structured utilitarian assessment of whether extraordinary legal interventions can effectively address an evolving societal challenge. (Less)
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author
Bonekamp, Karl Johan Magnus LU
supervisor
organization
course
JURM02 20252
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Criminal law, RICO, Designating gangs as terrorist organizations, Organized crime in Sweden, Extraordinary measures
language
English
id
9216666
date added to LUP
2026-01-19 09:58:06
date last changed
2026-01-19 09:58:06
@misc{9216666,
  abstract     = {{This thesis evaluates the implementation of two extraordinary measures in Sweden to combat organized crime: the Racketeer Influenced and Corrupt Organizations Act (RICO) and the designation of gangs as terrorist organizations. The thesis is motivated by the developments and evolutions in gang- and organized crime-related violence and the desire to identify viable solutions to combat it. Such developments have prompted public concern and political debate, leading to increased attention on the use of unconventional measures.
The thesis’ primary aim is to determine whether these measures could yield net positive outcomes in Sweden from a utilitarian perspective, considering the aforementioned developments and evolutions. To accomplish this purpose, this thesis is guided by two central research questions:
1. 	Why and how has the U.S. used RICO to combat organized crime, and should Sweden, from a utilitarian perspective, implement RICO?
2. 	Why and how has the U.S. designated gangs as terrorist organizations to combat organized crime, and should Sweden, from a utilitarian perspective, designate gangs as terrorist organizations?
Utilitarianism serves as the thesis’ theoretical framework, using both act and rule approaches to balance immediate benefits with long-term societal effects. Methodologically, the thesis applies a legal dogmatic/legal analytical approach with comparative and criminological elements, drawing on various sources such as legislation, case law, bills, reports, literature, and journal articles.
RICO was selected as it is perhaps the most well-known measures to combat organized crime. Designating gangs as terrorist organizations was primarily selected due to its significant deviation from traditional approaches. Furthermore, both have been discussed by Swedish politicians, making them, or at least similar measures, plausible for future implementation, thus warranting investigation. Even if not adopted, they represent unique and extraordinary approaches to combat one of Sweden’s most pressing contemporary issues.
My analysis and the conclusions that can be drawn from it indicate that RICO should be implemented in Sweden. Act utilitarian reasoning emphasizes its capacity to dismantle organized criminal networks, enhance public safety, and improve prosecutorial efficiency. Although rule utilitarian concerns regarding legal entrenchment and potential overreach exist, the potential benefits in my view outweigh these risks, rendering RICO a net positive measure that should be implemented in Sweden.
Conversely, I determined that designating gangs as terrorist organizations should not be done in Sweden. While short-term gains are likely, and perhaps tempting, rule utilitarian analysis suggests that conflating terrorism with organized crime risks undermining conceptual clarity, public trust, and institutional legitimacy and ultimately risks being counterproductive due to for example the risk of militarization and mission creep, ultimately reducing long-term societal welfare, which on balance I deem to outweigh the act utilitarian arguments.
Ultimately, this thesis situates the evaluation of these extraordinary measures within Sweden’s contemporary struggle against organized crime, framing a structured utilitarian assessment of whether extraordinary legal interventions can effectively address an evolving societal challenge.}},
  author       = {{Bonekamp, Karl Johan Magnus}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Extraordinary Measures to Combat Organized Crime: A Utilitarian Evaluation of Implementing RICO and Designating Gangs as Terrorist Organizations in Sweden}},
  year         = {{2025}},
}