key term - Hobbs Act

Definition

The Hobbs Act is a federal law enacted in 1946 that criminalizes robbery and extortion affecting interstate or foreign commerce. This law addresses not only traditional robbery but also extortion through threats or coercion, making it a crucial tool for combating organized crime and corruption. Its broad language allows for the prosecution of various forms of coercive behavior that disrupt the flow of commerce.

5 Must Know Facts For Your Next Test

1. The Hobbs Act is named after Congressman John Hobbs, who was instrumental in its passage to tackle organized crime in America.
2. To secure a conviction under the Hobbs Act, prosecutors must demonstrate that the robbery or extortion affected interstate commerce in some way.
3. The Hobbs Act covers a wide range of criminal activities, including threats against businesses to obtain money or property.
4. Violations of the Hobbs Act can lead to significant penalties, including imprisonment and fines, reflecting the seriousness with which federal law treats these offenses.
5. Courts have interpreted the Hobbs Act broadly, allowing for prosecution in cases where the impact on interstate commerce may be minimal but still present.

Review Questions

• How does the Hobbs Act define extortion and what must be proven for a successful conviction?
  • The Hobbs Act defines extortion as obtaining property from another with their consent induced by wrongful use of actual or threatened force, violence, or fear. For a successful conviction, prosecutors must prove that the extortionate conduct had an impact on interstate commerce. This means showing that the actions affected the flow of goods or services across state lines, highlighting the act's connection to broader economic activity.
• Discuss how the Hobbs Act relates to issues of organized crime and its role in combating such activities.
  • The Hobbs Act plays a vital role in combating organized crime by providing federal authorities with the means to prosecute individuals involved in robbery and extortion that affect commerce. By targeting the coercive tactics employed by criminal organizations to control businesses and exploit victims, the Hobbs Act serves as a significant legal framework for dismantling these operations. This law's broad application allows law enforcement to address various forms of organized crime effectively, enhancing public safety and economic stability.
• Evaluate the implications of the broad interpretation of the Hobbs Act on prosecuting local businesses accused of extortion.
  • The broad interpretation of the Hobbs Act allows for local businesses to be prosecuted for extortion even if their actions only minimally affect interstate commerce. This raises important questions about the balance between federal oversight and local business practices. While it empowers authorities to address potentially exploitative practices, it can also lead to concerns over fairness and overreach, where legitimate business operations might inadvertently fall under scrutiny. The implications underscore the need for careful consideration of how economic activities are assessed under federal law.

Related terms

Extortion: The practice of obtaining something, especially money, through force or threats.

Interstate Commerce: Economic activity that involves the exchange of goods or services across state lines, which falls under federal jurisdiction.

RICO Act: The Racketeer Influenced and Corrupt Organizations Act, which targets organized crime by allowing prosecution of individuals involved in ongoing criminal enterprises.