criminal justice

Anonymous
timer Asked: Nov 6th, 2016

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Using the information from the previous assignment, respond to the following 3 post. 250 words bluebook format... This is a study emergency and I need it on time PLEASE!!!!!!

Should Gotti Jr. be charged with criminal conspiracy? Discuss the law of criminal conspiracy. John Gotti Junior should not be charged with conspiracy. The feds did not have any solid proof of his involvement in either of the three crimes. They were building a case against him based off the word of another inmate. Although his word may have served as building a case if there was other evidence to solidify it. Conspiracy does not require there to be physical evidence to connect persons to it which seems like it would be something that is extremely hard to accuse someone of. Conspiracy is defined as the agreement to commit some other crime. [1] The article stated that Gotti’s father was captured on a recording ordering the murder of someone. It never states the evidence that puts Junior at the scene of the crime. At most there may be accomplice actus reus. Because of his close ties with his family, and the common knowledge that his family was involved in criminal activity one can assume the he may have been present when the said crimes were committed. Actus reus states that the actor took some positive act in aid of the commission of the offense but just the presence at the scene of a crime is not enough to determine guilt. [2] Gotti’s indictment came from the testimony of John Alite, a former member of the Gambino family. Initially Alite stated that he would take his chances in prison over testifying against Gotti, but he eventually changed his story and decided to turn witness. [3] This in itself should raise eyebrows as to the validity of his testimony. If the family was as powerful as he claimed, why would he automatically change his story? I believe he may have been coerced by the prosecution and coercion could signify some type of embellishment of the truth. [1] Joel Samaha, Criminal Law 231 (11th ed. 2014) [2] Id. at 232 [3] John Marzulli, John Gotti Jr. arrested on murder conspiracy charge, nydailynews.com, http://www.nydailynews.com/news/ny_crime/2008/08/05/2008-0805_john_gotti_jr_arrested_on_murder_conspir.html (last visited November 3, 2016).
The law of Criminal conspiracy is when multiple people agree to conduct in criminal activities [1]. Criminal Conspiracy was created for groups such as gangs and other organized crimes mobs, whom often conduct in criminal activity [2]. The agreement to commit the criminal act is usually overt in nature and is confirmed or conducted in writing or orally, but it is not required to be in writing, it can be either or [3]. Another requirement for the charge is that there must be a meeting in which the terms of the agreement were discussed. Such evidence for these crimes is produced from authorized wire taps, probable cause was received by law enforcement that certain crimes may have and/or going to be committed [4]. The Criminal Conspiracy overt act may be a requited element to the crime in certain states. 25 states required state that the advancement of the criminal act must be an overt act. The other 25 states require prosecutors to account for actus reus of the criminal act. The overt acts confirm the criminal intent the defendant conducted in the criminal conspiracy charge [6]. The overt act was also recreated for the utilization within the Model Penal Code, along with the requirement for mens rea. To sum all of this up the prosecutor is required by law to present solid evidence against the defendant that demonstrates the defendant took part within an overt act, along with formal or informal agreements. Partial or hinted agreements within the law for criminal conspiracy only constitutes circumstantial evidence; the law requires physical evidence and some sort of connection, the certain crime being related to the defendant [7]. The mens rea for criminal conspiracy is not crystal clear; it is truly very vague in terms of proving criminal intent towards this crime. Certain approaches are commonly used to establish mens rea for criminal conspiracy, such as proving beyond reasonable doubt that the defendant had criminal intent to commit the crime [8]. Other common approaches include proving beyond reasonable doubt that the defendant had criminal intent to commit a certain objective to such crimes. The question is, is it required that all involved parties must be within agreement towards the same purpose of the criminal act? It is also important to have the proper sources involved to successfully convict a person for this crime. For criminal conspiracy to sick, there must be at least of two parties, resources such as authorized wire taps and confidential informants whom witnessed the agreement between parties, would most likely be considered as sufficient evidence [9]. The requirement of proving the mens rea for all parties within the agreement does not exist or is it required for all parties to personnel know the other connected parties. John Gotti , Jr. should have been charged with criminal conspiracy. If is often left in the air for the prosecutor to decide, if he or she want to charge the suspect with criminal conspiracy or for the crime in which they committed. Such elements like the media or political interest play major roles when prosecutors decided what charges to file [10]. Gotti, Jr was caught on numerous wire taps within phone that were utilized inside of vehicles. Such evidence was latter appealed to be stricken from the record, due to lack of probable cause to obtain the wiretap authorization [7]. [1] Joel Samaha, Criminal Law 231 (11th ed. 2014). [2] id at 279 [3] id at 280 [4] id at 281 [5] id at 281 [6] is at 281 [7] id at 282 [8] id at 283 [9] id at 284 [10] is at 284 [11] United States v John A. Gotti, also known as John, Jr., also known as Junior; Mario Antonicelli, also known as Little Mario; Gregory Depalma, also known as Greg, also known as Ron; Vincent Zollo, also known as Vinny; Louis Ricco, also known as Louie Bracciole, also known as Louie Brash; Craig Depalma; Michael Sergio, also known as Mikey Hop, also known as Hop; Stephen Sergio, also known as Sigmund the Sea Monster; Dominick Loiacono, also known as the Butcher; Leonard Minuto, Sr., also known as Cliff, also known as the Turtle; Steven Fortunato, also known as Guappo; Peter Forchetti, also known as Fat Pete, also known as Jonesie; Anthony Plomitallo, also known as Anthony the Carpenter; William R. ,Marshall, also known as Willie; Robert Sanseverino, also known as Bobby Sans; Christian Binnie, also known as Chris; John Forcelli, also known as Bart; Marco Barros; Michael Zambouros, also known as Michael Z.; Salvatore Locascio, also known as More; Angelo Prisco; John Sialiano, also known as Goombah Johnnie; Dennis Mclain, also known as Denny, 273 F 567 (2d Cir. 1998)
A conspiracy is an agreement between two or more people to participate in a crime. But that agreement doesn’t have to be in any way formalized, such as with a written document, nor is it even necessary that the two or more parties ever uttered words such as, “yes, we agree, we will do this thing” [1]. All that is really needed for a charge of conspiracy are for the facts and circumstances to indicate an agreement between the coconspirators is enough to prove that they were planning a crime together [2]. In 2008, John Alite, an former associate of John Gotti Jr.’s, agreed to testify against the alleged crime boss, and accused Gotti of conspiring to commit the murders of George Grosso, Louis DiBono, and Bruce Gutterup [3]. All three were murdered, satisfying both halves of a conspiracy’s actus reus, an agreement to commit a crime, as well as some overt act to further the agreement, which in this case, was the actual murders of three men. On one hand, most observers would probably agree that John Gotti, Jr. almost has to be guilty of something, just from a glance at his long history of trouble with law enforcement. For years he was the acting boss of the Gambino crime family. In a search of his property, the FBI discovered a long list of “made” guys, and nearly half a million dollars in cash. Not long after that, Gotti was indicted on RICO charges of extortion, and Gotti eventually pleaded guilty to loansharking, bookmaking, and extortion. He was sent to prison for a few years. So while it appears likely that Gotti was involved in a conspiracy to commit those murders, and the facts and circumstances might indicate an agreement with Alite and others, the prosecution couldn’t, in the end, satisfy the front half of the actus reus, producing proof that he had ever entered into an agreement to commit this crime. John Alite fled the country in 2004, when he faced federal racketeering charges, and was off to Brazil, where he was eventually arrested. He fought extradition for two years. Once he was returned to the US, he faced a choice: he could either be charged himself, or he could testify against his old friend, John Gotti, Jr. He decided that testifying against Gotti was a better deal than going to prison himself. That a witness would have this much selfinterest in play may well have come to seem to jurors that he could not be trusted, and certainly not “beyond a reasonable doubt.” And the prosecution’s case against Gotti rested heavily on the testimony of Alite. Inchoate crimes, by their very nature, are sort of fleeting and shadowy, as they don’t necessarily even come into existence. Conspiracy is one such crime, and has to do almost with the state of mind shared by two or more people. That conspiracy would be difficult to prove in court, especially with a badly flawed or compromised prize witness, is not very surprising. In this case, the prosecution would have needed a better witness or witnesses, or some physical evidence to tie Gotti to at least some aspect of this crime. [1] Joel Samaha, Criminal Law, at 280 (11th ed. 2014). [2] Id. [3] John Marzulli et al., John Gotti Jr. Arrested On Murder Conspiracy Charge, New York Daily News News (Nov. 1, 2016, 1:55p.m.), http://www.nydailynews.com/ news/crime/ john-gotti-jr-arrested-murder-conspiracy-charge-article-1.315845 [4] Michael Gorr & John Kleinig, The Actus Reus Requirement: A Qualified Defense, 10 Criminal Justice Ethics 1, 11 (1991).
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