This is an accepted version of this page
119-628: Joseph Michael Valachi (September 22, 1904 – April 3, 1971) was an American mobster in the Genovese crime family who was the first member of the Italian-American Mafia to acknowledge its existence publicly in 1963. He is credited with the popularization of the term cosa nostra . Valachi was convicted of drug trafficking in 1959, and sentenced to 15 years' imprisonment. In 1962 while he and Genovese family boss Vito Genovese were in prison together, he murdered an inmate he thought
238-399: A plea agreement or plea deal , is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor . These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite
357-538: A binding decision as to whether to proceed summarily or by indictment prior to the defendant making his or her plea. If the Crown elects to proceed summarily and the defendant then pleads not guilty , the Crown cannot change its election. Therefore, the Crown is not in a position to offer to proceed summarily in exchange for a guilty plea. Canadian judges are not bound by the Crown's sentencing recommendations and could impose harsher (or more lenient) penalties. Therefore,
476-650: A constitutional right). If the defendant does not win on appeal the agreement is carried out; if the defendant is successful on appeal the bargain is terminated. The defendant in Doggett v. United States made such a bargain, reserving the right to appeal solely on the grounds that he was not given a speedy trial as required by the United States Constitution; Doggett's claim was upheld by the United States Supreme Court and he
595-442: A dark psychological analysis of a fictionalized Al Capone . These films chronicle the quick rise, and equally quick downfall, of three young, violent criminals, and represent the genre in its purest form before moral pressure would force it to change and evolve. Though the gangster in each film would face a violent downfall which was designed to remind the viewers of the consequences of crime, audiences were often able to identify with
714-448: A defendant who believes that conviction is almost certain, a discount to the sentence is more useful than an unlikely chance of acquittal. The prosecutor secures a conviction while avoiding the need to commit time and resources to trial preparation and a possible trial. Plea bargaining similarly helps preserve money and resources for the court in which the prosecution occurs. It also means that victims and witnesses do not have to testify at
833-513: A degree of certainty for all parties involved. The practice of plea bargaining has spread globally but varies significantly based on local legal traditions and regulations. In some jurisdictions, the judiciary retains the final authority to approve or reject plea agreements, ensuring that any proposed sentence aligns with public interest and justice standards. Despite its efficiency, the use of plea bargains remains controversial, particularly when weighed against principles of transparency, fairness, and
952-505: A diverse range of criminal enterprises including drug and arms trafficking . The people of the mountainous country of Albania have always had strong traditions of family and clan loyalty, in some ways similar to that of southern Italy. Ethnic Albanian gangs have grown rapidly since 1992 during the prolonged period of instability in the Balkans after the collapse of Yugoslavia. This coincided with large scale migration throughout Europe and to
1071-421: A flat fee for representing a client, or may not receive additional money for taking a case to trial, creating an incentive for the defense attorney to settle a case to increase profits or to avoid a financial loss. A prosecutor may want to maintain a high conviction rate or avoid a losing high-profile trials, creating the potential that they will enter into a plea bargain that furthers their interests but reduces
1190-653: A formal legal provision was introduced in Pakistan by the National Accountability Ordinance 1999, an anti-corruption law. A special feature of this plea bargain is that the accused applies for it, accepting guilt, and offers to return the proceeds of corruption as determined by investigators and prosecutors. After an endorsement by the Chairman National Accountability Bureau, the request is presented before
1309-414: A government official. In other cases, formal plea bargains in Pakistan are limited, but the prosecutor has the authority to drop a case or a charge in a case and, in practice, often does so, in return for a defendant pleading guilty on some lesser charge. No bargaining takes place over the penalty, which is the court's sole privilege. Plea bargaining is a significant part of the criminal justice system in
SECTION 10
#17327732938791428-652: A guy.... My days with Valachi convinced me that the Cosa Nostra was the most overrated thing since the Communist Party ." In October 1963, Valachi testified before Arkansas Senator John L. McClellan 's Permanent Subcommittee on Investigations of the U.S. Senate Committee on Government Operations , known as the Valachi hearings , stating that the Italian-American Mafia actually existed,
1547-413: A judge routinely disregards joint submissions, that judge would compromise the ability of the Crown to offer meaningful incentives for defendants to plead guilty. Defence lawyers would become reluctant to enter into joint submissions if they were thought to be of little value with a particular judge, which would thus result in otherwise avoidable trials. For these reasons, Canadian judges will normally impose
1666-485: A legitimate government. The term " organized crime " is associated with gangs and gangsters, but is not synonymous. A small street gang that engages in sporadic low-level crime would not be seen as "organized". An organization that coordinates gangs in different countries involved in the international trade in drugs or prostitutes may not be considered a "gang". There are several organized crime groups in Italy . Notably,
1785-571: A lesser offense, or sentence bargaining , where the expected sentence is agreed upon before a guilty plea. In addition, count bargaining involves pleading guilty to a subset of multiple charges. While plea bargaining can reduce the burden on courts and offer defendants a chance for lighter sentences, it has been subject to criticism. Detractors argue that it may encourage defendants, including the innocent, to plead guilty out of fear of harsher penalties if convicted at trial. Proponents, however, emphasize its role in conserving judicial resources and providing
1904-451: A lesser offense. As a result, people who might have been acquitted because of lack of evidence, but also who are in fact truly innocent, will often plead guilty to the charge. Why? In a word, fear. And the more numerous and serious the charges, studies have shown, the greater the fear. That explains why prosecutors sometimes seem to file every charge imaginable against defendants. This tactic is prohibited in some other countries—for example in
2023-503: A long way to assure that a plea bargain is struck". Prosecutors often have great power to procure a desired level of incentive, as they select the charges to be presented. For this reason, [P]lea bargains are just as likely in strong and weak cases. Prosecutors only need to adjust the offer to the probability of conviction in order to reach an agreement. Thus, weaker cases result in more lenient plea bargains, and stronger ones in relative harshness, but both result in an agreement. [... W]hen
2142-830: A new driver by the Minutemen and so he formed a new burglary gang. In 1930, Valachi was inducted as a made man into the American Mafia . He soon became a soldato (soldier) in the Reina family, now known as the Lucchese family , led by Gaetano Reina . Valachi joined during the height of the Castellammarese War , a violent power struggle within Italian organized crime between the factions of Joe Masseria and Salvatore Maranzano over control of operations in
2261-703: A plea bargain and plead guilty is contentious and has been subjected to considerable research. Much research has focused on the relatively few actual cases where innocence was subsequently proven, such as successful appeals for murder and rape based upon DNA evidence , which tend to be atypical of trials as a whole (being by their nature only the most serious kinds of crime). Other studies have focused on presenting hypothetical situations to subjects and asking what choice they would make. More recently some studies have attempted to examine actual reactions of innocent persons generally, when faced with actual plea bargain decisions. A study by Dervan and Edkins (2013) attempted to recreate
2380-470: A plea bargain as being within the interests of justice. The lack of compulsory prosecution also gives prosecutors greater discretion as well as the inability of crime victims to mount a private prosecution and their limited ability to influence plea agreements. Defendants who are held in custody—who either do not have the right to bail or cannot afford bail, or who do not qualify for release on their own recognizance—may get out of jail immediately following
2499-534: A prosecutor has only a 25% chance of winning his case and sending a defendant away to prison for 10 years, they may make a plea agreement for a sentence of one year; but if plea bargaining is unavailable, a prosecutor may drop the case completely. In Canada, the courts always have the final say with regard to sentencing. Nevertheless, plea bargaining has become an accepted part of the criminal justice system although judges and Crown attorneys are often reluctant to refer to it as such. In most Canadian criminal proceedings,
SECTION 20
#17327732938792618-460: A real-life controlled plea bargain situation, rather than merely asking theoretical responses to a theoretical situation—a common approach in previous research. It placed subjects in a situation where an accusation of academic fraud (cheating) could be made, of which some subjects were in fact by design actually guilty (and knew this), and some were innocent but faced seemingly strong evidence of guilt and no verifiable proof of innocence. Each subject
2737-469: A reputation as a rising star in the New York City criminal underworld. In 1921, Valachi was arrested on grand larceny charges, and in 1923, he was arrested in the aftermath of a botched robbery. He pleaded guilty to attempted burglary and was sentenced to 18 months imprisonment at Sing Sing but was released after he had served only nine months. Valachi returned to discover he had been replaced with
2856-493: A sentence within the range of any joint submission. Following a Supreme Court of Canada ruling that imposes strict time limits on the resolution of criminal cases (eighteen months for cases in provincial court and thirty months for cases in Superior Court), several provinces have initiated and intensified measures intended to maximize the number of minor criminal cases resolved by a plea bargain. Largely particular to
2975-871: A shared criminal subculture or code, include the Camorra in Naples and Campania and the Ndrangheta in Calabria . Organized crime has existed in Russia since the days of Imperial Russia in the form of banditry and thievery. Joseph Stalin , who emerged as the absolute dictator of the Soviet Union had previously founded the Outfit, a criminal gang that were involved with armed robberies , racketeering , assassinations , arms procurement and child couriering . In
3094-454: A story of Genovese giving him a kiss on the cheek, which he took as a " kiss of death ." Valachi claimed a $ 100,000 bounty had been placed for his death by Genovese. When Valachi decided to co-operate with the U.S. Justice Department , Attorney William G. Hundley became his protector and later stated, "We'd put dark glasses and wigs on him and take him to the Roma restaurant. He was a hell of
3213-412: A term derived from mob and the suffix -ster . Gangs provide a level of organization and resources that support much larger and more complex criminal transactions than an individual criminal could achieve. Gangsters have been active for many years in countries around the world. Gangsters are the subject of many novels, films, television series, and video games. In modern usage, the term " gang "
3332-486: Is coercive. Like the medieval Europeans, the Americans are now operating a procedural system that engages in condemnation without adjudication. Theoretical work based on the prisoner's dilemma is one reason that, in many countries, plea bargaining is forbidden. Often, precisely the prisoner's dilemma scenario applies: it is in the interest of both suspects to confess and testify against the other suspect, irrespective of
3451-561: Is generally used for a criminal organization and the term "gangster" invariably describes a criminal. Much has been written on the subject of gangs, although there is no clear consensus about what constitutes a gang or what situations lead to gang formation and evolution. There is agreement that the members of a gang have a sense of common identity and belonging and this is typically reinforced through shared activities and through visual identifications such as special clothing, tattoos, colors, or rings. Some preconceptions may be false. For example,
3570-424: Is in the case of a defendant who cannot raise bail, and who is being held in custody in a jail or detention facility. Because it may take months, or even years, for criminal cases to come to trial or even indictment in some jurisdictions, an innocent defendant who is offered a plea bargain that includes a sentence of less time than they would otherwise spend in jail awaiting an indictment or a trial may choose to accept
3689-469: Is innocent even though they presented a full confession. Also, unlike common law systems, prosecutors in civil law countries may have limited or no power to drop or reduce charges after a case has been filed, and in some countries their power to drop or reduce charges before a case has been filed is limited, making plea bargaining impossible. Since the 1980s, some civil law nations have adapted their systems to allow for plea bargaining. In 2013 Brazil passed
Joseph Valachi - Misplaced Pages Continue
3808-537: Is presented as a moral outcome, it is usually seen as no more than an accidental failure. The gangster is typically articulate, although at times lonely and depressed, and his worldly wisdom and defiance of social norms has a strong appeal, particularly to adolescents. The years 1931 and 1932 saw the genre produce three classics: Warner Bros. ' Little Caesar and The Public Enemy , which made screen icons out of Edward G. Robinson and James Cagney , and Howard Hughes ' Scarface starring Paul Muni , which offered
3927-424: Is that the prosecutor is persuaded to agree to a plea or a basis that is not in the public interest and interests of justice because it does not adequately reflect the seriousness of the offending ... Any plea agreement must reflect the seriousness and extent of the offending and give the court adequate sentencing powers. It must consider the impact of an agreement on victims and also the wider public, whilst respecting
4046-524: Is then broken down into smaller loads for smuggling across the U.S.–Mexico border . Arrests of key gang leaders, particularly in the Tijuana and Gulf cartels, have led to increasing drug violence as gangs fight for control of the trafficking routes into the United States. Cocaine traffickers from Colombia, and recently Mexico, have also established a labyrinth of smuggling routes throughout
4165-524: The Afghan and First and Second Chechen Wars , now unemployed but with experience that could prove useful in crime, joined the increasing crime wave. At first, the Vory v Zakone played a key role in arbitrating the gang wars that erupted in the 1990s. By the mid-1990s it was believed that "Don" Semion Mogilevich had become the "boss of all bosses" of most Russian Mafia syndicates in the world, described by
4284-656: The Caribbean , the Bahama Island chain, and South Florida. They often hire traffickers from Mexico or the Dominican Republic to transport the drug. The traffickers use a variety of smuggling techniques to transfer their drug to U.S. markets. These include airdrops of 500–700 kg in the Bahama Islands or off the coast of Puerto Rico , mid-ocean boat-to-boat transfers of 500–2,000 kg, and
4403-558: The Five Families founded in the early 20th century, outlasted its founders and have survived into the 21st century. Large and well structured gangs such as the Mafia , drug cartels , Triads , Crips , Bloods , or even outlaw motorcycle gangs can undertake complex transactions that would be far beyond the capability of one individual, and can provide services such as dispute arbitration and contract enforcement that parallel those of
4522-579: The Prohibition era of the 1920s and 1930s. The classic gangster movie ranks with the Western as one of the most successful creations of the American movie industry. The "classic" form of gangster movie, rarely produced in recent years, tells of a gangster working his way up through his enterprise and daring, until his organization collapses while he is at the peak of his powers. Although the ending
4641-606: The Qing dynasty , which were given the triangle as their emblem. The first record of a triad society, Heaven and Earth Gathering , dates to the Lin Shuangwen uprising on Taiwan from 1786 to 1787. The triads evolved into criminal societies. When the Chinese Communist Party came to power in 1949 in mainland China, law enforcement became stricter and tough governmental crackdown on criminal organizations forced
4760-670: The Rizzuto crime family . The terms "gangster" and "mobster" are mostly used in the United States to refer to members of criminal organizations associated with Prohibition . In 1920, the Eighteenth Amendment of the United States Constitution banned the sale, manufacture, and transportation of alcohol for consumption. Many gangs sold alcohol illegally for profit, and used acute violence to stake turf and protect their interest. Often, police officers and politicians were paid off or extorted to ensure continued operation. Al Capone
4879-576: The Sentencing Council typically require that they receive a discount on the sentence, with the amount of discount depending on the timing: The discount can sometimes involve changing the type of punishment, such as substituting a prison sentence for community service . For some offences where a mandatory minimum sentence applies, section 73 of the Sentencing Act 2020 permits the sentence to be reduced this way up to 20 percent below
Joseph Valachi - Misplaced Pages Continue
4998-533: The Sicilian Mafia , or Cosa Nostra is a criminal syndicate that emerged in the mid-nineteenth century in Sicily, Italy . It is a loose association of criminal groups that share common organizational structure and code of conduct . The origins lie in the upheaval of Sicily's transition out of feudalism in 1812 and its later annexation by mainland Italy in 1860. Under feudalism, the nobility owned most of
5117-882: The Whyos and the Dead Rabbits . These were followed by the Italian Five Points Gang and later a Jewish gang known as the Eastman Gang . There were also " Nativist " anti-immigration gangs such as the Bowery Boys . The Italian-American Mafia arose from offshoots of the Mafia that emerged in the United States during the late 19th century, following waves of emigration from Sicily. There were similar offshoots in Canada among Italian Canadians , such as
5236-406: The right to a full trial . Plea bargaining has been defended as a voluntary exchange that leaves both parties better off, in that defendants have many procedural and substantive rights, including a right to trial and to appeal a guilty verdict. By pleading guilty, defendants waive those rights in exchange for a commitment from the prosecutor, such as a reduced charge or more favorable sentence. For
5355-540: The 1970s and 1980s. It was founded and run by Ochoa Vázquez brothers with Pablo Escobar . By 1993, the Colombian government, helped by the US, had successfully dismantled the cartel by imprisoning or hunting and gunning down its members. Although Mexican drug cartels, or drug trafficking organizations, have existed for several decades, they have become more powerful since the demise of Colombia's Cali and Medellín cartels in
5474-465: The 1980s. In the late 1980s and early 1990s there was a surge of imports of action movies from Hong Kong. The first of the new wave of important home grown gangster movies was Im Kwon-taek 's General's Son (1990). Although this movie followed the earlier tradition, it was followed by a series of sophisticated gangster noirs set in contemporary urban locations, such as A Bittersweet Life (2005). Plea bargain A plea bargain , also known as
5593-404: The 1990s. Mexican drug cartels now dominate the wholesale illicit drug market in the United States. Sixty five percent of cocaine enters the United States through Mexico, and the vast majority of the rest enters through Florida. Cocaine shipments from South America transported through Mexico or Central America are generally moved over land or by air to staging sites in northern Mexico. The cocaine
5712-403: The American justice system serve to promote plea bargaining. For example, the adversarial nature of the U.S. criminal justice system puts judges in a passive role, in which they have no independent access to information with which to assess the strength of the case against the defendant. The prosecutor and defense may thus control the outcome of a case through plea bargaining. The court must approve
5831-580: The British government as "one of the most dangerous men in the world". More recently, criminals with stronger ties to big business and the government have displaced the Vory from some of their traditional niches, although the Vory are still strong in gambling and the retail trade. The Albanian Mafia is active in Albania , the United States, and the European Union (EU) countries, participating in
5950-478: The Canadian justice system is that further negotiations concerning the final disposition of a criminal case may also arise even after a sentence has been passed. This is because in Canada the Crown has (by common law standards) a very broad right to appeal acquittals, and also a right to appeal for harsher sentences except in cases where the sentence imposed was maximum allowed. Therefore, in Canada, after sentencing
6069-416: The Crown has the ability to recommend a lighter sentence than it would seek following a guilty verdict in exchange for a guilty plea. Like other common law jurisdictions, the Crown can also agree to withdraw some charges against the defendant in exchange for a guilty plea. This has become standard procedure for certain offences such as impaired driving . In the case of hybrid offences , the Crown must make
SECTION 50
#17327732938796188-431: The Crown and the defence will often make a joint submission with respect to sentencing. While a joint submission can entail both the Crown and defence recommending exactly the same disposition of a case, this is not common except in cases that are sufficiently minor that the Crown is willing to recommend a discharge . In more serious cases, a joint submission normally call for a sentence within relatively narrow range, with
6307-410: The Crown arguing for a sentence at the upper end of the range and the defence arguing for a sentence at the lower end, so as to maintain the visibility of the judge's ability to exercise discretion. Judges are not bound to impose a sentence within the range of a joint submission, and a judge's disregard for a joint submission is not in itself grounds for the sentence to be altered on appeal. However, if
6426-485: The Mafia , operations and rituals; aided in the solution of several unsolved murders; and named many members and the major crime families. The trial exposed American organized crime to the world through Valachi's televised testimony. After the Justice Department first encouraged and then blocked publication of Valachi's memoirs, a biography, heavily influenced by the memoirs as well as interviews with Valachi,
6545-537: The Sentencing Council stresses that the prosecution should accept such a plea only if it enables the court to impose a sentence and make other ancillary orders that are appropriate for the seriousness of the offence, and never merely for the sake of convenience. The prosecution must also take the victims' views into account. In cases before the Crown Court, the defendant can request an indication from
6664-492: The United Kingdom the prosecutor's code states: Prosecutors should never go ahead with more charges than are necessary just to encourage a defendant to plead guilty to a few. In the same way, they should never go ahead with a more serious charge just to encourage a defendant to plead guilty to a less serious one. although it adds that in some kinds of complex cases such as major fraud trials: The over-riding duty of
6783-571: The United States and Canada. Although based in Albania, the gangs often handle international transactions such as trafficking in economic migrants, drugs and other contraband, and weapons. Other criminal organizations that emerged in the Balkans around this time are popularly called the Serbian Mafia , Bosnian Mafia , Bulgarian Mafia , and so on. In China, Triads trace their roots to resistance or rebel groups opposed to Manchu rule during
6902-500: The United States being the world's largest consumer of cocaine. Colombia is the world's leading producer of cocaine , and also produces heroin that is mostly destined for the US market. The Medellín Cartel was an organized network of drug suppliers and smugglers originating in the city of Medellín , Colombia. The gang operated in Colombia, Bolivia , Peru , Central America, the United States, as well as Canada and Europe throughout
7021-461: The United States often joined these tongs. With a new wave of migration in the 1960s, street gangs began to flourish in major cities. The Tongs recruited these gangs to protect their extortion, gambling and narcotics operations. As American society and culture developed, new immigrants were relocating to the United States. The first major gangs in 19th century New York City were the Irish gangs such as
7140-422: The United States. Reina was assassinated after he had switched allegiances from Masseria to Maranzano. Valachi fought as part of the Reina family on the side of Maranzano, which eventually emerged victorious after Masseria's assassination on April 15, 1931. Maranzano proclaimed himself capo di tutti i capi ("boss of all bosses") in the Italian-American Mafia, and Valachi became one of his bodyguards. That position
7259-414: The United States; the vast majority (roughly 90%) of criminal cases in the United States are settled by plea bargain rather than by a jury trial . Plea bargains are subject to the approval of the court, and different states and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in
SECTION 60
#17327732938797378-488: The acclaimed director Wong Kar-wai was a gangster movie, As Tears Go By . In it the protagonist finds himself torn between his desire for a woman and his loyalty to a fellow gangster. Infernal Affairs (2002) is a thriller about a police officer who infiltrates a triad and a triad member who infiltrates the police department. The film was remade by Martin Scorsese as The Departed . Gangster films make up one of
7497-661: The bosses of the most powerful families would have equal say and vote on important matters and solve disputes between families. This group ruled over the National Crime Syndicate and brought in an era of peace and prosperity for the American Mafia. Most cocaine is grown and processed in South America, particularly in Colombia , Bolivia , Peru , and smuggled into the United States and Europe,
7616-409: The case is weak, the parties must rely on charge bargaining ... But [charge bargaining] is hardly an obstacle. Charge bargaining in weak cases is not the exception; it is the norm all around the country. Thus, even if the evidence against innocent defendants is, on average, weaker, the likelihood of plea bargains is not dependent on guilt. Another situation in which an innocent defendant may plead guilty
7735-420: The case of either way offences , the decision whether to deal with a case in a magistrates' court or the Crown Court is not made by magistrates until after a plea has been entered. A defendant is thus unable to plead guilty in exchange for having a case dealt with in magistrates' court (which has lesser sentencing powers). Where the defendant pleads guilty or indicates an intention to do so, the guidelines set by
7854-433: The charge sheet or indictment and deny others, and the prosecution may agree to accept this plea and drop the denied charges; such an agreement will generally be accepted by the court as it serves the public interest, as well as the defendant's and victims' interests, to avoid the expense and stress of a trial. The defendant may also plead guilty on the basis of accepted facts that may affect sentencing while denying others, but
7973-463: The charismatic anti-hero. Those suffering from the Depression were able to relate to the gangster character who worked hard to earn his place and success in the world, only to have it all taken away from him. Latin American gangster movies are known for their gritty realism. Soy un delincuente (English: I Am a Criminal) is a 1976 Venezuelan film by director Clemente de la Cerda. The film tells
8092-473: The commercial shipment of tonnes of cocaine through the port of Miami. Another route of cocaine traffic goes through Chile, this route is primarily used for cocaine produced in Bolivia since the nearest seaports lie in northern Chile. The arid Bolivia-Chile border is easily crossed by 4x4 vehicles that then head to the seaports of Iquique and Antofagasta . Gangs have long been the subject of movies. In fact,
8211-469: The common view that illegal drug distribution in the United States is largely controlled by gangs has been questioned. A gang may be a relatively small group of people who cooperate in criminal acts, as with the Jesse James gang, which ended with the leader's death in 1882. However, a gang may also be a larger group with a formal organization that survives the death of its leader. For example, each of
8330-536: The court rejected his plea and accepted the CBI 's argument that the accused was facing serious charges of corruption. Finally, the court convicted Bandekar and sentenced him to three years' imprisonment. In December 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) was passed, to replace Code of Criminal Procedure by July 2024, which allows first time offender to be given relaxed punishment (one-fourth and one-sixth of such punishment) in plea bargaining. Plea bargaining as
8449-423: The court, which decides whether it should be accepted or not. If the request for plea bargain is accepted by the court, the accused stands convicted but neither is sentenced if in trial nor undergoes any sentence previously pronounced by a lower court if in appeal. The accused is disqualified to take part in elections, hold any public office, or obtain a loan from any bank; the accused is also dismissed from service if
8568-405: The court; the prosecutor's recommendation is merely advisory, and the defendant cannot withdraw their plea if the court decides to impose a sentence other than what was stipulated in the agreement. An 11(c)(1)(C) agreement, however, binds the court once the court accepts the agreement. When such an agreement is proposed, the court can reject it if it disagrees with the proposed sentence, in which case
8687-418: The defence sometimes has an incentive to try to persuade the Crown to not appeal a case, in exchange for the defence also declining to appeal. While, strictly speaking, this is not plea bargaining, it is done for largely the same reasons. In England and Wales, plea bargaining, in the sense of seeking a particular sentence in exchange for dropping some charges, is not permitted; only the judge or magistrates have
8806-555: The defendant has an opportunity to withdraw their plea. Plea bargains are so common in the Superior Courts of California (the general trial courts) that the Judicial Council of California has published an optional seven-page form (containing all mandatory advisements required by federal and state law) to help prosecutors and defense attorneys reduce such bargains into written plea agreements. Certain aspects of
8925-585: The end of the '60s and the beginning of the '80s, with the closure of the film depicting the war between the drug dealer Li'l Zé and criminal Knockout Ned . The film received four Academy Award nominations in 2004. The first yakuza (gangster) film made in Japan was Bakuto (Gambler, 1964). The genre soon became popular, and by the 1970s the Japanese film industry was turning out a hundred mostly low-budget yakuza films each year. The films are descendants of
9044-652: The expected sanction would be worse if they proceeded to trial. The study concluded that "[t]his somewhat counterintuitive 'cost of innocence', where the preferences of innocents lead them collectively to fare worse than their guilty counterparts, is further increased by the practice of imposing much harsher sentences at trial on defendants who contest the charges. This ' trial penalty ' seeks to facilitate guilty pleas by guilty defendants [...and ironically...] disproportionately, collectively, penalizes innocents, who reject on fairness grounds some offers their guilty counterparts accept." The extent to which innocent people will accept
9163-408: The federal courts. A two- or three-level offense level reduction is usually available for those who accept responsibility by not holding the prosecution to the burden of proving its case; this usually amounts to a complete sentence reduction had they gone to trial and lost. The Federal Rules of Criminal Procedure provide for two main types of plea agreements. An 11(c)(1)(B) agreement does not bind
9282-486: The first feature-length movie ever produced was The Story of the Kelly Gang (1906), an Australian production that traced the life of the outlaw Ned Kelly (1855–1880). The United States has profoundly influenced the genre, but other cultures have contributed distinctive and often excellent gangster movies. The stereotypical image and myth of the American gangster is closely associated with organized crime during
9401-450: The first time a member had acknowledged its existence in public. Valachi's testimony was the first major violation of omertà , breaking his blood oath . He was the first member of the Italian-American Mafia to acknowledge its existence publicly, and is credited with the popularization of the term cosa nostra . Although Valachi's disclosures never led directly to the prosecution of any Mafia leaders, he provided many details of history of
9520-499: The government during a criminal plea negotiation, innocent defendants are highly risk-averse. More pressure to plea bargain may be applied in weak cases (where there is less certainty of both guilt and jury conviction) than strong cases. Prosecutors tend to be strongly motivated by conviction rates, and "there are many indications that prosecutors are willing to go a long way to avoid losing cases, [and that] when prosecutors decide to proceed with such weak cases they are often willing to go
9639-645: The innocence of the accused. Arguably, the worst case is when only one party is guilty: here, the innocent one has no incentive to confess, while the guilty one has a strong incentive to confess and give testimony (including false testimony ) against the innocent. A 2009 study by the European Association of Law and Economics observed that innocent defendants are consistently more likely than guilty defendants to reject otherwise-favorable pleas proposals, even when theoretically disadvantageous to do so, because of perceived unfairness, and would do so even if
9758-446: The judge of the likely maximum sentence that would be imposed should the defendant decide to plead guilty. Following the rule in R v Goodyear , it is only appropriate to give such an indication if requested by the defence with the defendant's written authorization; such indication is treated as binding on the court, but only if the defendant actually pleads guilty, and cannot prevent the sentence being appealed as unduly lenient . In
9877-399: The judge's acceptance of a plea. Generally, once a plea bargain is made and accepted by the courts, the matter is final and cannot be appealed. However, a defendant may withdraw his plea for certain legal reasons, and a defendant may agree to a "conditional" plea bargain, whereby they plead guilty and accept a sentence, but reserve the right to appeal a specific matter (such as violation of
9996-446: The land and enforced law and order through their private armies. After 1812, the feudal barons steadily sold off or rented their lands to private citizens. Primogeniture was abolished, land could no longer be seized to settle debts, and one fifth of the land was to become private property of the peasants. Other similarly large and powerful Italian criminal organizations, often composed of smaller gangs or "clans" generally operating under
10115-484: The mainstream movies in the genre deal with Triad societies portrayed as quasi-benign organizations. The movie gangster applies the Taoist principles of balance and honor to his conduct. The plots are often similar to those of Hollywood gangster movies, often ending with the fall of the subject of the movie at the hands of another gangster, but such a fall is far less important than a fall from honor. The first movie made by
10234-541: The maximum punishment is imprisonment for seven years or less; however, offenses affecting the socio-economic condition of the country and offenses committed against a woman or a child below 14 are excluded. In 2007, the Sakharam Bandekar case became the first such case in India where the accused, Sakharam Bandekar, requested lesser punishment in return for confessing to his crime (using plea bargaining). However,
10353-538: The mid- Edo period : tekiya , those who primarily peddled illicit, stolen or shoddy goods; and bakuto , those who were involved in or participated in gambling. In the late 1860s, many Chinese emigrated to the United States, escaping from insecurity and economic hardship at home, at first working on the west coast and later moving east. The new immigrants formed Chinese Benevolent Associations. In some cases these evolved into Tongs , or criminal organizations primarily involved in gambling. Members of Triads who migrated to
10472-476: The minimum. Section 73 requires the court to take into account the circumstances under which an indication to plead guilty was made in addition to its timing. Plea bargaining was introduced in India by The Criminal Law (Amendment) Act, 2005 , which amended the Code of Criminal Procedure and introduced a new chapter, XXI(A), in the code, enforceable from July 5, 2006. It allows plea bargaining for cases in which
10591-485: The most profitable segments of the South Korean film industry. Films made in the 1960s were often influenced by Japanese yakuza films, dealing with internal conflict between members of a gang or external conflict with other gangs. The gangsters' code of conduct and loyalty are important elements. Starting in the 1970s, strict censorship caused decline in the number and quality of gangster movies, and none were made in
10710-472: The murder of mobster Steven Franse. Genovese had given Franse the task of supervising his wife Anna while he hid in Italy. Outraged over Anna's potential love affairs and her lawsuit against him, Genovese ordered Valachi to set up Franse's murder. On June 18, 1953, Valachi lured Franse to his restaurant in the Bronx, where Franse was strangled to death by Pasquale Pagano and Fiore Siano (Valachi's nephew). Valachi
10829-515: The other by Salvatore Maranzano . This caused the Castellammarese War , which led to Masseria's murder in 1931. Maranzano then divided New York City into five families . Maranzano, the first leader of the American Mafia, established the code of conduct for the organization, set up the "family" divisions and structure, and established procedures for resolving disputes. In an unprecedented move, Maranzano set himself up as boss of all bosses and required all families to pay tribute to him. This new role
10948-442: The period of Soviet Union , Vory v Zakone emerged, a class of criminals that had to abide by certain rules in the prison system. One such rule was that cooperation with the authorities of any kind was forbidden. During World War II some prisoners made a deal with the government to join the armed forces in return for a reduced sentence, but upon their return to prison they were attacked and killed by inmates who remained loyal to
11067-457: The plea arrangement and plead guilty. Agency problems may arise in plea bargaining as, although the prosecutor represents the people and the defense attorney represents the defendant, these agents' goals may not be congruent with those of their principles. For example, prosecutors and defense attorneys may seek to maintain good relations with one another, creating a potential conflict with the parties they represent. A defense attorney may receive
11186-682: The plea-bargain and plead guilty, for reasons including avoiding formal quasi-legal processes, uncertainty, possibility of greater harm to personal future plans, or deprivation of home environment due to remedial courses. The authors stated: Previous research has argued that the innocence problem is minimal because defendants are risk-prone and willing to defend themselves before a tribunal. Our research, however, demonstrates that when study participants are placed in real, rather than hypothetical, bargaining situations and are presented with accurate information regarding their statistical probability of success, just as they might be so informed by their attorney or
11305-404: The potential of the prosecution and sentence to deter crime. Prosecutors may also make charging decisions that significantly affect a defendant's sentence, and may file charges or offer plea deals that cause even an innocent defendant to consider or accept a plea bargain. Another argument against plea bargaining is that it may not actually reduce the costs of administering justice. For example, if
11424-428: The power to determine sentence, and an agreement between the prosecution and defence cannot bind the court. The Crown Prosecution Service is required to prosecute an offence only where there is a realistic prospect of conviction, so greater charges cannot lawfully be used in bad faith to intimidate the defendant into accepting the charge actually sought. A defendant is permitted to plead guilty to some charges listed on
11543-406: The prosecution and the defence over criminal penalties. Plea bargaining is extremely difficult in jurisdictions based on the civil law . This is because, unlike common law systems, civil law systems have no concept of plea : if the defendant confesses, a confession is entered into evidence, but the prosecution is not absolved of the duty to present a full case. A court may decide that a defendant
11662-405: The prosecutor is ... to see that justice is done. The procedures must command public and judicial confidence. Many defendants in serious and complex fraud cases are represented by solicitors experienced in commercial litigation, including negotiation. This means that the defendant is usually protected from being put under improper pressure to plead. The main danger to be guarded against in these cases
11781-407: The region of Campania . His father was a violent alcoholic , and Valachi later blamed his background for his having turned to organized crime . Valachi's criminal career began with a small gang, known as the Minutemen, which was so called for carrying out smash-and-grab burglaries and escaping within a minute. Valachi was the driver for the gang, and his ability to make a quick getaway earned him
11900-418: The resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide. Plea bargains can take different forms, such as charge bargaining , where a defendant pleads guilty to
12019-406: The rights of defendants. John H. Langbein argues that the modern American system of plea bargaining is comparable to the medieval European system of torture : There is, of course, a difference between having your limbs crushed if you refuse to confess, or suffering some extra years of imprisonment if you refuse to confess, but the difference is of degree, not kind. Plea bargaining, like torture,
12138-705: The rules of the thieves. In 1988, the Soviet Union legalized private enterprise but did not provide regulations to ensure the security of market economy. Crude markets emerged, the most notorious being the Rizhsky market where prostitution rings were run next to the Rizhsky Railway Station in Moscow. As the Soviet Union headed for collapse many former government workers turned to crime, while others moved overseas. Former KGB agents and veterans of
12257-430: The samurai epics, and are closer to Westerns than to Hollywood gangster movies. The hero is typically torn between compassion for the oppressed and his sense of duty to the gang. The plots are generally highly stylized, starting with the protagonist being released from prison and ending in a gory sword fight in which he dies an honorable death. Although some Hong Kong gangster movies are simply vehicles for violent action,
12376-422: The sentence is customarily given in exchange for an early guilty plea, but this concession is expected to be granted by the judge as a way of recognizing the utilitarian value of an early guilty plea to the justice system - it is never negotiated with a prosecutor. The courts in these jurisdictions have made it plain that they will always decide what the appropriate penalty is to be. No bargaining takes place between
12495-407: The story of Ramón Antonio Brizuela, a real-life individual, who since childhood has to deal with rampant violence and the drugs, sex and petty thievery of a Caracas slum. Starting with delinquency, Ramón moves on to serious gang activity and robberies. He grows into a tough, self-confident young man who is hardened to violence. His views change when his fiancée's brother is killed in a robbery. The film
12614-668: The triads to migrate to Hong Kong, then a British colony, and other cities around the world. Triads today are highly organized, with departments responsible for functions such as accounting, recruiting, communications, training and welfare in addition to the operational arms. They engage in a variety of crimes including extortion, money laundering, smuggling, trafficking and prostitution. Yakuza are members of traditional organized crime syndicates in Japan. They are notorious for their strict codes of conduct and very organized nature. As of 2009 they had an estimated 80,900 members. Most modern yakuza derive from two classifications which emerged in
12733-510: The trial, which in some cases may be traumatic. Plea bargaining is criticized, particularly outside the United States, on the grounds that its close relationship with rewards, threats and coercion potentially endanger the correct legal outcome. Author Martin Yant discusses the use of coercion in plea bargaining: Even when the charges are more serious, prosecutors often can still bluff defense attorneys and their clients into pleading guilty to
12852-546: Was a blockbuster hit in Venezuela. City of God ( Portuguese : Cidade de Deus ) is a 2002 Brazilian crime drama film directed by Fernando Meirelles and co-directed by Kátia Lund , released in its home country in 2002 and worldwide in 2003. All the characters existed in reality, and the story is based on real events. It depicts the growth of organized crime in the Cidade de Deus suburb of Rio de Janeiro , between
12971-400: Was a hitman sent by Genovese, and was sentenced to life imprisonment. Valachi subsequently became an informant and government witness, and the next year testified before a U.S. Senate committee in what became known as the Valachi hearings . He disclosed previously unknown information about the Italian-American Mafia, including its structure, operations, rituals, and membership. His testimony
13090-599: Was buried four days later at the Gate of Heaven Cemetery in Lewiston, New York . Valachi was introduced to Jackson by a mutual friend, and it is rumored that she was his mistress. It was later learned that Valachi had listed her as his executor and beneficiary. Valachi and Jackson are buried alongside each other. Mobster A gangster is a criminal who is a member of a gang . Most gangs are considered to be part of organized crime . Gangsters are also called mobsters ,
13209-413: Was convicted of narcotics violations in 1959 and sentenced to 15 years in prison. Valachi's motivations for becoming an informer had been the subject of some debate: Valachi claimed to be testifying as a public service and to expose a powerful criminal organization that he had blamed for ruining his life. However, it also possible he was hoping for government protection as part of a plea bargain in which he
13328-458: Was freed. In some common law jurisdictions, such as Singapore and the Australian state of Victoria , plea bargaining is practiced only to the extent that the prosecution and the defense can agree that the defendant will plead guilty to some charges or to reduced charges in exchange for the prosecutor withdrawing the remaining or more serious charges. In New South Wales , a 10-25% discount on
13447-592: Was one of these notorious gangsters during the Depression era for the Chicago Outfit . Capone would rise to control a major portion of illicit activity such as gambling, prostitution, and bootlegging in Chicago during the early 20th century. In New York City, by the end of the 1920s, two factions of organized crime had emerged to fight for control of the criminal underworld, one led by Joe Masseria and
13566-501: Was presented with the evidence of guilt and offered a choice between facing an academic ethics board and potentially a heavy penalty in terms of extra courses and other forfeits, or admitting guilt and accepting a lighter "sentence". The study found that as expected from court statistics, around 90% of accused subjects who were actually guilty chose to take the plea-bargain and plead guilty. It also found that around 56% of subjects who were actually innocent (and privately knew it) also take up
13685-421: Was received negatively, and Maranzano was murdered within six months on the orders of Charles "Lucky" Luciano . Luciano was a former Masseria underling who had switched sides to Maranzano and orchestrated the killing of Masseria. As an alternative to the previous despotic Mafia practice of naming a single Mafia boss as capo di tutti capi , or "boss of all bosses," Luciano created The Commission in 1931, where
13804-495: Was sentenced to life imprisonment instead of death for a murder, which he had committed in 1962 while in prison for his narcotics violation. Valachi and Genovese were both serving sentences for heroin trafficking . On June 22, 1962, using a pipe left near some construction work, Valachi bludgeoned an inmate to death whom he had mistaken for Joseph DiPalermo, a Mafia member whom he believed Genovese had contracted to kill him. After time with FBI handlers, Valachi came forward with
13923-542: Was short-lived, as Maranzano himself was assassinated five months after the end of the Castellammarese War by a coalition of his subordinates, led by Charles "Lucky" Luciano . Valachi then became a soldier in the family headed by Luciano, eventually known as the Genovese family , in the crew headed by Anthony "Tony Bender" Strollo . In July 1932, Valachi married Carmela Reina, the eldest daughter of Gaetano Reina. In 1953, boss Vito Genovese allegedly ordered
14042-513: Was the first major violation of omertà , the Mafia's code of silence, and the first concrete evidence that the Italian-American Mafia existed to federal authorities and the general public. Valachi died in prison on April 3, 1971. Valachi was born on September 22, 1904 in the East Harlem area of New York City , United States, to Domenico Villacci and Maria Michela Casale. His parents were impoverished Italian immigrants from Cervinara , in
14161-569: Was written by journalist Peter Maas and published in 1968 as The Valachi Papers , forming the basis for a later film of the same title , starring Charles Bronson in the titular role. On April 3, 1971, Valachi died of a heart attack while he was serving his sentence at the Federal Correctional Institution, La Tuna , in Anthony, Texas . Marie K. Jackson of Niagara Falls, New York , claimed Valachi’s body and he
#878121