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A week ago
The Bottoccellis, an Italian Mafia "family" in Chicago, are involved in a number of criminal enterprises. As part of tradition, it is generally understood that all relatives have an obligation to help the "family" whenever possible. Mario is the 18-year-old nephew of the Mafia boss. He has never discussed any illegal activity directly with his uncle or any other member of the family. One evening, however, a family member is arrested for dealing cocaine. In response, Mario bribes the arresting officer to release his relative and dispose of the evidence against him. The prosecutor believes Mario acted in agreement with other family members and wants to charge Mario with both bribery and conspiracy to commit bribery. Is Mario guilty of conspiracy? Why or why not?
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Criminal Law (Justice Series)
Edition: 2nd
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Answers will vary but student should define conspiracy and explain why Mario is or is not guilty of conspiracy. Conspiracy is an inchoate offense in which an agreement is reached to commit a crime. In many states is often required that the prosecutor prove that those who entered into the agreement actually took some step in furtherance of the agreement—called an overt act. Based on the information provided within the question there is evidence that he conspired with the arresting officer to release his relative. Modern statutes take a "unilateral" approach, which permits the conviction of any person who agrees with another to commit a crime, even if only one party to the agreement breaks the law.
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