On Tuesday, the Supreme Court of the United States found itself deliberating over what constitutes “crime of violence”. This case involves a bookie with mafia connections serving time for orchestrating an attempt at eliminating one of his competitors but contends his conviction should be reversed since there was no physical harm done during his plan.
Salvatore “Fat Sal” Delligatti was sentenced in 2018 for various offenses associated with Genovese Crime Family membership including racketeering and attempted murder.
Delligatti had recruited members of the Crips gang four years earlier to eliminate an illicit sports betting rival who threatened his business; equipping each with a.38 revolver and vehicle for escape. However, law enforcement discovered his phone calls and apprehended these would-be killers close to Queens where their target lived.
Questioning Violence in Murder
Delligatti’s appeal does not pertain to his convictions for racketeering and attempted murder; rather it challenges an additional charge: possessing firearms “furthering crimes of violence.” Through his attorney he contends that, although intended as murder plot, this does not fit within conventional definition of violent crime.
Allon Kedem, Delligatti’s lawyer, contends that not all acts classified as murder involve physical violence; some crimes might take place through inaction or omission which should not be defined as acts of criminal violence.
Kedem asserts that morally objectionable crimes that lead to harm or death due to neglect do not count as violent offenses.
Examining the Nature of Violent Crimes
Supreme Court justices engaged in various hypothetical scenarios to explore this matter further, from lifeguards failing to save swimmers to accidents caused by unaddressed hazards. Some justices expressed reservations with arguments presented as proof.
Justice Amy Coney Barrett found it absurd for murder to be considered nonviolent while Justice Samuel Alito directly challenged whether Delligatti represented an example of dangerous criminality to whom such statutes applied.
Final decisions from the court, expected by summer 2025, should clarify how federal lower courts interpret and apply firearm possession law in relation to violent crimes.
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