Was Tom Hagen a Criminal in The Godfather?

The Godfather is a masterpiece that delves deep into the world of organized crime, family, and corruption. One character who often sparks debate is Tom Hagen, the consigliere to the Corleone family. Is Tom Hagen a criminal in the series?

The Nature of Criminal Activity

The answer to this question is complex and multifaceted. While Tom Hagen did not personally pull the trigger or sell contraband, his role within the family indicates a high degree of involvement in criminal activities. He was an accessory and conspirator in various illegal acts committed by the Corleone family. This role alone classifies him as a criminal, considering the harm and illegal activities that he was involved in, even if indirectly.

Criminal Activity and Legal Privilege

Tom Hagen's role as the family’s legal counselor provided him with a shield of legal privilege. As his lawyer, he could not be indicted for a crime due to solicitor-client privilege. However, this legal immunity does not erase the criminal actions he enabled or facilitated. In essence, he was guilty by association, a principle often applied to those involved in criminal organizations.

The Role of Consigliere and Beyond

Towards the end of his tenure, the role of Tom Hagen as the consigliere became more prominent. He was a key figure in various illegal activities, such as:

Bribing Politicians, Judges, and Police Officers: Tom Hagen involved himself in various corrupt activities, specifically rnnegading the political and judicial system to benefit the family. .pointerDeath of Virgil Sollozzo and Captain Mark McCluskey: Hagen sanctioned the deaths of these two individuals to protect the family from external threats. Harboring a Fugitive: By harboring Michael, who fled after the first scene, Hagen engaged in illegal activities by going beyond his legal defense role. Ordering the Death of a Prostitute: When Michael was absent, Tom Hagen ordered the killing of a prostitute to frame Michael for the crime, involving him in a senseless act of violence.

The RICO Act and Its Impact on Hagen

The RICO (Racketeer Influenced and Corrupt Organizations) Act, although not present during the timeline of The Godfather, sheds light on how Tom Hagen could have been prosecuted. The RICO Act, introduced in 1970, specifically aimed at convictions for those involved with criminal organizations, despite not being directly involved in the criminal acts themselves.

Under the RICO Act, individuals like Tom Hagen would be held accountable for the crimes committed by their organizations. Even though Hagen could not be convicted because of his legal privilege, the RICO Act could have provided a legal basis to charge him or any other member of the Corleone family with participating in a criminal organization. Had Hagen and Michael survived beyond 1970, the RICO Act would have significantly impacted their legal status and potentially their freedom.

In summary, Tom Hagen in The Godfather was indeed a criminal, even if not directly through his hands, due to his involvement in and facilitation of criminal activities. The nature of his role and the legal framework highlight the blurry line between legal privilege and criminal responsibility in the world of organized crime.

Keywords: Tom Hagen, The Godfather, RICO Act