NCJ Number
100671
Date Published
1985
Length
40 pages
Annotation
This essay identifies problems unique to the prosecution of governmental crime and suggests strategies for using criminal sanctions against public officials.
Abstract
Since the criminal law is designed to punish individuals who act with criminal intent outside the context of legitimate governmental functions, governmental crime is difficult to prosecute under the law, because it is structural and official. It is structural when the crimes are more the product of organizational practices than deliberate decisions by individuals. It is official when it derives from individuals or organizations acting within the scope of their office or other legitimate authority. The structural character of governmental crime creates the problem of locating criminal responsibility in particular persons. The official character of such crime poses the problem of justifying the punishment of persons or organizations who acted in their official capacity as public officials. This essay indicates how neither of these problems necessarily prevents the application of criminal sanctions against public officials. This is done by developing broad concepts of personal and political responsibility in the context of performing governmental functions. 104 notes.