NCJ Number
45146
Date Published
1977
Length
301 pages
Annotation
THE NATURE OF OFFICIAL CORRUPTION AND THE INVESTIGATION AND PROSECUTION OF BRIBERY, EXTORTION, AND GRAFT ARE DISCUSSED.
Abstract
AN OVERVIEW OF PATTERNS OF OFFICIAL CORRUPTION COVERS ATTEMPTS TO INFLUENCE GOVERNMENTAL ACTION IN THE LEGISLATIVE AND EXECUTIVE BRANCHES AND IN THE JUDICIAL, PROSECUTIVE, AND POLICE SEGMENTS OF THE CRIMINAL JUSTICE SYSTEM. THE ROLE OF ORGANIZED CRIME IN OFFICIAL CORRUPTION AND THE CAUSES OF CORRUPTION ARE DISCUSSED. THE OFFENSES OF BRIBERY, EXTORTION, AND GRAFT ARE DEFINED IN TERMS OF CONDUCT, ATTENDANT CIRCUMSTANCES, AND STATE OF MIND, AND THE HISTORICAL DEVELOPMENT OF CRIMINAL SANCTIONS FOR EACH OFFENSE IS TRACED. THE HISTORY, SCOPE, AND APPLICATIONS OF THE DOCTRINE OF LEGISLATIVE IMMUNITY ARE REVIEWED, AND THE RELEVANCE OF THE DOCTRINE TO THE INVESTIGATION AND PROSECUTION OF LEGISLATIVE CORRUPTION IS CONSIDERED. ELEMENTS OF REACTIVE INVESTIGATION THROUGH THE GRAND JURY PROCESS (HISTORICAL DEVELOPMENT, SCOPE OF PROCESS, QUASHING PROCESS, IMMUNITY, CONTEMPT, PERJURY) AND PROACTIVE INVESTIGATION (CONSTITUTIONAL LIMITATIONS ON INFORMANTS, ELECTRONIC SURVEILLANCE, UNDERCOVER OPERATIONS) ARE DISCUSSED. ACCOMPLICE TESTIMONY, ISSUES OF CHARACTER, JOINDER AND SEVERANCE, PUBLICITY, AND STATUTE OF LIMITATIONS ARE DISCUSSED AS THEY RELATE TO TRIALS IN CASES OF OFFICIAL CORRUPTION. NONCRIMINAL SANCTIONS THROUGH REMOVAL FROM OFFICE AND RECOVERY OF ILL-GOTTEN GAINS ARE NOTED. TABLES SUMMARIZING THE CONTENT OF STATE BRIBERY, EXTORTION, AND GRAFT STATUTES ARE APPENDED. A BIBLIOGRAPHY AND NOTES ARE INCLUDED.