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Crime of Bribery
In a democracy, elected public officials are supposed to act on behalf of their constituents – the citizens of their community. If a public official does something that favors only a few individuals, and the richest ones to boot, this will contribute to a break-down of democracy. Poor and middle-class citizens will lose respect for their community leaders and the governmental system, leading to widespread lawlessness and inefficiency.
In the United States, bribery is not as common as it is in some other countries, where bribery is just a normal part of dealing with the government. Yet, examples do abound of city inspectors turning a blind eye to shoddy construction work or to hazardous waste dumped into a river. In one case, a public official was found guilty of bribery when he influenced the Superintendent of Liquor Licenses to give a store owner a liquor license. The court ruled that the official was not acting within his scope of public duty.
Bribery is the offering, promising, or giving of something of value, with the intent to wrongfully influence a public official’s action. On the receiving end, a public official is guilty of bribery if she seeks out, demands, receives, requests, or agrees to receive or request, something of value, with the intent to use her public office as a means to get the money. Bribery is committed at the moment of offering or asking – it does not matter whether money was ever changed hands.
There must be a legal understanding between the two parties – what the law calls a “quid pro quo” or “this for that.” The public official must understand that by accepting the object of value, his vote, judgment, recommendation, opinion, or any other public act of discretion will be influenced. The action need not change as a result of the bribery – the official is still guilty of bribery even if she had been legally bound to do the act and would have done so anyway. However, the act must be related to the official’s public position.
Bribery is a crime, and thus the punishment is given in accordance with state law. In many states, bribery is a second or third degree felony, resulting in prison time of more than a year. Prison time of up to 10 years and/or $20,000 fine may also be imposed.
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