Course: Criminal Law
Bribery is the crime of offering or accepting something of value to influence a public official or individual in a position of trust.
Bribery is a crime that can have serious consequences for both the bribe-giver and the bribe-taker, as it involves the exchange of something of value in exchange for an action or decision that is not based on merit. Bribery is a violation of public trust and can result in the loss of confidence in institutions and the undermining of the rule of law.
The act of bribery is illegal under federal and state law, and it is also a violation of many professional codes of conduct and ethical guidelines. Bribery can take many forms, including the offering of cash or other valuable items, gifts, favors, or promises of future benefits.
The consequences of bribery can be severe, both for the individuals involved and for the organizations they represent. For individuals, bribery can result in criminal charges, fines, and imprisonment. For businesses and organizations, bribery can lead to reputational damage, loss of contracts or licenses, and other financial penalties.
In the criminal justice context, bribery can be particularly damaging, as it can result in the manipulation of investigations, trials, and other legal proceedings. Bribery can undermine the impartiality of judges and other officials and can distort the fair administration of justice.
In order to combat this and ensure that public officials act with integrity, many jurisdictions have enacted laws and regulations that require public officials to disclose gifts, donations, and other forms of compensation. These laws are intended to increase transparency and accountability and to discourage the kind of secret and under-the-table transactions that can lead to bribery.
Modern Bribery Statutes
Under the Model Penal Code (MPC), bribery is defined as a corrupt payment or receipt of something of value in exchange for the recipient’s performance or non-performance of official duties. The MPC outlines the following elements of the offense:
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- Corrupt intent: The defendant must have acted with corrupt intent, meaning that they intended to influence the recipient’s actions with the payment or offer of something of value.
- A public servant or party official: The recipient of the payment or offer of something of value must be a public servant or party official, meaning that they hold a position of public trust or are a member of a political party.
- Performance of official duties: The payment or offer of something of value must be in exchange for the recipient’s performance or non-performance of official duties, such as making a decision or taking a particular action.
- Something of value: The payment or offer of something of value can take many forms, including money, goods, services, or promises of future benefits.
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Under the MPC, bribery is considered a serious offense and is punishable by criminal fines and imprisonment. In addition, individuals or businesses that engage in bribery may also be subject to civil penalties, such as damages awards or the loss of professional licenses.
The MPC also recognizes a related offense called commercial bribery, which occurs when someone offers or accepts a bribe in a commercial setting. Commercial bribery involves private individuals or businesses rather than public officials or party officials. The elements of commercial bribery are similar to those of bribery under the MPC, but the recipient of the payment or offer of something of value is not a public servant or party official.
[ Glossary ]
Last Modified: 05/05/2023