NCJ Number
64165
Journal
NOTRE DAME LAWYER Volume: 51 Issue: 4 Dated: (APRIL 1976) Pages: 638-705
Date Published
1976
Length
68 pages
Annotation
A MODEL LAW FOR CONTROLLING PUBLIC CORRUPTION THROUGH REQUIRING FINANCIAL DISCLOSURE AND STANDARDS OF CONDUCT FOR PUBLIC OFFICIALS IS PRESENTED, TOGETHER WITH DISCUSSION OF ITS THEORETICAL AND LEGAL BASES.
Abstract
ALTHOUGH THE POPULAR VIEW IS THAT POLITICS AND CORRUPTION ARE INSEPARABLE, A CAREFULLY DRAWN, EFFECTIVELY ENFORCED STATUTE COULD HAVE A POSITIVE RESULT. WHITE-COLLAR CRIME AMONG PUBLIC OFFICIALS COULD BE SIGNIFICANTLY DETERRED BY CRIMINAL SANCTIONS APPLIED IN CONJUNCTION WITH CLEARLY DEFINED STANDARDS OF CONDUCT IN MATTERS INVOLVING PERSONAL GAIN, SUCH AS GOVERNMENT CONTRACTING AND OUTSIDE INCOME. ANOTHER IMPORTANT CHECK IS COMPREHENSIVE FINANCIAL DISCLOSURE, ESPECIALLY BEFORE ELECTIONS AND APPOINTMENTS. THE MODEL ACT INCORPORATING THESE PROVISIONS IS BASED ON THE INTEGRATIVE THEORY OF PUNISHMENT, WHICH MAINTAINS THAT PUNISHMENT SHOULD PROVIDE DETERRENCE, RETRIBUTION, AND REHABILITATION. REQUIRING FINANCIAL DISCLOSURE ADDS GROUP PRESSURE AND INFORMATIVE EFFECTS TO THE SANCTIONS. THE MODEL LAW REFLECTS EVIDENCE THAT THE MOST EFFECTIVE MEANS FOR CONTROLLING MISCONDUCT ARE CRIMINAL PROSECUTIONS (MORE EFFECTIVE THAN ADMINISTRATIVE OR CIVIL SANCTIONS), REMOVAL FROM OFFICE OR POSITION, AND FORFEITURE OF ALL PROPERTY AND FUNDS GAINED FROM OFFICIAL MISCONDUCT. IN ADDITION, THE LAW GIVES PRIVATE CITIZENS STANDING TO RECOVER ACTUAL DAMAGES CAUSED BY PUBLIC SERVANTS' MISCONDUCT. THE LAW'S FULL TEXT AND MODEL STATING CONSTITUTIONAL AMENDMENTS NEEDED IN SOME STATES TO IMPLEMENT IT ARE INCLUDED. FOOTNOTES ARE INCLUDED. (CFW)