NCJ Number
170402
Date Published
1993
Length
92 pages
Annotation
This is the report of the Public Corruption Working Group established by the U.S. Sentencing Commission to examine the public-corruption sentencing guidelines.
Abstract
The report profiles the categories of defendants and offense conduct covered by the public-corruption guidelines, documents sentencing practice under the public-corruption guidelines; identifies the areas of concern that involve the application of the public-corruption guidelines; and determines whether revisions to the public-corruption guidelines that address these concerns should be considered. Comment from public corruption experts and criminal justice practitioners, as well as a literature review, hotline calls, and case law identified a number of concerns regarding the application of the public- corruption guidelines. A primary issue raised by all of the sources pertains to the distinctions among the offenses of bribery, gratuity, extortion under color of official right, extortion, and other public-corruption offenses. Not only are the elements of the offenses similar, but in some statutes the key elements are subjective and not easily determined. Moreover, the definitions for similar offenses often vary among statutes. The Working Group will continue the ongoing research projects described in this report, with a view toward recommending possible steps to address identified concerns. Appended supplementary material