skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64165 Find in a Library
Title: MODEL ACT FOR CONTROLLING PUBLIC CORRUPTION THROUGH FINANCIAL DISCLOSURE AND STANDARDS OF CONDUCT
Journal: NOTRE DAME LAWYER  Volume:51  Issue:4  Dated:(APRIL 1976)  Pages:638-705
Author(s): A E STAINES
Corporate Author: University of Notre Dame
Law School
United States of America
Date Published: 1976
Page Count: 68
Sponsoring Agency: University of Notre Dame
Notre Dame, IN 46556
Format: Article
Language: English
Country: United States of America
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)
Index Term(s): Conflict of interest; Corruption of public officials; Deterrence; Deterrence effectiveness; Fraud; Government contracting; Model law; Punishment; Restitution; Unlawful compensation; White collar crime
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64165

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.