Corruption in Criminal Justice - Research Paper Example

No: Corruption in Criminal Justice Corruption and law enforcement The wrong actions on the part of authority to benefit someone by way of illegal means are considered immoral and unethical (Corruption 2012). Unfair monetary gains fall within the ambit of corruption. The patronizing of illegal acts usually links with bribery. There is an old adage which says “power corrupts and absolute power corrupts absolutely”. Bribery by all means is a criminal offence. It amounts to white color crimes. In other words, allow the beneficiaries to take advantage through illegal gratification from those who are at the helm of affairs and enjoying the trustable status. The gratification with the intention to influence their action, views and opinions and cash their impartiality setting aside the merits in order to have some thing in terms of goods and services that relates to commercial interests. In the broader spectrum, the man or woman who is giving or receiving the bribes can be booked on the charge of bribery (Bribery and Corruption Law 2012). In accordance of American Laws, Bribery is considered as felony which is a punishable offence that attracts either fine or imprisonment or both provided the corruption implied or proven. However, a gift can not be treated as bribe unless there is an intention of receiver to gain some thing out of it is evident (Bribery and Corruption Law 2012). In nutshell, bribery can be classified as a) general bribery and b) commercial bribery. Therefore, bribery is closely associated with the extortion of money from those who expects competent authority to speed up / expedite their work lying with them (Bribery and Corruption Law 2012). The anti-bribery provisions of the American Laws treat the bribe as unlawful and unethical in a way: a) to make payment to a foreign official with the intent to obtain or retain business b) directing business to favorite person without taking into account the merits of business. The FCPA laws also applicable to foreign firms since 1998. Now it applies to foreign firms and persons both to discourage corrupt practices in the United States. The usage of foreign official term is clear. Take the example of an owner of the bank who simultaneously holding the portfolio of finance minister can be treated as foreign official as per US law. In America doctors at government hospitals or working in privately managed hospitals as per FCPA law considered foreign officials. In the mentioned category employees of international organizations also fall within the purview of foreign officials. Bribery can be in the shape of cash or in kind with the intent to curry favor of decision makers who are enjoying the discretionary powers (Cassin 35-36). Further, companies who are on the panel of United States bourses are bound to meet the requirement of accounting provisions. According to which companies are responsible to keep books and records of every transaction that reflects true and fair transaction for audit purpose. It also requires from companies an adequate system of accounting and internal control should be in place to promote healthy practices. To comply with the requirement of FCPA, companies are taking additional measures for their image building and to protect their reputation in tact by employing vendor services of repute for due diligence. The organizations working in the United States of America have to follow the requirement of FCPA. Therefore, the government owned organizations have no exception to it. They are also accountable for their misdeeds or lapses which lead to corruption and corrupt practices (Cassin 44). As far as the payments to foreign officials are concerned, the cited act draws a line between the bribery and the facilitation. It is allowable under FCPA although it violates the local laws. To grease the palms of officials with the aims to expedite their performance although as per the service rules and regulations he or she is bound to get it done. Paying to foreign officials as per the laws in vogue of the host country is legal. Besides this any other payment that relates to the promotion of certain products are permissible under the FCPA (Cassin 53). Notable bribery cases Here are some notable reported cases in the esteemed newspapers of America: In the year 2012 an article written in the New York Times was noticed wherein it was alleged that former Executive of Wal-Mart had paid bribery to officials of Mexico who were responsible to seek permission for construction. On investigation, the investigators of the cited company sought material evidence which shows broken of Mexican and American Laws. The Wal-Mart Executives denied the allegations leveled against their company. If it proves that the executive involved in bribing the Mexican officials it may lead to their expulsion from United States of America coupled with fines and penalties which deem fit and appropriate by the competent authority. The fine and penalties will be imposed on the said company by the relevant department of the American government provided no action taken against the staff at fault by the top notch of the company (Leonard 2012). In another reported case of bribery, the erstwhile Representative of Democrat of Louisiana, was accused of being bribed the African officials for the purpose of acquiring business interest in their respective areas of operations. In the year 2008, Siemens AG had to pay amounting to USD 450 million as fine for the violation of FCPA. This is perhaps one of the sizeable penalties in the history of America dealt under FCPA (Nicholls 575). Now a days, the Justice Department of the USA along with Security and Exchange Commission are probing the involvement of Mr. Hewlett who was an executive of Packard Company concerning payment of USD 10.9 million in terms of bribe during the period of 2004 and 2006 to the Prosecutor General of Russia to woo a million dollar contract that relates to supply of computer gadgets (Nicholls 582). Further, in the year 2011, the investigators conducted an inquiry to find out the real cause of News International Phone Hacking Scandal that led to the closure of News of the World. The DOJ in the year 2011 with the assistance of UK functionaries examined the charge of violation of FCPA by the News Corporation to find out the truth whether the bribe was given to the police officials or not (Nicholls 596). History of corruption in law enforcement It is interesting to note that soon after the establishment of first police department in the United States of America, corruption made its inroads and later on spreads its tentacles in every nook and corner. It was the time when political parties managed the affairs of civic agencies. At that time, Employment was linked with the loyalties of political workers to keep the interest of political elites. The environment was so conducive that any one can easily receive or give bribes to the officials without any fear on behalf of the beneficiaries. The police officers accepted the bribes just to ignore the criminal activity of the criminals and not to report such matters to the high ups. The tooth and nail opposition of progressive minded people comprised of upper middle class and middle class protestant compels the government to form commissions that could recommend suggestive measures to control wide spread corruption. With the compliance of suggested remedial measures by the officials, corruption comes under control to the acceptable limit. In spite of all these measures, the corruption though reduced but still a bigger problem for the American Society (Curls 2011). Corrupt Police Officials The name of Joseph Miedzianowski was known as the most corrupt police official of America. He was having dual face, one as the police officer and the other one as drug kingpin supporting the gangs to shake down the drug dealers. During the course of his service, he ran the affairs of Chicago Gangs Unit besides running his own drug den at the same time. He was convicted of 10 counts on the charge of drug conspiracy and racketing by the competent court of law in the year 2001 (Curls 2011). David Mack and Rafael Perez both were the members of blood hound groups. Mack was conferred LAPD Medal of Honor to kill notorious drug dealer in his self defense. Later on he was convicted on the charge of robbing a bank and to murder a famous drug dealer. However, the Perez was shot by the law enforcers. He was charged on stealing the eight pounds of cocaine from an LAPD locker (Curls 2011). Corrupt Military Officials Colonel James Hiett who was the former commander of U.S. Army anti-drug division in Colombia, charged on hiding his wife's drug smuggling which put the America and the Americans in an embarrassing position to the people around the globe. Its outlines have widely been reported and published in the national and the international media. In the middle of 1990s, Mr. Hiett was residing in the U.S.A where his wife Laurie Ann Hiett, was undergoing treatment in an Army hospital for drug addiction (Delgado 2009). When Mr. Hiett was heading a 200 strong battalion of U.S. military advisors in Bogota, her wife again went back to addiction. She was daringly snorting coke in the presence of her husband. The thirst of cocaine went to that extent that she utilized the services of an army driver to buy cocaine for herself from the local drug dealer. By the year 1998 she was put to an investigation under the control of the Army on account of using illicit drugs besides shipping heroine powder worth USD 700,000 under the garb of diplomatic mail (Delgado 2009). No doubt that the Corruption poses a serious danger to the development of their business on the uncalled for activities of their officials. In the political arena, it can be considered to undermine or derail the democracy and the good governance by flouting the formal processes in existence. Corruption in electoral process and in the law making bodies can be seen. The credit goes to friendly legislation that reduces the accountability and speaks for itself the grey areas of policymaking. Corruption in the judiciary means compromises the writ of law by the judicial officers (Glaeser & Goldin 118). Corruption in public administration results in an inefficient and ineffective service. In other words it clearly negates the basic principle of republicanism concerning the centralization of civic amenities. Every one in America is of the view that corruption and corrupt practices should be addressed seriously to weed out corruption since it badly tarnishing the image of government institutions. In government sectors funds are direly siphoned off. The funds are being utilized at the sweet will of the officials. It also undermines the writ of the government as well as democratic norms such as trust and tolerance (Glaeser & Goldin 132). Cause and Effects of Corruption in Criminal Justice There can not be two opinions about corruption that carries high costs to pay. Hence, it is necessary to curb corruption in every government department to make healthy example for others to follow since the corruption frustrates the reputation of an organization. This can be a first step towards achieving the desired goal. Moreover, rampant corruption refrain police officials from adopting such measures which are necessary to establish the writ of law and for the image of law enforcing agencies. Enforcement of law in letter and in spirit can deter criminals to continue criminal activity like drug dealing and flesh trading. As far as the illegal gratification is concerned, it protects criminals and the criminal activities. It provides comforts to the corrupt police officials in terms of money and a sigh of relief to the criminals for their well planned and organized illegal business (Cole & Smith 248). Ambiguous laws promote immoral standards to spread corruption since it provides cushion to the criminals and the criminal organizations to undermine the laws to pave way for their illicit business. One such example is of Narcotic corruption which has the consequence of drug enforcement laws. Service providers relating to goods and services can be used as an integral part of making profits to bribe the corrupt police officials to continue their criminal activities under the umbrella of criminal enterprises (Cole & Smith 267). Corrupt police officials can be harmful to the entire Community. They not only are damaging the reputation of their institution but their co workers as well. Corrupt police officials putting hurdles for others from performing the professional and ethical policing for which they are dedicated to and paid for. They intentionally or unintentionally damage the criminal justice system by breaching the trust reposing in them by the community. Their deeds provide room to criminal activities / compromise criminal prosecutions and investigations are concerned. All these must have lasting impact on the well fare and well being of the community and a constant threat to social order (Cole & Smith 289). The costs of police corruption and its consequences can not be acceptable considering its financial and social impacts. Misuse of funds from public exchequer will be a sheer wastage of good money after bad if it does not help to deliver. It may disrupt and destruct the police efficiency in framing the cases against the criminal for trial in the court of law for judgment after due process of law. The social costs of police corruption and their misconduct may have the positive impact on the attitude of criminals and its subsequent bad effects on the welfare and well being of people. Comparatively the cost of corruption by all means is a bigger cost to pay as compared to an individual gain (Cole & Smith 321). Public perception about law enforcement due to corruption The citizens are the keen observers of the attitude of police officials towards breaking the laws of land or using unnecessary force against the violators of law to create fear and intimidate them. This unnecessary use of force may shake the confidence and faith on the supremacy of law and the utility of police department. Police force has the option to inculcate confidence and faith amongst the community to establish friendly relationship or to lose it for good. The mistreatment of police will definitely shaken and weaken the relationship with the people of the community. Citizens usually report criminal activities in their locality along with the names of witnesses to assist in framing the charges against the criminals and prosecuting the cases in the competent court of law. On the part of public, the public cooperates and coordinates with the police department provided they see that the laws are strictly enforced to deal with the criminals. Other wise no one can stop public in distrusting the corrupt police officials (Scott 2011). Conclusion We have observed from the contents and sub contents of topic entitled “Corruption in criminal Justice “that the corruption and the rampant corruption mar the whole process of judicial system. The criminal justice system starts its function when a culprit caught by the police official and after necessary investigations they frame the charges against the accused to be tried in the competent court of law. In the whole judicial system we can not ignore the key role of police official i.e. from investigation to framing of charges and then to refer the matter to the competent court of law for hearing and deciding the case. Therefore, to weed out corruption from the police department it is incumbent upon the officials responsible for transfer and postings of police officials to deploy those officers whose integrity, honesty and competency can not be questioned and who do not compromise on the principles of justice and believes in the supremacy of law. Further police department should be made accountable to the committees formed at the level of community which should be comprised of honest and trustable people. The main hindrance in dispensing justice is the corrupt police officials who after greasing the palms by the criminals play or twist with the provision of law to benefit the criminals. Framing charges on weaker footings by the corrupt police officials after taking bribes leads to bail out criminals on technical grounds. Frequently the counsel of the criminals make the court believe that the case registered against his or her client is fabricated and based on personal enmity to seek quashment of cases registered against the criminals. In our considered opinion until and unless honest and God fearing police officials are deployed, criminal justice system can not be streamlined. It is the need of the hour to address this issue by the American Administration aims at to discourage corrupt officers and the corrupt practices so as to introduce good governance. Good governance should be linked with monetary gains for the dedicated and honest police officers in shape of cash performance awards and promotion when it is due to encourage competent officers to play their due role in establishing the writ of law in its true spirit. Works Cited “Bribery and Corruption Law”. Global Legal Resources, 2012. 12 May 2012. Cassin, Richard L. Bribery Abroad: Lessons from the Foreign Corrupt Practices Act. Lulu.com, 2008. Cole, G. & Smith, C. The American System of Criminal Justice, International Edition. Belmont: Wadsworth Cengage Learning, 2009. “Corruption”. BusinessDictionary.com, 2012. 12 May 2012. Curls, M. “The Top 5 Most Corrupt U.S. Police Officers Of All-Time”. News One 28 September 2011. 11 May 2012. Delgado, M. The U.S. and the Colombian invasion: A history of corruption, cocaine, and paramilitary violence. The Rag Blog 7 December 2009. Glaeser, Edward L. & Goldin, C. (eds.). Corruption and Reform: Lessons from America's Economic History. Chicago: University of Chicago Press, 2006. Leonard, Andrew. “Wal-Mart’s Shame Grows Worse”. Salon 25 April 2012. 10 May 2012. Nicholls, C., Daniel, T., Bacarese, A. & Hatchard, J. Corruption and Misuse of Public Office. London: Oxford University Press, 2011. Scott, L. What are the Effects of Police Corruption? ehow.com. 9 June 2011. 12 May 2012. Read More