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Encyclopedia > Bribery
Criminal law
Part of the common law series
Elements of crimes
Actus reus  · Causation  · Concurrence
Mens rea  · Intention (general)
Intention in English law  · Recklessness
Willful blindness  · Criminal negligence
Ignorantia juris non excusat
Vicarious liability  · Corporate liability
Strict liability
Classes of crimes
Felony/Indictable  · Hybrid offence
Misdemeanor/Summary
Infraction
Lesser included offense
Crimes against the person
Assault  · Battery  · Robbery
Kidnapping  · Rape
Mayhem  · Manslaughter  · Murder
Crimes against property
Burglary  · Larceny  · Arson
Embezzlement  · False pretenses
Extortion  · Forgery  · Computer crime
Crimes against justice
Obstruction of justice  · Bribery
Perjury  · Misprision of felony
Inchoate offenses
Solicitation  · Attempt
Conspiracy  · Accessory
Subsets
Criminal procedure
Criminal defenses
Other areas of the common law
Contract law · Tort law  · Property law
Wills and trusts  · Evidence
Portals: Law  · Criminal justice

Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. It is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions as an official or other person in discharge of a public or legal duty. The bribe is the gift bestowed to influence the receiver's conduct. It may be any money, good, right in action, property, preferment, privilege, emolument, object of value, advantage, or any promise or undertaking to induce or influence the action, vote, or influence of a person in an official or public capacity. Image File history File links Scale_of_justice. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... In law, causation is the name given to the process of testing whether defendants should be fixed with liability for the outcome to their acts and omissions that injure or cause loss to others. ... Concurrence or Simultaneity is a legal term, from Western jurisprudence, referring to the simultaneous occurrence of actus reus (bad action) and mens rea (bad mind), which must be present for a crime to have occurred; except in crimes of strict liability. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In English criminal law, intention is one of the types of mens rea (Latin for guilty mind) that, when accompanied by an actus reus (Latin for guilty act) constitutes a crime. ... In the criminal law, recklessness (sometimes also termed wilful blindness) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the prosecution must be able to prove both an actus reus... Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... It has been suggested that presumed knowledge of the law be merged into this article or section. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... A felony, in many common law legal systems, is the term for a very serious crime, whereas misdemeanors are considered to be less serious offenses. ... In many common law jurisdictions (e. ... A hybrid offence or dual offence are the special offences in Canadian criminal law where the prosecution may choose whether to proceed with a summary offence or an indictment. ... A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ... Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation. ... A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ... In many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. ... Mayhem, under the common law of crimes, consisted of the intentional and wanton removal of a body part that would handicap a persons ability to defend themselves in combat. ... In the United States, larceny is a common law crime involving stealing. ... Arsonists redirects here. ... False pretenses is a common law crime. ... Extortion is a criminal offense, which occurs when a person obtains money, behaviour, or other goods and/or services from another by wrongfully threatening or inflicting harm to this person, reputation, or property. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, Irvine High School students, or other (usually government) officials. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. ... An inchoate offense is a crime. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... link title Blacks Law Dictionary, 7th edition Blacks Law Dictionary has traditionally been regarded as the definitive legal dictionary for the law of the United States. ... Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. ... giFT stands for giFT: Internet File Transfer. ... Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. ... Solicitation is a crime; it is an inchoate offense that consists of a person inciting, counseling, advising, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime. ... An official (from the Latin Officialis, person – or object – related to an officium, see that article) is, in the primary sense, someone who holds an office (i. ... This can be a disputable topic. ... An example of Money. ... Good (accounting) - Wikipedia /**/ @import /skins-1. ... Chose (French for thing), a term used in English law inghjgjgjgg202. ... // Use of the term In common usage, property means ones own thing and refers to the relationship between individuals and the objects which they see as being their own to dispense with as they see fit. ... A promotion is the advancement of rank or position in an organizational hierarchy system. ... A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ... A title is a prefix or suffix added to a persons name to signify either veneration, an official position or a professional or academic qualification. ...


It is a form of political corruption and is generally considered unethical. In most jurisdictions it is illegal, or at least cause for sanctions from one's employer or professional organization. World map of the Corruption Perceptions Index, which measures the degree to which corruption is perceived to exist among public officials and politicians In broad terms, political corruption is the misuse by government officials of their governmental powers for illegitimate, usually secret, private gain. ... Ethics (from the Ancient Greek ethikos, meaning arising from habit) is a major branch of philosophy. ... In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ... This article or section should be merged with professional association A professional body or professional organization is an organisation, usually non-profit, that exists to further a particular profession, to protect both the public interest and the interests of professionals. ...


For example, a motorist may bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections may bribe a functionary for faster service, a construction company may bribe a civil servant to award a contract, or a narcotics smuggler may bribe a judge to lessen criminal penalties. Chicago police officer on a Segway. ... A skirmish with smugglers from Finland at the Russian border, 1853, by Vasily Hudiakov. ...


In some cases, the briber holds a powerful role and controls the transaction; in other cases, a bribe may be effectively extracted from the person paying it.


Expectations of when a monetary transaction is appropriate can also differ: tipping, for example, is considered bribery in some societies, while in others the two concepts may be interchangable. In Spanish, bribes are referred t as "mordida", in middle eastern countries they are Backshish or Bakshish. A tip (also known as gratuity) is a small amount of money received by some service sector professionals from persons they serve, in addition to or instead of a formally required payment. ... In Egypt and the former Turkish empire it means a gratuity or a tip. ...


The level of non-monetary favours that constitute an incentive to unethical behaviour is variable and may constitute a matter of opinion in a given field:

Contents

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Music

Payola is the commonplace practice where record companies buy air time from radio and television stations for songs they are promoting. It has been suggested that Pay to Play#In Music be merged into this article or section. ...

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Government

A grey area may exist when payments to smooth transactions are made. United States law is particularly strict in limiting the ability of businesses to pay for the awarding of contracts by foreign governments; however, the Foreign Corrupt Practices Act contains an exception for "grease payments"; very basically, this allows payments to officials in order to obtain the performance of ministerial acts which they are legally required to do, but may delay in the absence of such payment. In some countries, this practice is the norm, often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. Nevertheless, most economists regard bribery as a bad thing because it encourages rent seeking behaviour. A state where bribery has become a way of life is a kleptocracy. This article or section contains information that has not been verified and thus might not be reliable. ... The phenomenon of rent-seeking was first identified in connection with monopolies by Gordon Tullock, in a paper in 1967. ... Kleptocracy (sometimes Cleptocracy) (root: Klepto+cracy = rule by thieves) is a pejorative, informal term for a government so corrupt that no pretense of honesty remains. ...

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Medicine

Pharmaceutical corporations may seek to reward doctors for heavy prescription of their drugs through gifts. The American Medical Association has published ethical guidelines for gifts from industry which include the tenet that physicians should not accept gifts if they are given in relation to the physician’s prescribing practices. [1] Doubtful cases include grants for travelling to medical conventions that double as tourist trips. Oral medication A medication is a licenced drug taken to cure or reduce symptoms of an illness or medical condition. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ...


Dentists often receive samples of home dental care products such as toothpaste, which are of negligible value; somewhat ironically, dentists in a television commercial will often state that they get these samples but pay to use the sponsor's product.

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Law

In legal situations, lawyers, judges, and others with power may be subject to bribery or payoff for making a decision that benefits someone willing to pay for favours. Operation Greylord revealed that bribery was rampant in the bench and bar community of Chicago in the early 1980s. In Jagdeo Singh v The State of Trinidad and Tobago (2005) UKPC 35, the Privy Council considered the conviction of a lawyer retained to represent a drug trafficker. It appeared that the client wished the lawyer to secure his release on bail by any means, including the bribery of the magistrate, the prosecutor, and any other public officer who might help. It was not suggested that the lawyer had ever made an improper approach to any public officer. However, in a complicated police operation, the lawyer was paid the large fee he had asked for. There was no doubt that the client and his agent had intended a part of that money to be used "corruptly" and would be liable. In Cooper v Slade (1858) 6 HLC 746, a case which concerned the bribery of voters under the Corrupt Practices Prevention Act 1854, Willes J. said, at p 773: English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A judge or justice is an official who presides over a court. ... Operation Greylord was an FBI investigation of judicial corruption in Cook County, Illinois, in the 1980s. ... Nickname: The Windy City, The Second City, Chi Town Motto: Urbs In Horto (Latin: City in a Garden), I Will Location in Chicagoland and Illinois Coordinates: Country United States State Illinois Counties Cook, DuPage Incorporated March 4, 1837 Mayor Richard M. Daley (D) Area    - City 606. ... A privy council is a body that advises the head of state of a nation, especially in a monarchy. ...

"I think the word 'corruptly' in this statute means not 'dishonestly', but in purposely doing an act which the law forbids as tending to corrupt voters, whether it be to give a pecuniary inducement to vote, or a reward for having voted in any particular manner. Both the giver and the receiver in such a case may be said to act 'corruptly'."

Further, it was not necessary to prove that any member, officer or servant of a public body was in fact aware of what was going on when the improper offer was made or the bribe was passed, provided that the apparent purpose of the transaction was to affect the conduct of such a person corruptly at some time in the future. Whether the lawyer might or might not have used the money corruptly was not relevant. That it had been accepted in circumstances where the expectation of corruption existed would normally be sufficient, but the conviction was unsafe for other reasons.

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Politics

Politicians receive campaign contributions and other payoffs from powerful corporations or individuals when making choices in the interests of those parties, or in anticipation of favorable policy. However, such a relationship does not meet the legal standards for bribery without evidence of a quid pro quo. See also influence peddling and political corruption. A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... Campaign finance refers to the means by which money is raised for political election campaigns. ... A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ... A policy is a plan of action to guide decisions and actions. ... Quid pro quo (Latin for something for something[1]) indicates a more-or-less equal exchange or substitution of goods or services. ... Influence peddling is the practice of using ones influence with persons in authority to obtain favors or preferential treatment for another, usually in return for payment. ... World map of the Corruption Perceptions Index, which measures the degree to which corruption is perceived to exist among public officials and politicians In broad terms, political corruption is the misuse by government officials of their governmental powers for illegitimate, usually secret, private gain. ...

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Business

A large firm may offer money or gifts to a potential client in exchange for favors. For instance, the service company Aramark was recently accused of offering gifts to an assistant warden in the New Mexico Prison System in exchange for a contract allowing Aramark to provide the food services in the state's prisons. ARAMARK Corporation (NYSE: RMK) is a professional services organization, providing food services, facilities management, hospitality services, and uniforms and career apparel to health care institutions, universities and school districts, stadiums and arenas, businesses, senior living facilities, parks and resorts, correctional institutions, conference centers, convention centers, and public safety professionals around... Capital Santa Fe Largest city Albuquerque Area  Ranked 5th  - Total 121,665 sq mi (315,194 km²)  - Width 342 miles (550 km)  - Length 370 miles (595 km)  - % water 0. ...


In some cases where the system of law isn't well implemented, bribes may be a way for companies to continue their bussinesses. In the case, for example where custom officials harass a certain firm or production plant, officially stating to check for irregulariies, may halt production and stall other normal activities of a firm. The disruption may cause losses to the firm that exceed the amount of money to pay off the official. Bribing the officials is a common way to deal with this issue in countries where no firm system of reporting these semi-illegal activities. The third party, known as the White Glove may be involed to act as a clean middleman.

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See also

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A conflict of interest is a situation in which someone in a position of trust, such as a lawyer, a politician, or an executive or director of a corporation, has competing professional and/or personal interests. ...

External links

  • Transparency International
  • Business Principles for Countering Bribery'

  Results from FactBites:
 
Bribery - Wex (65 words)
Bribery is the offer of money, goods, services, information or anything else of value, which is presented with the intent of influencing the actions, opinions, or decisions of the taker.
Violators may be prosecuted under 18 U.S.C. 201 - Bribery
This page was last modified 17:08, 27 Oct 2005 by LII Editor.
CATHOLIC ENCYCLOPEDIA: Bribery (972 words)
bribery will be touched upon here; the historical aspect of the question will be dealt with in the articles on the nations and countries.
bribery in connection with the administration of justice.
The judge on his assumption of office undertakes to administer justice to all who come before him, and in most countries binds himself by a special oath to do his duty.
  More results at FactBites »

 
 

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