Tuesday, October 15, 2019

The Commission and the Crime Committed Case Study

The Commission and the Crime Committed - Case Study Example The policy on the corruption being committed in the case of Former State corrections Chief James Crosby Jr. will be reviewed. The policy involved in this case is the Federal law about the corruption of a government official. Even though this policy was not clearly defined, the case of Crosby was able to pursue. Based on the evidenced presented against Crosby it was clear that he committed corruption by taking kickbacks from the prison vendor. The only confusing about this case is that what policy or Federal law was being violated. The official being convicted of corruption means that he committed the Chapter 839 of the 1999 Florida Statutes. Chapter 839 - The Offences by Public Officers and Employees Chapter 839 of the 1999 Florida Statutes under title XLVI is the Offences by Public Officers and Employees. (1) The "Official Misconduct" as defined in Chapter 839.25, means the commission of the following act by a public servant, with corrupt intent to obtain a benefit for himself or herself or another or to cause unlawful harm to another: Knowingly falsifying, or causing another to falsify, any official record or official document. (2) "Corrupt" means done with knowledge that act is wrongful and with improper motives. (3) Official misconduct under this section is a felony of the third degree, punishable as provided in section 775.082 Penalties, and section 775.083 Fines. The charge of Corruption to Crosby maybe questionable but it appears to be legal and justifiable. The force removal of Crosby in position is the result of the violation of Chapter 839.04County officers not to speculate in county warrants or certificates.- (1) Any... This report is to be presented in order to help the commission to revise and reviewed the policy involved in cases. Ethical issues involve are important to discuss to avoid misunderstanding and further questioning on the cases. As the ethics laws are â€Å"strictly construed,† because they are penal in nature, virtually any ambiguity in a statute will be construed in favor of the public official. Therefore, the ethics laws must be written to specifically address ambiguities that have arisen. In addition, meaningful enforcement of the laws is enhanced when the laws clearly identify appropriate standards of conduct. Federal law prohibits federal employees from leaving their public position and then participating in a matter in a way that is adverse to the former agency where the employee had participated personally and substantially in the employee’s official capacity. Attorneys are subject to a similar restriction, under Bar regulations. The Code of Ethics should cover the same situations. Otherwise, for example, a Department of Revenue employee involved in a taxpayer case could quit the Department and work for the taxpayer, against the Department, on the same case.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.