The Road to Hell Is Paved with Vague Intentions: Prosecutorial Development of 18 U.S.C. § 666 and Its Effect On Local Officials

Authors

Theodore Richardson, Texas A&M University School of Law (Student)Follow

Document Type

Arguendo (Online)

Abstract

Over the past century, federal prosecution has expanded to cover behavior without a clear nexus to federal interests. At the same time, the powers of local governments have expanded to areas historically reserved for states. These two trajectories have created a collision course, pitting federal prosecutors against local officials in unexpected ways. Vaguely drafted laws have enabled federal prosecutors to expand their discretionary authority and reach conduct that sits well outside of traditional ideas of criminality.

Corruption is a serious issue that needs to be addressed correctly. But how corruption is addressed and who should address it are two important questions that are often overlooked. The current pattern of prosecutorial development is headed toward a framework wherein every local official is “corrupt” and proving so is only a matter of launching an investigation. Rather than continuing this approach—which itself is ripe for political abuse—legislatures and courts should explore means that empower voters to define and resolve corruption at the local level.

DOI

10.37419/LR.V10.Arg.3

First Page

28

Last Page

44

Recommended Citation

Theodore Richardson, The Road to Hell Is Paved with Vague Intentions: Prosecutorial Development of 18 U.S.C. § 666 and Its Effect On Local Officials, 10 Tex. A&M L. Rev. Arguendo 28 (2023).
Available at: https://doi.org/10.37419/LR.V10.Arg.3