Jury

Misconduct by Jurors and other Judicial Actors – Penal Code Section 96 Jurors and other individuals included in the decision making process of court cases may be severely punished for corruption. Penal Code Section 96 covers the following individuals: • Jurors • Arbitrators1 • Umpires • Referees Section 96 states that it is illegal to…

Judicial Officer’s Request or Receipt of Gratuity – Penal Code Section 94 If a judicial officer is accused of taking any type of compensation or gratuity for performing an official act, prosecutors may seek to punish the jurist under Penal Code Section 93 (felony) or Penal Code Section 94. Section 94 states that any judicial…

Corruption of Judges

Bribing or Offering to Bribe a Judicial Officer – Penal Code Section 92 The crime of bribing or attempting to bribe a judge is punishable as a felony under Penal Code Section 92. The law also mandates felony punishment for any person who attempts to bribe someone authorized by law to decide court-related matters, including:…

great seal of california

Requesting or Receiving a Bribe by a Legislator – Penal Code Section 86 In California, any legislative member who accepts or requests a bribe may be guilty of a felony under Penal Code Section 86. The person who offers or gives the bribe may also be guilty of a felony under Penal Code Section 85….

Graft

Giving or offering a gratuity to obtain public appointment – Penal Code Section 73 To ensure public confidence in government, Penal Code Section 73 sets forth misdemeanor-level punishment for any person who attempts to secure public office by way of a gratuity or reward. Commentary: Section 73 is infrequently used. California prosecutors typically take an…

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Government Officials Requesting Benefits, Gratuities or Rewards For Doing Official Acts – Penal Code Section 70 With notable exceptions, California law forbids government officials from accepting benefits, gratuities, rewards or other forms of compensation in exchange for doing official acts.1 The law applies to both executive and ministerial government officers. Executive officers utilize discretion in…

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Requesting or Taking a Bribe – Penal Code Section 68 California law punishes government officials who request or take bribes in exchange for influencing the manner in which they perform their public duties. Penal Code Section 68 applies to all state, federal and local government employees accused of requesting or taking a bribe.1 (Penal Code…

Bribery

Giving or Offering a Bribe to a Ministerial Officer – Penal Code Section 67.5 California punishes anyone who attempts to bribe: An “executive officer” (See Penal Code Section 67), and A “ministerial officer” defined in Penal Code Section 67.51 A “ministerial officer” is essentially a government employee who performs tasks without discretion.2  A clerk in the…

lady justice

Misprision of Treason – Penal Code Section 38 “Misprision of Treason” is an obscure crime that still remains on the books in California.  The term “Misprision” means the deliberate concealment of an act of treason.  The crime of “Misprision of Treason” is committed by anyone who “knowingly conceals” an act of treason by another person….

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Unethical Prosecutors Now Face Felony Charges and Prison Time (AB 1909), by Bill Haney – Ventura County Criminal Defense Attorney: A recent scandal involving Orange County prosecutors stirred California law makers to action over the subject of prosecutorial misconduct.  AB 1909 authored by Assemblywoman Patty Lopez authorizes FELONY punishment and up to three years of…