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Local law enforcement officers are may be part of bribery crimes in two types of situations which include
1) where one or both parties face an arrest, or 2) when an officer takes or rejects a bribe from someone
else. Involvement in these matters may increase or decrease depending on who the parties are and how
the circumstances occur.

Police involvement in bribery is sometimes key to investigations with political corruption and either city
or state officials. The law enforcement agencies may need to investigate the matter over months to
determine if the official did take a bribe and is influencing an election or using his or her power to
provide a benefit someone or a group should not have. If the matter involves a corrupt cop, other police
may need to assess the matter and gather enough evidence to take to a superior. The larger the matter
is, the more evidence is necessary and the longer these matters generally take.

Corruption and Bribery

When someone takes a bribe, he or she engages in illegal activity when it involves a key person such as
an official or a cop. The greater power the person has, the more corruption this causes. If the bribed
individual has power over city or state decisions, he or she could change the influence over the location
in a negative way. This could reverse local ordinances, zoning rules, and even influence others to engage
in activities in which they normally would take no part. The bribe is a key piece of evidence, and without
knowledge or proof of the bribe, the law enforcement may have no evidence to arrest the official and
uncover the corruption.

The Cop and the Arrest

If the person committing bribery leaves evidence behind that the crime occurred, the police may
discover the illegal activity and investigate the matter. During this situation, any officials involved may
come under suspicion such as a political leader or other cops. However, once the culprit is found, he or
she may face an arrest and federal charges of bribery. The other participant will usually face similar
charges for accepting a bribe. When this person is a public official, the penalties are often severe and
could change his or her life negatively. Some evidence usually involves an exchange of money for favors.

The Cop Accepting the Bribe

If the police officer is complicit in the actions of bribery by the other party, he or she could also face an
arrest and federal charges for the activity. However, this could involve additional cops and corruption in
the police force. The investigation into the matter may progress to the Federal Bureau of Investigation
with multiple agents checking bank accounts, cases with the specific cop and any additional possibility of
corruption on the force. Depending on what the officer did when accepting the bribe, the circumstances
could involve more severe penalties. Injury to others could also start a civil suit against the professional.

Litigation or Criminal Process

Depending on which side the police officer is on, the matter may proceed to either or both criminal and
civil. The law enforcement agency may charge the parties involved with bribery. However, if the issue is
a civil one, the plaintiff harmed through the issue will take the other party to a civil court and sue him or
her for damages. This is not usually one of the normal processes in bribery because of the complicity in
accepting a bribe whether the person is a public figure, a cop or a private citizen. However, both
situations usually require the services of a lawyer to proceed.

In a criminal process, the person or cop will need to hire a criminal defense lawyer to defend against
charges of bribery. Other matters may increase the spotlight on the local law enforcement department
which could lead to a negative impact on the agency. In these situations, a civil matter may commence
with the department seeking damages for the impact on the local agency. The department or the head
of the local branch may sue the officer for corruption and participation in bribery.

The Lawyer in Bribery with Police Involvement

The officer or private citizen will need a lawyer to work through either criminal defense matters when
charged with bribery or when progressing through a lawsuit with another party. If the person is seeking
damages for the actions of the other party, the lawyer will need to help prove liability and help gather
evidence.

malfeasance can apply to cases that cause financial damage or physical injury to another person. For
example, medical malpractice is an act of criminal malfeasance. If someone died after poor treatment by
a licensed doctor, the doctor can be charged in criminal court for negligent homicide.

Malfeasance is the intentional act of of doing something wrong, either legally or morally. It is an act
done with improper purposes and with the knowledge that the act being committed exceeds the
authority of the wrongdoer. So, was the act of the officer in the above example malfeasance? Yes it was.
The officer knew the proper protocol for being on duty. An officer is on duty until he/she is clocked out.
This particular officer was still on duty in his patrol car. He knew he was supposed to stop at the scene in
order to prevent further escalation of the altercation. He chose not to stop, and his choice led to a
robbery and a death.

A judge taking bribes from the prosecution is another example of malfeasance. The judge knows that it
is illegal to take money in order to give a favored ruling. Since the judge knows his actions are illegal, but
continues to carry them out anyway, it is an act of malfeasance.

What Is Misfeasance?

Misfeasance is carrying out a legal or proper action, but doing so in a way that is harmful or wrong. Let's
think back to the officer from the beginning of our lesson. Could his actions been ones of misfeasance,
rather than, malfeasance? Unfortunately, in this case they were not. If, for example, the officer drove
by, saw the altercation, but instead of responding to the scene himself, he called another officer on
patrol, who was 10 minutes away, to respond to the scene, that would be an act of misfeasance. Calling
in a responding officer is correct under protocol, but he should have also been at the scene, first, since
he was the closest one there. The delayed response to the scene caused the scene to escalate into
robbery and murder.

A detective writing abbreviated versions of case files is another example of misfeasance. While he is still
providing case files, which falls under his responsibility, he misses important details in more complex
cases that could have changed a verdict. The detective just thought he found a quicker way to be more
efficient with writing up case files, not realizing that his actions could be harmful in court.

An example of misfeasance could include a public official hiring his or her sister without realizing that it
would be against the law to hire a family member.

. For example, if a bystander sees a stranger drowning and does not attempt a rescue, he cannot be
liable for nonfeasance because he had no preexisting relationship with the drowning person. The
bystander would not be liable for the drowning even if a rescue would have posed no risk to him.