Knowra Malfeasance in office Malfeasance in office Malfeasance in office is a public official’s wrongful or unlawful conduct while performing official duties. Depending on the jurisdiction and facts, it may lead to criminal prosecution or civil liability.
Misfeasance : The improper performance of a lawful act, often through carelessness or error. Unlike malfeasance, it concerns how an authorized duty is performed.
Public office : A position of authority or service established by law within government. The alleged wrongdoing must be connected to duties or authority of public office.
Bribery : The offering, giving, soliciting, or receiving of something valuable to influence an official act. Bribery is a specific way an official can corrupt the performance of public duties.
United States v. Nixon : The 1974 U.S. Supreme Court case requiring President Richard Nixon to comply with a criminal trial subpoena for White House tapes. The case tested executive privilege amid an investigation into abuses of presidential power.
Nonfeasance : A failure to perform a duty or act required by law. It involves omission, rather than wrongful conduct in carrying out official duties.
Actus reus : The conduct element of a criminal offense, including an act or legally relevant omission. A prosecution must identify the official conduct that satisfies the offense’s required act.
Embezzlement : The fraudulent appropriation of property entrusted to someone’s care. An official may commit embezzlement by diverting public funds entrusted to the office.
Watergate scandal : A U.S. political scandal involving a 1972 break-in and efforts by the Nixon administration to conceal it. Watergate led to investigations of official abuses and Nixon’s resignation.
Official misconduct : Abuse, neglect, or improper exercise of authority by a public official. This broader category can include malfeasance, misfeasance, and nonfeasance.
Mens rea : The mental state required for a criminal offense, such as intent, knowledge, or recklessness. Some malfeasance offenses require proof of a particular state of mind.
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