65 Pages Posted: 4 Mar 2016 Last revised: 14 Feb 2017
Date Written: May 2016
The Supreme Court says that campaign finance regulations are unconstitutional unless they target "quid pro quo" corruption or its appearance. To test those appearances, we fielded two studies. First, in a highly realistic simulation, three grand juries deliberated on charges that a campaign spender bribed a Congressperson. Second, 1271 representative online respondents considered whether to convict, with five variables manipulated randomly. In both studies, jurors found quid pro quo corruption for behaviors they believed to be common. This research suggests that Supreme Court decisions were wrongly decided and that Congress and the states have greater authority to regulate campaign finance. Prosecutions for bribery raise serious problems for the First Amendment, due process, and separation of powers. Safe harbors may be a solution.
Keywords: quid pro quo, campaign finance regulations, grand jury, bribery, corruption, empirical, simulation, safe harbors
Suggested Citation: Suggested Citation
Robertson, Christopher T. and Winkelman, D. Alex and Modzelewski, Darren and Bergstrand, Kelly, The Appearance and the Reality of Quid Pro Quo Corruption: An Empirical Investigation (May 2016). Journal of Legal Analysis (2016); Arizona Legal Studies Discussion Paper No. 16-06. Available at SSRN: https://ssrn.com/abstract=2740615