Campaign Contributions as Crime: The Case of Contribution Influence on US Economic and Environmental Policy

Abstract

Although the current campaign finance system in the US allows private donations to campaigns, an increasing body of evidence suggests that these contributions influence policy and could potentially lead to social injury. This leads to an important question: Do campaign contributions constitute crime? The present article takes up this question. After an overview of the famous debate between Tappan and Sutherland on the role of social injury in determining whether something is a crime—and a concise summary of different types of political crime (e.g. corruption, bribery, state crime, and state-corporate crime)—an analysis is conducted to assess the connection, if any, between campaign contributions and two types of social injury: economic harm/inequality and environmental harm. Findings from the analysis show that campaign contributions can, indeed, cause social injury. It is therefore concluded that campaign contributions sometimes constitute crime under Sutherland’s framework. Numerous campaign finance reform options are discussed—all with the intent of limiting the social injury created by campaign contributions.