Academic citations on federal anti‑corruption statutes, honest‑services fraud, and sexual‑assault clearance rates

Page 36 of 42 103 Minn. L. Rev. 844, *913 use). But see Mark S. Gaioni, Federal Anticorruption Law in the State and Local Context: Defining the Scope of 18 U.S.C. § 666, 46 Colum. JE. & Soc. Probs. 207, 237-45 (2012) (arguing for broad interpretation of § 666 to cover state and local officials). 163 See, e.g., 8 U.S.C. § 1346 (2012) (criminalizing "honest services" fraud). The statute was enacted in 1988 in response to the Supreme Court's 1987 decision in United States v. McNally, which held that 78 U.S.C. § 1341 did not cover "honest services" fraud. Gaioni, supra note 162, at 243 n.192. 164 See, e.g., Perrin, 444 U.S. at 50 (finding that section 1952 reflects congressional intent "to alter the federal-state balance in order to reinforce state law enforcement"). 165 See, e.g., J8 U.S.C. § 1952 (2012) (prohibiting interstate travel for "unlawful activity," which can be made unlawful by state law); Perrin 444 U.S. at 50 ("In defining "unlawful activity’ [in 78 U.S.C. § 1952], Congress has clearly stated its intention to include violations of state as well as federal bribery law."); United States v. Welch, 327 F.3d 1081, 1092-1103 (10th Cir. 2003) (reinstating an indictment and holding that Utah law serves as predicate to define violations of JS U.S.C. § 1952). 166 See Kim, supra note 149; Dripps, supra note 149, at 3 (noting that sexual assaults in federal law are confined to very limited contexts, such as human trafficking). 167 See Kim, supra note 149. 168 See Lynching in America: Confronting the Legacy of Racial Terror, Equal Just. Initiative, hitps://ynchinginamerica.eji.org/report (last visited Oct. 30, 2018) ("Of all lynchings committed after 1900, only 1 percent resulted in a lyncher being convicted of a criminal offense" (citing Paula J. Giddings, Ida: A Sword Among Lions 473-74 (2008))). Data on prosecutorial charging decisions is harder to come by, but clearance rates for homicides - meaning the percentage of cases police resolve, usually by arrest - are higher for homicides than other offense categories. See 2016 Crime in the United States, FBI: UCR, /ttps://ucr.fbi.gov/crime-in-the-u.s/201 6/crime-in-the-u.s.-201 6/tables/table-17 (last visited Oct. 30, 2018) (reporting that the 2016 national clearance rate for homicides was 59.4%, compared to 45.6% for all violent crime and 18.3% for property crimes). 169 See S. Rep. No. 103-138, at 42 (1994) ("Police may refuse to take reports [of crimes against women]; prosecutors may encourage defendants to plead to minor offenses ... . At every step of the way, the criminal justice system poses significant hurdles for victims."); Catharine A. MacKinnon, Rape Redefined, /0 Harv. L. & Pol'y Rev. 431, 439 (2016) ("One out of about ten acts of rape or attempted rape that fit basic legal definitions in the United States is reported to authorities. Dramatically fewer [reported cases] are prosecuted or result in convictions ... ."). For detailed examination of prosecutor decision-making on sexual assault complaints in three jurisdictions, see Cassia C. Spohn et al., Nat'l Criminal Justice Reference Serv., Prosecutors' Charging Decisions in Sexual Assault Cases: A Multi-Site Study 85-88 (2001), https://www.ncjrs.gov/pdffiles I/nij/grants/197048.pdf. 170 See Dripps, supra note 149, at 6 & n.25 (noting a National Violence Against Women survey by the Centers for Disease Control found twice as many rapes as the NCVS survey reported for the same year). See generally Candace Kruttschnitt et al., Estimating the Incidence of Rape and Sexual Assault (2014) (describing the reasons why it is "highly likely" that the National Crime Victimization Survey, conducted by the Bureau of Justice Statistics, underestimates rapes and other sexual assaults). 71 Kruttschnitt et al., supra note 170; Dripps, supra note 149. 7% Dripps, supra note 149, at 9 (summarizing and comparing Federal Bureau of Investigation Uniform Crime Reports and National Crime Victimization Survey data). 73 See supra note 169 and accompanying text. 74 Dripps, supra note 149, at 13-15 (summarizing clearance-rate data from Federal Bureau of Investigation Uniform Crime Reports and from the Los Angeles County Sheriff's Department). 75 See, e.g., Cassia Spohn & Katharine Tellis, Nat'l Criminal Justice Reference Serv., Policing and Prosecuting Sexual Assault in Los Angeles City and County VII (2012), https:-/www.ncjrs.gov/pdffiles I/nij/grants/237582.pdf. 76 Td. at VII-VIII, 8. Data on clearance rates is itself suspect; departments sometimes do not disclose all reports of sexual assaults they receive. Id. at IV (finding that the L.A. Police Department and the L.A. Sheriff's Department both substantially exaggerated their clearance rates). "7 Rape Kit Backlogs: Failing the Test of Providing Justice to Sexual Assault Survivors: Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Sec. of the H. Comm. on the Judiciary, 111th Cong. 21 (2010) (statement of Rep. Anthony Weiner, Member, H. DAVID SCHOEN HOUSE_OVERSIGHT_016545