World Library  
Flag as Inappropriate
Email this Article

Obstruction of justice

Article Id: WHEBN0000240718
Reproduction Date:

Title: Obstruction of justice  
Author: World Heritage Encyclopedia
Language: English
Subject: Impeachment and acquittal of Bill Clinton, Laura Pendergest-Holt, Tampering with evidence, Charles Graner, Tom Hurndall
Collection: Abuse of the Legal System, Crimes, Criminal Procedure, Deception
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Obstruction of justice

The crime of obstruction of justice, in United States jurisdictions, refers to the crime of obstructing prosecutors or other (usually government) officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.

Contents

  • Legal overview 1
  • Notable examples 2
  • Obstruction trends 3
  • See also 4
  • Footnotes 5
  • External links 6

Legal overview

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, other than a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent used to allow any person questioned by police merely to deny answering questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court, though the witness may then exercise their rights, for example in the Fifth Amendment, if they believe their answer may serve to incriminate themselves.) If the person tried to protect a suspect (such as by providing a false alibi, even if the suspect is in fact innocent) or to hide from investigation of their own activities (such as to hide their involvement in another crime), this may leave them liable to prosecution. Obstruction charges can also be laid if a person alters, destroys, or conceals physical evidence, even if he was under no compulsion at any time to produce such evidence. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice.

Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion.

Notable examples

  • President Richard Nixon was investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his 1972 re-election campaign. Although it is unknown whether Nixon had foreknowledge of his re-election committee's "dirty tricks" campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.
  • Former Vice-Presidential adviser I. Lewis "Scooter" Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters that named a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, so that Libby was no longer required to serve a two and a half year prison sentence, but still required to pay a $250,000 fine, be recorded as a convicted felon, and obey probation terms.
  • Conrad Black was convicted of obstruction of justice in July 2007 for removing 13 boxes containing financial records from his office in Toronto after they had been sealed by a court order, returning the boxes a few days later.
  • Barry Bonds was convicted of obstruction of justice on April 13, 2011 for his testimony in front of the grand jury during the BALCO steroid scandal.[1] The conviction was later overturned by an appellate court.[2]
  • In United States v. Binion, malingering or feigning illness during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence.[3]

Obstruction trends

"Anticipatory obstruction of justice" has recently appeared on the horizon in cases such as US v. Wolff. However, the operative section, 1519, passed in 2002, has thus far languished in quasi-obscurity. Titled “Destruction, Alteration or Falsification of Records in Federal Investigations and Bankruptcy,” the provision was passed under Section 802 of the Sarbanes-Oxley Act of 2002.

The text of the statute is relatively straightforward:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Aside from Section 1519’s 20-year maximum prison sentence (no small benefit to the government in big-dollar fraud loss cases such as Wolff), its primary appeal is that it uniquely removes certain key proof burdens from prosecutors’ collective shoulders.

Prosecutors charging violations of Section 1519 must still establish both of the following:

  • The accused knowingly directed the obstructive act to affect an issue or matter within the jurisdiction of any U.S. department or agency.
  • The accused acted at least “in relation to” or “in contemplation’” of such issue or matter.

Not on the list, however, is the requirement that prosecutors demonstrate to the finder of fact which specific “pending proceeding” the accused attempted to obstruct. That is a significant benefit to the government.[4]

See also

Footnotes

  1. ^ "LA Now". Los Angeles Times. 
  2. ^ "Barry Bonds conviction overturned". San Jose Mercury News. 
  3. ^ "Behavior of the Defendant in a Competency-to-Stand-Trial Evaluation Becomes an Issue in Sentencing". Journal of the American Psychiatric Association. Retrieved October 10, 2007. 
  4. ^ See generally T. Markus Funk, "Charges that Sting: 'Honey Laundering' and the New Era of Obstruction Prosecutions," 25 Westlaw Journal - White Collar Crime 6 (March 2011)

External links

  • Obstruction of Justice: an Overview of Some of the Federal Statutes that Prohibit Interference with Judicial, Executive, or Legislative Activities, Congressional Research Service, December 27, 2007
  • Obstruction of Congress: A Brief Overview of Federal Law Relating to Interference with Congressional Activities, Congressional Research Service, November 5, 2010
Help improve this article
Sourced from World Heritage Encyclopedia™ licensed under CC BY-SA 3.0
Help to improve this article, make contributions at the Citational Source
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.