obstruction of justice

The criminal offense, under common law and according to the statutes of many jurisdictions, of obstructing the administration and due process of law.

A criminal offense that involves interference, through words or actions, with the proper operations of a court or officers of the court.

The integrity of the judicial system depends on the participants' acting honestly and without fear of reprisals. Threatening a judge, trying to bribe a witness, or encouraging the destruction of evidence are examples of obstruction of justice. Federal and state laws make it a crime to obstruct justice.

Obstruction of justice in the federal courts is governed by a series of criminal statutes (18 U.S.C.A. §§ 1501-1517), which aim to protect the integrity of federal judicial proceedings as well as agency and congressional proceedings. Section 1503 is the primary vehicle for punishing those who obstruct or who endeavor to obstruct federal judicial proceedings.

Section 1503 proscribes obstructions of justice aimed at judicial officers, grand and petit jurors, and witnesses. The law makes it a crime to threaten, intimidate, or retaliate against these participants in a criminal or civil proceeding. In addition, section 1503 makes it illegal to attempt the bribery of an official to alter the outcome of a judicial proceeding.

Besides these specific prohibitions, section 1503 contains the Omnibus Clause, which states that a person who "corruptly or by threats of force, or by threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice" is guilty of the crime of obstruction of justice. This clause offers broad protection to the "due administration of justice." Federal courts have read this clause expansively to proscribe any conduct that interferes with the judicial process.

To obtain a conviction under section 1503, the government must prove that there was a pending federal judicial proceeding, the defendant knew of the proceeding, and the defendant had corrupt intent to interfere with or attempted to interfere with the proceeding.

Two types of cases arise under the Omnibus Clause: the concealment, alteration, or destruction of documents; and the encouraging or rendering of false testimony. Actual obstruction is not needed as an element of proof to sustain a conviction. The defendant's endeavor to obstruct justice is sufficient. "Endeavor" has been defined by the courts as an effort to accomplish the purpose the statute was enacted to prevent. The courts have consistently held that "endeavor" constitutes a lesser threshold of purposeful activity than a criminal "attempt."

Federal obstruction of justice statutes have been used to prosecute government officials who have sought to prevent the disclosure of damaging information. The Watergate scandal of the 1970s involving President Richard M. Nixon is a classic example of this type of obstruction. A number of Nixon's top aides were convicted of obstruction of justice, including former attorney general John N. Mitchell. A federal grand jury named Nixon himself as an unindicted coconspirator for the efforts to prevent disclosure of White House involvement in the 1972 burglary of Democratic National Committee headquarters at the Watergate building complex in Washington, D.C.

The noun has one meaning:

Meaning #1: impeding those who seek justice in a court (as by trying to influence or intimidate any juror or witness or officer of the court); can result in a finding of contempt of court

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Criminal law

Part of the common law series

Elements

Actus reus · Mens rea Causation · Concurrence

Scope of Criminal Liability

Complicity · Corporate · Vicarious

Inchoate offenses

Attempt · Conspiracy · Solicitation

Crimes against people

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Crimes against property

Arson · Blackmail · Burglary Embezzlement · Extortion False pretenses · Larceny Receiving stolen property Robbery · Theft

Crimes against justice

Compounding · Misprision Obstruction · Perjury Malfeasance in office Perverting the course of justice

Defenses to Liability

Defense of: (Self · Others · Property) Consent · Diminished capacity Duress · Entrapment · Ignorance Infancy · Insanity · Intoxication Justification · Mistake (Fact · Law) Necessity · Provocation

Other common law areas

Contracts · Evidence · Property Torts · Wills, trusts and estates

Portals

Criminal justice · Law

v • d • e

The crime of obstruction of justice includes 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. Prosecutors and attorneys general however commit obstruction of justice when they fail to prosecute judges and other government officials for malfeasance, misfeasance or nonfeasance in office.

Modern obstruction of justice, in United States jurisdictions, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice. Common law jurisdictions other than the United States tend to use the wider offense of Perverting the course of justice.

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent allows any person who is questioned by police merely to refuse to answer 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) It is not relevant if the person lied to protect a suspect (such as setting up a false alibi, even if the suspect is in fact innocent) or to hide from an investigation of their own activities (such as to hide his involvement in another crime). Obstruction charges can also be laid if a person alters or destroys physical evidence, even if he was under no compulsion at any time to produce such evidence.

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.^[1]

Contents 1 Notable examples 2 See also 3 Footnotes 4 External links

Notable examples

• President Richard Nixon was being 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 widely believed that Nixon had no 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 covert CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, just before Libby was about to serve a two and a half year prison sentence.

• Conrad Black was convicted of obstruction of justice in July 2007 for removing 13 boxes containing financial records from his office in Toronto after it had been sealed by a court order, returning the boxes a few days later. Black claimed he had taken the boxes because they contained personal items.

See also

• Perverting the course of justice
• Jury tampering
• Witness tampering

Footnotes

1. ^ "Behavior of the Defendant in a Competency-to-Stand-Trial Evaluation Becomes an Issue in Sentencing". Journal of the American Psychiatric Association. http://www.jaapl.org/cgi/content/full/34/1/126. Retrieved on 2007-10-10. 

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

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