NCJ Number
95187
Journal
American Criminal Law Review Volume: 22 Issue: 1 Dated: (Summer 1984) Pages: 1-23
Date Published
1984
Length
23 pages
Annotation
Under the banner of protecting witnesses and victims in criminal cases from harassment and intimidation, Congress enacted a new statute in 1982, codified as 18 U.S.C. section 1512. This statute expands the scope of federal criminal liability for activities commonly known as 'witness tampering,' and significantly reduces the government's burden of proof in certain types of cases.
Abstract
The new provisions, which have yet to receive extensive judicial interpretation, create increased hazards for defense lawyers and their clients faced with ongoing or potential criminal investigations and prosecutions. The new provisions also present novel statutory and constitutional questions that are likely to occupy the courts. This article reviews the new statute and its legislative history, analyzes its application to certain situations commonly encountered in criminal defense practice, and suggests that, absent narrowing of persuasion to the defendant on certain issues -- will not withstand attack under the due process clause. (Publisher abstract)