NCJ Number
178094
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 929-956
Date Published
1999
Length
28 pages
Annotation
Three provisions of the Federal Code that deal with obstruction of justice are discussed with respect to the elements of the offenses, the defenses, and the penalties.
Abstract
Section 1503 of Title 18 of the Code is the Omnibus provision. It governs both actual and attempted obstructions of justice that affect jurors, officers of the court, and judges. The three elements are that: (1) a Federal judicial proceeding was pending, (2) the defendant knew or had notice about the proceeding, and (3) the defendant acted corruptly with the specific intent to obstruct or interfere with the proceeding or due administration of justice. In addition, the Seventh Circuit requires that a fact finder discern the motive that led the defendant to perform the alleged actions. Constitutional challenges; defenses such as double jeopardy, immunity, and entrapment; zealous representation; and impossibility-of-success defenses have generally failed. However, the defense based on fear of reprisal has had some acceptance. Sections 1512 and 1513 of Title 18 covers witness tampering. Sections 1503, 1512, and 1513 cover the penalties for obstruction of justice under the Federal Sentencing Guidelines. The Guidelines take into account the degree of the offense and the offender's past history. The maximum penalty for obstruction that consists of a killing is death or life imprisonment. Other violations can be punished by imprisonment, a fine, or both. Footnotes