NCJ Number
207913
Journal
American Criminal Law Review Volume: 41 Issue: 2 Dated: Spring 2004 Pages: 911-945
Date Published
2004
Length
35 pages
Annotation
This discussion of Federal statutes that pertain to obstruction of justice focuses on the provisions of 18 U.S.C. that are given the most expansive treatment by courts when addressing interference with the judicial process, i.e., sections 1503, 1505, 1512, and 1513, with attention also to the recently added Sections 1519 and 1520.
Abstract
One part of this article examines section 1503, which is known as the Omnibus Obstruction provision, because it applies to a broad range of conduct. It governs obstruction of justice that affects jurors, officers of the court, and judges. It intends to protect individuals involved in Federal judicial proceedings from threats, intimidation, and retaliation, as well as witnesses. It also targets miscarriages of justice through corrupt methods. Also discussed are the provisions of section 1505, which governs obstruction of justice in proceedings before departments, agencies, and committees. Another part of the article examines prohibitions against witness tampering under sections 1512 and 1513. These sections, which are part of the Victim and Witness Protection Act of 1982, contain both criminal laws and civil remedies; this discussion focuses on the criminal components of the act. Issues discussed are the general scope of sections 1512 and 1513, the elements of the offense of witness tampering, elements of other section 1512 offenses, possible defenses to allegations under sections 1512 and 1513 crimes, and issues of venue. Corporate accountability is addressed under sections 1519 and 1520, which comprise the Sarbanes-Oxley Act, passed to "protect investors by improving the accuracy and reliability of corporate disclosures." This is done by prohibiting the destruction, alteration, or falsification of documents in relation to or contemplation of either 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. Section 1520 pertains to corporate audit records. The concluding part of the article discusses section penalties under sections 1503, 1512, and 1513. 214 footnotes