NCJ Number
214588
Journal
American Criminal Law Review Volume: 43 Issue: 2 Dated: Spring 2006 Pages: 763-797
Date Published
2006
Length
35 pages
Annotation
This article reviews the features of the four sections of Title 18 of the U.S. Code that focus on countering interferences with the judicial process: Sections 1503, 1505, 1512, and 1513.
Abstract
Section 1503, known as the Omnibus Obstruction Provision, applies to a broad range of conduct. It is designed to protect individuals who are involved in Federal judicial proceedings and to prevent the use of corrupt methods to undermine judicial proceedings. The Omnibus Provision protects jurors and judicial officers from threats, intimidation, and retaliation. Likely defenses to charges brought under Section 1503 are "legal impossibility," i.e., the defendant's actions under legal scrutiny did not fit the elements necessary for a crime, and "fear of reprisal," which pertains to a charge of obstructing justice for refusing to testify. This defense refers to a witness's reasonable perception that giving testimony would result in imminent harm to him/her or family members. Section 1505 applies to conduct similar to that addressed by 1503, but the focus is on Federal agency proceedings rather than court proceedings. Section 1512 provides comprehensive Federal protection to witnesses, and Section 1513 protects witnesses against retaliation because of their testimony or other evidence provided at an official proceeding. Likely defenses to charges brought under Sections 1512 and 1513 are also discussed. The article briefly examines the recently added Sections 1519 and 1520. Section 1519 prohibits the destruction, alteration, or falsification of documents 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. Section 1520 requires accountants to keep certain corporate audit records for 5 years. The article's concluding section discusses penalties that can result from violations of Sections 1503, 1512, and 1513. 221 footnotes