NCJ Number
97771
Date Published
1985
Length
13 pages
Annotation
This statement addresses the obstruction-of-justice provisions and other related provisions in the Victims and Witness Protection Act of 1982.
Abstract
Four primary court opinions concerning the omnibus clause in section 1503 are discussed: United States v. Hernandez, United States v. Beatty, United States v. Lester, and United States v. Wesley. The cases are shown to fall into three broad categories. First, in Hernandez, the court suggests that conduct involving witnesses is no longer covered by section 1503. Second, in Lester and Beatty, the courts suggest that obstruction-type conduct involving threats, intimidation, harassment, and misleading activity are now solely within section 1512, and other kinds of obstruction-of-justice conduct are prohibited by section 1513. Finally, in Wesley, the court suggests that the omnibus clause in section 1503 retains all of its former vitality and continues to prohibit threats and intimidation directed at witnesses; the Justice Department's belief that the Wesley case correctly interprets the statutes is expressed. The Justice Department's disagreement with the decision in United States v. King is cited: the defendant had tried to persuade a witness to lie, and the court found that such persuasion was not prohibited by section 1512. The Justice Department's view that section 1513 extends to cases of economic retaliation is explained, and the need for an amendment to restore the Racketeering Influenced and Corrupt Organizations (RICO) coverage to sections 1512 and 1513 is emphasized. Finally, problems relating to venue under sections 1503 and 1512 are identified. Included are 24 references.