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Obstruction of Justice

NCJ Number
231923
Journal
American Criminal Law Review Volume: 47 Issue: 2 Dated: Spring 2010 Pages: 847-887
Author(s)
Justin Alexander Kasprisin
Date Published
2010
Length
41 pages
Annotation
In reviewing Federal law designed to criminalize obstruction of justice ("interference with the orderly administration of law and justice"), this article focuses on the sections of 18 U.S.C. that are intended to protect the integrity of proceedings before the Federal judiciary and other governmental bodies.
Abstract
The article first explains the features of section 1503 of 18 U.S.C., which governs obstruction of justice that affects jurors, officers of the court, and judges. This is followed by an overview of section 1505, which targets obstruction of justice in proceedings before departments, agencies, and committees; and section 1510, which prohibits impeding a witness in a Federal investigation. Prohibitions against witness tampering are then explained as laid out in sections 1512 and 1513 of 18 U.S.C. Corporate accountability in obstruction-of-justice matters is the focus of the provisions of sections 1519 and 1520. The article concludes with an analysis of how obstruction of justice can impact penalties for crimes to which an obstruction-of-justice offense is linked. For each of the 18 U.S.C. sections that pertain to obstruction of justice, the article addresses elements of the offense, acts prosecuted under the section, the venue for prosecution, possible defenses, and penalties. 280 notes