NCJ Number
236276
Journal
American Criminal Law Review Volume: 48 Issue: 2 Dated: Spring 2011 Pages: 955-995
Date Published
2011
Length
41 pages
Annotation
This overview of the features of Federal obstruction-of-justice legislation (sections 1501-1521 of Title 18 of the U.S. Code) focuses on the sections given the most expansive treatment by courts: sections 1503, 1505, 1510, 1512, 1513, 1519, and 1520.
Abstract
Obstruction of justice is any "interference with the orderly administration of law and justice." One section of this article addresses section 1503 of Title 18 of the U.S. Code, which governs obstruction of justice that affects jurors, officers of the court, and judges; section 1505, which pertains to obstruction of justice in proceedings before departments, agencies, and committees; and section 1510, which addresses obstruction of a Federal criminal investigation. Section 1503 is known as the Omnibus Obstruction Provision because it applies to a broad range of conduct. In order to prove a violation of section 1503, the prosecution is required to show that the obstruction was directed toward a pending Federal judicial proceeding; the defendant knew or had notice of the proceeding; and the defendant acted or attempted to act corruptly with intent to obstruct or interfere with the proceeding or due administration of justice. Defenses to section 1503 charges are outlined, and sentence options are reviewed. Another section of the article considers the scope, elements, acts prosecuted under, and defenses and penalties for witness tampering as specified in sections 1512 and 1513 of Title 18 of the U.S. Code. Corporate accountability in the obstruction of justice is addressed in sections 1519 and 1520 of Title 18. Section 1519 pertains to the destruction, alteration, or falsification of documents; and section 1520 requires accountants to keep certain corporate audit records for 5 years. Defenses and penalties for these sections are briefly discussed. The article concludes with a discussion of obstruction of justice in other crimes. 280 notes