The Evolution Of Obstruction Of Justice Laws

Obstruction of justice is a broad term that refers to a number of offences that involve unduly influencing, impeding, or interfering with the justice system. While there is no single law that prohibits obstruction of justice, there are multiple federal and state statutes that address this issue due to the numerous methods in which it can be carried out. Obstruction of justice can be committed by a wide range of individuals, from elected officials to street criminals, and can result in major consequences, including imprisonment and fines. The legal definition of obstruction of justice and the penalties for committing this crime vary across different jurisdictions.

Obstruction of justice: definition

Obstruction of justice is a broad term that covers a variety of specific crimes. It refers to actions by individuals that illegally prevent or influence the outcome of a government proceeding. It involves unduly influencing, impeding, or otherwise interfering with the justice system, particularly the legal and procedural tasks of prosecutors, investigators, or other government officials.

The term "obstruction of justice" is often associated with efforts to prevent the government from uncovering crimes or other improper conduct. Offenders may seek to hamper the legitimate operation of the justice system or a government office, at any level, from local to federal. Obstruction of justice charges can result in major consequences, including imprisonment and fines.

To be convicted of obstruction of justice, an individual must act with the specific intent to prevent a government official from performing their duties. This can include interfering with the justice process, federal court proceedings, criminal investigations, or the operation of law enforcement. Some common forms of obstruction of justice include:

• Resisting or obstructing law enforcement officers
• Aiding in an escape or resisting arrest
• Intimidating or tampering with witnesses
• Destroying, altering, or concealing evidence
• Retaliating against witnesses, victims, or informants
• Obstructing a criminal investigation through bribery
• Interfering with process servers or government officials
• Recording or observing jury deliberations
• Stealing or altering court records

Obstruction of justice is a crime on both the state and federal levels in the United States, and the laws and penalties vary by state. While there is no general statute that simply prohibits obstruction of justice, there are multiple federal and state statutes that address specific behaviours that constitute obstruction. For example, under Pennsylvania law, certain actions such as obstructing the administration of law, picketing near a courthouse, unlawfully listening to jury deliberations, and unlawfully recording court proceedings are prohibited.

The meaning of obstruction of justice can be clarified by understanding its common traits. It encompasses any "interference with the orderly administration of law and justice," including corruption, threats, force, deceit, or violence that impede government activities or frustrate governmental purposes.

Obstruction of justice: history

Obstruction of justice is a broad term that refers to a number of offences that involve unduly influencing, impeding, or interfering with the justice system. While the concept of obstruction of justice has existed for a long time, the formal legal definition and the specific laws surrounding it have evolved over the years. Here is a brief history of obstruction of justice:

Early History

From the creation of the federal courts by the Judiciary Act of 1789, judges had the power to punish those who obstructed justice by holding them in contempt of court. This power was not without its challenges, as evidenced by a scandal in 1830 involving a federal judge, James H. Peck, who imprisoned a lawyer for contempt for publishing a letter criticising one of Peck's opinions. This incident led to reform and, in 1831, Congress passed a law limiting the application of summary contempt procedures to offences committed in or near the court. This reform also saw the creation of the Omnibus Clause, which survives today, to punish contempts committed outside of the court, but only after indictment and trial by jury.

Development of Obstruction of Justice Laws

Over the years, the United States Congress has continued to refine and expand the laws surrounding obstruction of justice. In 1982, Congress broadened the law against witness tampering and criminalised retaliation against witnesses with the Victim and Witness Protection Act. This was done to address concerns that the existing obstruction law did not provide adequate protection to crime victims and other witnesses.

Modern Applications

Obstruction of justice has become an increasingly prominent issue in modern times, with several high-profile cases involving political figures and businesses. For example, the impeachment proceedings against Richard Nixon in 1974 included charges of obstruction of justice for impeding the investigation of the Watergate burglary. More recently, efforts to impeach Donald Trump have involved allegations of obstruction of justice in relation to the investigation of Russian interference in the 2016 presidential election. These cases demonstrate the ongoing evolution of obstruction of justice laws and their application to a wide range of scenarios.

Obstruction of justice: federal law

Obstruction of justice is a broad term that refers to a number of offences that involve unduly influencing, impeding, or interfering with the justice system. In the United States, obstruction of justice is defined by federal law as:

> "...corruptly or by threats or force, or by any threatening letter or communication, influenc [ing], obstruct [ing], or imped [ing], or endeavour [ing] to influence, obstruct, or impede, the due administration of justice."

Obstruction of justice is an umbrella term that covers a wide range of specific crimes, including perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and assault on a process server. It can be committed by a variety of individuals, including judges, prosecutors, attorneys general, and elected officials.

In federal law, crimes constituting obstruction of justice are outlined primarily in Chapter 73 of Title 18 of the United States Code. This chapter includes provisions that cover specific crimes, such as witness tampering, jury tampering, and destruction of evidence, as well as more general sections covering obstruction of proceedings in federal courts, Congress, and federal executive agencies.

One of the broadest provisions in Chapter 73 is the Omnibus Clause, which states that anyone who "corruptly...endeavors to influence, obstruct, or impede, the due administration of justice" in connection with a pending court proceeding is subject to punishment. This clause is designed to capture a wide range of obstructive behaviours and ensure the integrity of the justice system.

Under federal sentencing guidelines, a defendant convicted of any crime may face a more severe sentence if they are found to have obstructed justice by impeding the investigation or prosecution of their crimes. This enhancement can add up to 68 months to the offender's sentence, demonstrating the seriousness with which the justice system views obstruction of justice.

The history of obstruction of justice as a federal crime can be traced back to the Judiciary Act of 1789, which granted judges the power to punish those who obstructed justice through contempt of court. However, a scandal involving the abuse of this power by Judge James H. Peck in 1830 led to reforms and the creation of obstruction of justice as a separate offence. Congress passed a law in 1831 limiting the application of summary contempt procedures and added the Omnibus Clause to address contempts committed outside of the court, requiring indictment and trial by jury.

Over the years, Congress has continued to broaden and strengthen obstruction of justice laws in response to various incidents and concerns, including the Victim and Witness Protection Act of 1982, the Sarbanes-Oxley Act of 2002, and other legislative efforts to hold accountable those who interfere with the administration of justice.

Obstruction of justice: state law

In the United States, obstruction of justice is a broad term that covers a variety of crimes that involve unduly influencing, impeding, or interfering with the justice system. While there is no federal law that specifically defines obstruction of justice, various federal and state statutes criminalise different methods of committing this offence.

State laws regarding obstruction of justice vary widely. A 2004 survey found that 24 states and the District of Columbia had a general statute criminalising obstruction of justice or the obstruction of government functions in broad terms, similar to those found in federal law. All states have laws prohibiting some specific types of obstruction, such as witness tampering, jury tampering, or destruction of evidence.

For example, under California law, there is no specific statute for "obstruction of justice". However, several types of misdemeanour and felony crimes fall under the umbrella of obstructing justice. These include:

• Offering false evidence (Penal Code 132 PC)
• Preparing false evidence (Penal Code 134 PC)
• Destroying evidence (Penal Code 135 PC)
• Tampering with or intimidating witnesses (Penal Code 136.1 PC)
• Resisting or obstructing a police officer (Penal Code 148 PC)

California's legal system is designed to give law enforcement the ability to perform their official duties without interference. Therefore, any attempt to hinder law enforcement officers from performing their duties could lead to some type of obstruction of justice charge.

Obstruction of justice: consequences

Obstruction of justice is a broad term for a variety of specific crimes. It refers to actions that prevent or influence the outcome of a government proceeding, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Obstruction of justice can be committed by judges, prosecutors, attorneys general, and elected officials.

Federal Law

In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. This chapter includes provisions covering witness tampering and retaliation, jury tampering, destruction of evidence, assault on a process server, and theft of court records. The Omnibus Clause, one of the broadest provisions in the chapter, states that anyone who "corruptly...endeavors to influence, obstruct, or impede, the due administration of justice" in connection with a pending court proceeding is subject to punishment.

State Laws

State laws regarding obstruction of justice vary widely. While all states address obstruction of justice in some form, the specific definitions of offenses and penalties differ. Some states, like Florida, define specific acts that constitute obstruction of justice, while others, like Ohio, have more comprehensive statutes that cover a range of behaviors. For example, under Ohio law, it is illegal to harbor or conceal a person, provide them with means to avoid discovery or arrest, warn them of impending discovery or arrest, or induce another to withhold testimony.

Consequences

The consequences for obstruction of justice can be severe and vary depending on the specific crime committed and the jurisdiction in which it is prosecuted. Under the Federal Sentencing Guidelines, a defendant convicted of any crime may be subject to a more severe sentence if they are found to have obstructed justice by impeding the investigation or prosecution of their crimes. This can result in an additional 68 months of prison time. At the state level, obstruction of justice offenses are typically classified as felonies or misdemeanors, with penalties ranging from fines to imprisonment. For example, in Washington state, "obstructing a law enforcement officer" is a gross misdemeanor punishable by a fine of up to $5,000 and up to 364 days in jail.

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