Eleventh Survey of White Collar Crime Federal criminal law has established criminal sanctions for efforts to influence or harm jurors, witnesses, victims and judicial officers to ensure that the criminal justice system is not compromised. The Victim and Witness Protection Act of 1982 provides protection for witnesses that may be subject to threats or intimidation before testifying or retribution after testifying. The obstruction of justice provisions also protect judicial officers and jurors from enumerated attempts to influence, plus other actions that are intended to have the same effect.
SAN FRANCISCO - A federal jury convicted Barry Bonds of a single charge of obstruction of justice Wednesday but failed to reach a verdict on the three counts at the heart of allegations that he knowingly used steroids and human growth hormone and lied to a grand jury about it. Following a 12-day trial and almost four full days of deliberation, the jury of eight women and four men could reach a unanimous verdict only on one of the four counts against Bonds. U.S. District Judge Susan Illston declared a mistrial on the others, a messy end to a case that put the slugger - and baseball itself - under a cloud of suspicion for more than three years.
Introduction. II. Background. III. Federal Statute and Case Law. A. The Obstruction of Justice Omnibus Clause. 1. The Clause Codified. 2. Elements of the Offense. a. Pending Judicial Proceeding. b. Knowledge of the Proceeding. c. Corruptly Endeavoring to Obstruct Justice. i. Corruptly. ii. Endeavoring to Obstruct Justice. (1) Providing False Testimony. (2) Destruction or Alteration of Doc ments and Other Evidence. (3) Fraudulent Schemes. (4) Witness Tampering. 3. Defenses to Section 1503. B. Other Federal Obstruction of Justice Offenses. 1. Obstruction of Persons in the Performance of Their Official Duties. a. Assault on a Process Server. b. Resistance to an Extradition Agent. 2. Obstruction of Judicial Proceedings. a. Influencing a Juror by Writing. b. Theft or Alteration of a Reco...
Burgess discusses Colorado state courts' new policy restricting public access to court records, in which administrative burdens are used to justify partial or full closure of records. The US Supreme Court has never ruled that a court's administrative burdens justify denying access to court records, but has held that the First Amendment permits a judge to deny access in criminal cases only after making a case-by-case determination that a compelling interest outweighs the public's significant interest in particular court records.
Thirteenth Survey of White Collar Crime The statutory and case law regarding the obstruction of justice are surveyed. Issues highlighted are an overview of the omnibus provision, witness tampering and penalties.
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