Obstructing justice is a term we often hear on TV shows involving police and lawyers, but what does it mean? At its core, it involves any attempt to hinder the legal process. This can happen during a criminal investigation, a trial, or any other legal proceedings. It’s like putting roadblocks in the path of justice, preventing it from reaching its destination.
Definition and Overview
What is Obstructing Justice?
To obstruct justice is to deliberately do something that creates a barrier to the legal system working as it should. This could be lying to the police, hiding evidence, or interfering with a witness. Imagine justice as a train heading to its next stop; obstructing justice would be like putting something on the tracks to stop the train from moving forward.
Examples in Action
Some common examples include giving false information to detectives, bribing jurors, or threatening a witness. All these actions have the same goal: to stop the truth from coming out and to prevent the law from being applied fairly.
Historical Development
The Roots of the Crime
The idea of obstructing justice is as old as law itself. Centuries ago, when societies started forming their own systems of law, it became clear that a fair trial was only possible if everyone involved was honest and the process was not tampered with. Laws against obstructing justice were created to protect the integrity of the legal system.
Legal Evolution
Over time, these laws have evolved. They have expanded to cover more ways someone might try to interfere with justice. From the ancient Roman courts to the modern-day justice system, the goal has always been the same: ensure that justice is served without interference.
Modern Statutory Interpretations
Modern laws have defined and refined what constitutes obstructing justice. The Model Penal Code (MPC), a guideline that helps standardize United States criminal law, addresses this crime directly. It outlines various forms of behavior that can be considered as obstructing justice, such as tampering with evidence or influencing jurors.
Summary of Elements
The Building Blocks of the Crime
To prove someone has obstructed justice, certain elements must be present. There must be an ongoing proceeding, knowledge of that proceeding by the defendant, and an intent to corruptly influence, obstruct, or impede the proceeding in some way.
Here’s how the MPC breaks down the offense of obstructing justice into specific actions:
- Tampering with Witnesses: Attempting to influence a witness’s testimony or encouraging them not to testify.
- Tampering with Jurors: Attempting to influence jurors through threats, bribes, or other forms of intimidation.
- Tampering with Evidence: Altering, destroying, hiding, or fabricating evidence that is relevant to a legal proceeding.
- Resisting Arrest: Physically preventing a lawful arrest or providing false identification to law enforcement.
- Escape: Fleeing from custody or failing to return to custody if released on bail or on one’s own recognizance.
- Misleading Conduct: Providing false information to law enforcement, courts, or regulatory agencies.
- Failure to Report a Bribe: Not informing authorities about a bribe you’re aware of, that affects a legal proceeding.
- Retaliation: Acting against someone for their role in the legal process, like reporting a crime or participating in an investigation.
These are some examples of how one could obstruct justice, according to the MPC. Each of these actions could be charged separately depending on the situation and the intent behind the action.
Modification History File Created: 07/17/2018 Last Modified: 11/07/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
