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Obstruction of Justice

12 October, 2015 - 15:37

Obstruction of justice takes many forms and is a classic example of an offense against the administration of justice. States and the federal government exercise broad latitude in enacting statutes that criminalize interference with any aspect of law enforcement procedure or the prosecution and conviction of criminal offenders. Some typical examples of obstruction of justice are as follows: giving false identification to a law enforcement officer,   1 impersonating a law enforcement officer,   2 refusing to aid a law enforcement officer when requested,   3 giving false evidence,  4 hiding or concealing oneself and refusing to give evidence,  5 tampering with evidence,   6 and tampering with a witness  7 or juror.  8 All these acts are generally supported by specific intent or purposely or general intent or knowingly. The Model Penal Code prohibits threatening unlawful harm to any person or public servant with purpose to influence his decision, opinion, recommendation, vote, or other exercise of discretion (Model Penal Code § 240.2). Obstruction of justice offenses are most often graded as a misdemeanor or felony, depending on the offense.