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RE: Your case falls apart in the second sentence. Obstruction
Posted on: July 25, 2019 at 09:20:12 CT
Ace UNC
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The elements required for a conviction on an obstruction of justice charge differ slightly by code section. For instance, prosecutors must prove the following elements for a conviction under section 1503 of the federal statute (influencing or injuring an officer or juror):
There was a pending federal judicial proceeding;
The defendant knew of the proceeding; and
The defendant had corrupt intent to interfere with or attempted to interfere with the proceeding.
But regardless of the specific section of federal law (1501 through 1521) cited in a particular case, the prosecution need not prove any actual obstruction -- the defendant's attempt to obstruct is enough. The element of intent, which is central to such cases, is also usually the most difficult to prove; although memos, phone calls, and recorded conversations may be used as evidence to establish this.
There was a pending federal judicial proceeding;
The defendant knew of the proceeding; and
The defendant had corrupt intent to interfere with or attempted to interfere with the proceeding.
But regardless of the specific section of federal law (1501 through 1521) cited in a particular case, the prosecution need not prove any actual obstruction -- the defendant's attempt to obstruct is enough. The element of intent, which is central to such cases, is also usually the most difficult to prove; although memos, phone calls, and recorded conversations may be used as evidence to establish this.
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RE: Your case falls apart in the second sentence. Obstruction - Ace AU - 7/25 09:20:12