Dear rambler-ga;
Thank you for allowing me to answer your interesting question.
Statutes differ from one state and one jurisdiction to another, but
for the sake of your question let?s examine ?Obstruction? from a
federal point of view (just so we?ll all be in the same page here). As
a general rule ?Obstruction of justice? (sometimes called ?Interfering
with governmental operations? in local lingo) refers to behavior that
can be construed as aiding and abetting, accessory, hindering
apprehension and prosecution of another, or deceptive or evasive
answers. You can see some of the prerequisites for the obstruction
related crimes here:
US DEPARTMENT OF JUSTICE
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/69mcrm.htm#9-69.200
http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01739.htm
Here is an excerpt of the actual statute:
18 U.S.C. §1503 Obstruction of Justice
?Whoever corruptly ... influences, obstructs, or impedes, or endeavors
to influence, obstruct, or impede, the due administration of justice,
shall be fined not more than $5,000 or imprisoned not more than five
years, or both.?
HARVARD LAW
http://www.law.harvard.edu/publications/evidenceiii/statutes/obstruct.htm
Pretty broad isn?t it? This is just a guess on my part but I imagine
that far more people have pled guilty to obstruction of justice in a
plea agreement than ever got convicted of it by a jury. It?s one of
those laws that encompassed a host of violations and it is often seen
as the ?lesser offense? of many other more notorious crimes. This
makes it ripe for misunderstanding and thus the perfect threat to a
layman who finds himself facing uncertain legal circumstances with a
light shined in his face. It?s convenient to use a statute that few
people fully understand when making these threats. I knew an officer
once that used to like to threaten people with ?Highway moppery with
intent to gawk?. It sounds serious ? and it was sometimes effective -
but it is actually a fictional charge made up entirely of
double-speak. Nevertheless, it is legal and some law enforcement
officers employ this type of influence when questioning suspects.
There are only two ways to commit the crime of Obstruction of Justice:
By DOING something illegal or SAYING something illegal. If you DO
something illegal that warrants a charge of Obstruction of Justice
based on solid evidence then the authorities already have you, so to
speak, no matter what you might say. The interrogation process won?t
really add anything of substance to their case against you. On the
other hand, in the absence of actual evidence the authorities cannot
charge you for Obstruction of Justice based solely on something you
say unless you actually SAY something illegal (evasive, deceptive,
that aids another or prevents their lawful apprehension, etc). See
what I mean?
Now, having said that, keep in mind that television likes to create a
world of it?s own, and that world isn?t necessarily as factual as it
is entertaining. It is true that an investigator can say just about
anything he wants to an accused short of physical threats (he may
imply that he?ll go easy on them if they confess, he may suggest that
he knows something he doesn?t really know, and he may outright lie
that he?ll throw them in jail if they don?t tell the truth). However,
once a person says that they do not want to answer questions, they not
only have the right to remain silent but questions can no longer be
asked unless or until an attorney is present.
This threat of ?obstruction? is a favorite topic of television
writers. It provides a means of making the officers look ?tough? or
perhaps making their character appear corrupt. The truth is that is
you don?t give ANY answers you cannot be charged with giving any
EVASIVE answers.
In truth (the real world) there is no dividing line between one?s
right to remain silent and obstruction of justice. As long as you
REMAIN silent, the two issues are leagues apart. No one who has
exercised his or her right to remain silent has ever been charged with
making a false statement in the history of the universe (that I know
of), but it sure makes for good television entertainment. It?s when
they talk ? and lie ? that the legal game changes for the worst and
obstruction can indeed become a reality.
This reminds me why people like myself, who have spent a lifetime in
law enforcement, almost NEVER watch crime dramas on television. They
may be powerful, entertaining TV movies to some people but to most of
US they are so riddled with absolute fictional nonsense that they are
not believed even for one moment (and to some extent perhaps,
insulting or embarassing). I?m sure doctors, paramedics, soldiers and
firefighters view these hospital, rescue, war and inferno movies with
the same knowing and eye-rolling smirk.
I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
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