From: drarwingnuttephd@gmail.com   
      
   What You Should Know about Obstruction of Justice   
      
      
   Q: What does it mean to "obstruct justice?"   
   A: Generally, any act that is intended to interfere with the administration of   
   justice may constitute obstruction of justice. There are many different kinds   
   of obstruction of justice that are covered by different federal and state   
   statutes. For example,    
   separate federal statutes cover obstruction of court orders, obstruction of   
   criminal investigations, obstruction of state and local law enforcement of   
   gambling statutes, and tampering with or retaliating against witnesses,   
   victims and informants.    
      
   Q: What sorts of acts may constitute obstruction of justice?   
   A: Obstruction may consist of any attempt to hinder the discovery,   
   apprehension, conviction or punishment of anyone who has committed a crime.   
   The acts by which justice is obstructed may include bribery, murder,   
   intimidation, and the use of physical    
   force against witnesses, law enforcement officers or court officials. The   
   purpose may be to influence, delay or prevent the communication of information   
   to law enforcement officers; to influence, delay or prevent court testimony;   
   to alter or destroy    
   evidence; or to evade a subpoena or similar court process.    
      
   Q: Does obstruction of justice always involve bribery or physical force?   
   A: No. One particularly murky category of obstruction is the use of   
   "misleading conduct" toward another person for the purpose of obstructing   
   justice. "Misleading conduct" may consist of deliberate lies or "material   
   omissions" (leaving out facts which    
   are crucial to a case). It may also include knowingly submitting or inviting a   
   judge or jury to rely on false or misleading physical evidence, such as   
   documents, maps, photographs or other objects. Any other "trick, scheme, or   
   device with intent to    
   mislead" may constitute a "misleading conduct" form of obstruction.    
      
   Q: How has the "misleading conduct" category of obstruction of justice been   
   used?   
   A: The definition of "misleading conduct" is so general that it can be used to   
   fit many different situations. For instance, Whitewater Independent Counsel   
   Kenneth Starr attempted to apply the obstruction statutes very broadly in his   
   investigation of    
   former President Clinton. Mr. Starr argued that Mr. Clinton committed   
   obstruction of justice by denying to friends and subordinates that he engaged   
   in intimate contact with Monica Lewinsky. According to Starr, this constituted   
   "misleading conduct"    
   obstruction because Mr. Clinton expected that his denials would be repeated to   
   the grand jury that was investigating the relationship. Mr. Starr also   
   prosecuted Susan McDougal for obstruction because she refused to testify   
   before the grand jury about Mr.    
   and Mrs. Clinton's investment in the Whitewater real estate project (McDougal   
   was acquitted). And Mr. Starr unsuccessfully prosecuted Julie Hiatt Steele for   
   obstructing the Lewinsky investigation by claiming that she lied to a grand   
   jury about what and    
   when former White House volunteer Kathleen Willey had told her concerning an   
   alleged sexual advance by Mr. Clinton.   
      
   Q: What is "obstruction of official business"?   
   A: Under Ohio law, it is a second-degree misdemeanor to hamper or impede a   
   police officer or other public official in the performance of his or her   
   official duties. This charge encompasses a wide range of affirmative acts,   
   including, for example, lying    
   to a police officer or fleeing from an officer after being ordered to stop.   
   Note that an affirmative act is required, which means that a failure to   
   act--such as refusing to provide identification--does not fall within the   
   statute.   
      
   Q: Must a court case be pending for obstruction to occur?   
   A: No. An official proceeding need not be pending or about to be instituted at   
   the time of the offense. This was illustrated in the Martha Stewart case; her   
   alleged obstruction occurred very early in the investigation. Furthermore, she   
   ended up not being    
   charged with the underlying crime that was being investigated.    
      
   Q: What is the penalty for obstruction?   
   A: Generally, federal obstruction of justice is punishable by up to five years   
   in prison. If the obstruction occurs in connection with the trial of a federal   
   criminal case, the defendant may be sentenced to either five years in prison,   
   or the maximum    
   sentence that could be imposed in the trial in which the obstruction occurred,   
   whichever is greater. For example, if the obstruction occurs in connection   
   with a drug trafficking case carrying a maximum penalty of 20 years in prison,   
   the person who    
   obstructed justice might receive 20 years in prison for obstructing justice.   
   If the person who obstructed justice was also the defendant in the drug   
   trafficking case, the obstruction sentence might be added to the drug   
   trafficking sentence, for a maximum    
   possible sentence of 40 years in prison.    
      
   In Ohio courts, obstruction of official business is a second-degree   
   misdemeanor generally punishable by up to 90 days in jail. If the obstruction   
   creates a risk of physical harm to anyone, it is a fifth-degree felony   
   punishable by up to 12 months in jail.   
      
      
   https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/l   
   wyoucanuse-132.aspx   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)