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To: WildHighlander57

126 posted on 06/22/2014 3:14:21 PM PDT by tired&retired
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To: tired&retired
You DO realize that no one can read that microscopic text?
How about a link instead?
154 posted on 06/22/2014 7:47:00 PM PDT by publius911 ( Politicians come and go... but the (union) bureaucracy lives and grows forever.)
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To: tired&retired
Copyright © 1992 New York University Law Review. New York University Law Review
NOTE: A FUNNY THING HAPPENED ON THE WAY TO THE COURTHOUSE: MENS REA, DOCUMENT DESTRUCTION, AND THE FEDERAL OBSTRUCTION OF JUSTICE STATUTE.
JUNE, 1992
67 N.Y.U.L. Rev. 570

Author JOSEPH V. DE MARCO *
Excerpt

INTRODUCTION

Section 1503 of the federal obstruction of justice statute 1 is one of the most powerful tools available to a prosecutor. 2 In the past, it has been used to punish an extremely wide range of behavior, including witness tampering, bribery of court personnel, perjury, document destruction, and attempts to mislead the government.

Yet despite the broad range of acts that fall within its bounds, a critical element of the offense of "obstruction of justice" remains obscured by Congressional silence and confused by judicial interpretation. Although one might presume the crime to require a purposeful frame of mind, the mens rea 4 requirement has never been clearly articulated. 5 This ambiguity has lead to a deepening rift between the circuits on the proper mens rea requirement for criminal obstruction of justice.

This Note argues that the mens rea requirement articulated by the Fourth Circuit in United States v. Neiswender, 6 and adopted by the Second, Fifth, Seventh, and Eleventh Circuits, is inconsistent with § 1503's legislative history, the Supreme Court's decision in Pettibone v. United States, 7 and the mens rea requirements in analogous areas of law. Furthermore, this Note argues that the Neiswender doctrine, if carried to its logical extreme, could permit criminal prosecution of conduct which amounts to little more than negligence.

Part I discusses the obstruction of justice statute, examining both its legislative history and the conflicting judicial interpretations of its mens rea requirement. Part II focuses on the ...
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That's the best I could do at the legal subscription site, Lexis Nexis.

156 posted on 06/22/2014 8:05:19 PM PDT by publius911 ( Politicians come and go... but the (union) bureaucracy lives and grows forever.)
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