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South Carolina OBSTRUCTION OF CRIMINAL INVESTIGATIONS

South Carolina OBSTRUCTION OF CRIMINAL INVESTIGATIONS

Name: South Carolina OBSTRUCTION OF CRIMINAL INVESTIGATIONS
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (401 reviews)

Category:

South Carolina Federal - Jury Instructions - 4th Circuit - Criminal

State:

South Carolina

Control #:

SC-FEDDC-JURY-18-1510-CR

Format:

Instant download

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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

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FAQ

(2) destroy, impede, or attempt to obstruct or impede the administration of justice in any court. (B) A person who violates the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both. HISTORY: 1980 Act No.

Federal Obstruction of Justice Witness tampering, bribing juries, and destroying evidence are examples of obstructions at the federal level. Anyone who tampers with evidence with the intent to obstruct justice in a federal court case may face upwards of 20 years in prison.

If you interfere with or impede a criminal investigation or the prosecution of a crime, you have committed a crime, specifically obstruction of justice. The act should have been committed with criminal or corrupt intent and the effect of the act on criminal investigation or prosecution should be reasonably foreseeable.

Obstruction of justice: SC Code § 16-9-340 makes it a felony punishable by up to ten years in prison to 1) ?intimidate or impede a judge, magistrate, juror, witness, or potential juror or witness? by force or 2) ?destroy, impede, or attempt to obstruct or impede the administration of justice in any court.?

The criminal penalties for obstruction of justice in a federal case range from non-prosecution to probation and include up to five years in prison and substantial fines. In some cases, the potential federal prison term can go even higher, up to 20 years. Penalties vary at the state level.

South Carolina Code 17-25-65 allows the State to seek a reduction in a defendant's sentence where they haveprovidedsubstantial assistance to the State. Judges do not make the law, rather they apply the laws enacted by the GeneralAssembly.

Preservation of Evidence Requirements Section 17-28-320 requires that the evidence be preserved until the convicted person is released from incarceration, dies while incarcerated or is executed.

Misleading or lying to investigators is a typical example of federal obstruction of justice. Bribing a government official, destroying evidence, or giving a false alibi to protect a friend or family member are also classic examples of obstruction of justice.

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18 U.S.C. 1510 - Obstruction of criminal investigations. View the most recent version of this document on this website.Obstruction of justice is a federal offense that involves attempting to impede or delay justice or criminal proceedings. Obstruction of justice is when someone acts in a way to intentionally impede or interfere with a government investigation or prosecution. Federal obstruction of justice covers many potential offenses and is often described as a crime against the justice system itself. Manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. The relevant laws dealing with obstruction of justice are found in 18 U.S. Code Chapter 73. There are numerous ways that one may commit the crime of obstructing justice. Some obstruction of justice crimes can only lead to a conviction if a certain amount of money is involved. Obstruction may consist of any attempt to hinder the discovery, apprehension, conviction or punishment of anyone who has committed a crime.

South Carolina OBSTRUCTION OF CRIMINAL INVESTIGATIONS

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