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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. Named for the U.S. Supreme Court's 1966 decision Miranda v. Arizona, these rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of Miranda."
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.
The Starr Report, officially the Referral from Independent Counsel Kenneth W. Starr in Conformity with the Requirement of Title 28, United States Code, Section 595(c), is a United States federal government report by Independent Counsel Ken Starr concerning his investigation of President Bill Clinton. Delivered to the United States Congress on September 9, 1998, the allegations in the report led to the impeachment of Bill Clinton and the five-year suspension of Clinton's law license.
A miscarriage of justice occurs when an unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings.
An accessory is a person who assists, but does not actually participate, in the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree:
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
Making false statements is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, even by merely denying guilt when asked by a federal agent.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
Title VIII: Strengthening the criminal laws against terrorism is the eighth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States one month after the September 11, 2001 attacks. Title VIII contains 17 sections and creates definitions of terrorism, and establishes or re-defines rules with which to deal with it.
In United States criminal procedure terminology, a process crime is an offense against the judicial process. These crimes include failure to appear, false statements, obstruction of justice, contempt of court and perjury.
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions.
Yates v. United States, 574 U.S. 528 (2015), was a United States Supreme Court case in which the Court construed 18 U.S.C. § 1519, a provision added to the federal criminal code by the Sarbanes-Oxley Act, to criminalize the destruction or concealment of "any record, document, or tangible object" to obstruct a federal investigation. By a 5-to-4 vote, the Court stated that the term "tangible object" as used in this section means an object used to record or preserve information, and that this did not include fish.
The Penal Code is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.
Kingsley Books, Inc. v. Brown, 354 U.S. 436 (1957), was a Supreme Court case that addressed issues of obscenity, free speech, and due process. The case stemmed from the confiscation and destruction of books from a New York City bookstore. The court's determination was that:
A state injunction against distribution of material designated as "obscene" does not violate freedom of speech and press protected by the First Amendment and the Due Process Clause of the Fourteenth Amendment.
Conspiracy against the United States, or conspiracy to defraud the United States, is a federal offense in the United States of America under 18 U.S.C. § 371. The statute originated under a federal law enacted in 1867 that was codified in the Revised Statutes of the United States in 1874, in a subsequent codification of federal penal statutes in 1909, and ultimately in the United States Code in 1948. The crime is that of two or more persons who conspire to commit an offense against the United States, or to defraud the United States.
Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 in reaction to the Enron scandal, and closed a legal loophole on who could be charged with evidence tampering by defining the new crime very broadly.
Fischer v. United States, 603 U.S. ___, was a United States Supreme Court case about the proper use of the felony charge of obstructing an official proceeding, established in the Sarbanes–Oxley Act, against participants in the January 6 United States Capitol attack. The Supreme Court ruled 6–3 in June of 2024 that the charge only applied when the defendant "impaired the availability or integrity" of a physical document or object used in an official proceeding.
References
- 1 2 3 4 67 Corpus Juris Secundum Obstructing Justice § 63 (footnotes omitted).
- 1 2 John F. Decker, The Varying Parameters of Obstruction of Justice in American Criminal Law, 65 LA. L. Rev. 40, 83-84 (2004).
- 1 2 United States v. Velarde-Gomez, 269F.3d1023 , 1032-33(9th Cir.2001).