skylive5 Posted July 11, 2007 Share Posted July 11, 2007 In one of the Nero Wolfe shows a point about obstruction of justice is brought up. If you have knowledge that will convict a person and withhold it..that is obstruction of justice. If you have knowledge that a person is innocent and withhold it... is that obstruction? (You don't know who did it...but you do have proof that the person the police have in custody didn't do it.) Has this ever been raised judiciously? Are you guilty of obstruction of justice? Quote Link to comment Share on other sites More sharing options...
Ursa Majoris Posted July 11, 2007 Share Posted July 11, 2007 bump I have no idea but I'm interested to find out. Quote Link to comment Share on other sites More sharing options...
skylive5 Posted July 11, 2007 Author Share Posted July 11, 2007 *sigh* Why is it that whenever I break down and ask lawyers a question they are all on vacation? The resident physco.....therapist is always here. The resident gyno is always here. The resident auto mechanic is always here. The lawyers ... not so much I guess. Either that or they are checking with their own lawyer about the legalities of answering the question..... Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted July 11, 2007 Share Posted July 11, 2007 If you have knowledge that will convict a person and withhold it..that is obstruction of justice. If you have knowledge that a person is innocent and withhold it... is that obstruction? (You don't know who did it...but you do have proof that the person the police have in custody didn't do it.) Has this ever been raised judiciously? Are you guilty of obstruction of justice? technically, there's no distinction. but practically.....well, think of it this way, who's gonna prosecute you for obstruction? right, the same folks who are prosecuting the person in the main case. Quote Link to comment Share on other sites More sharing options...
skylive5 Posted July 11, 2007 Author Share Posted July 11, 2007 technically, there's no distinction. but practically.....well, think of it this way, who's gonna prosecute you for obstruction? right, the same folks who are prosecuting the person in the main case. Why wouldn't there be a distiction? I know something that will convict someone.... everyone knows I know.... I refuse to talk..... I am obstructing justice. I know something that will release someone in custody... I don't know who the actual person is that did the crime... I don't like the guy they are trying to pin it on.... everyone knows I can get this guy released... I refuse to talk. No obstruction. Quote Link to comment Share on other sites More sharing options...
alexgaddis Posted July 11, 2007 Share Posted July 11, 2007 Why wouldn't there be a distiction? I know something that will convict someone.... everyone knows I know.... I refuse to talk..... I am obstructing justice. I know something that will release someone in custody... I don't know who the actual person is that did the crime... I don't like the guy they are trying to pin it on.... everyone knows I can get this guy released... I refuse to talk. No obstruction. Why do you hate Michael Vick? Quote Link to comment Share on other sites More sharing options...
skylive5 Posted July 11, 2007 Author Share Posted July 11, 2007 Why do you hate Michael Vick? I am a Vick owner... you are not a lawyer.... go away.... thank you for calling. Quote Link to comment Share on other sites More sharing options...
MrTed46 Posted July 11, 2007 Share Posted July 11, 2007 Vick belongs in jail Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted July 11, 2007 Share Posted July 11, 2007 Why wouldn't there be a distiction? I know something that will convict someone.... everyone knows I know.... I refuse to talk..... I am obstructing justice. I know something that will release someone in custody... I don't know who the actual person is that did the crime... I don't like the guy they are trying to pin it on.... everyone knows I can get this guy released... I refuse to talk. No obstruction. well, you're presenting two totally separate situations. to compare apples to apples: I know something that will convict someone.... everyone knows I know.... I refuse to talk..... I am obstructing justice. I know something that will prove someone innocent.... everyone knows I know.... I refuse to talk..... I am obstructing justice. but basically you only get charged with obstruction of justice if you somehow try and actively thwart an ongoing investigation (at the investigative stage, not so much at trial) -- technically, this applies to evidence that is exculpatory toward any particular party just as it does to info that is damning. however, if everyone knows you know, you'll probably get subpoenaed as a witness anyway. if you don't have a valid reason for not talking (like the 5th amendment privilege), then you get charged with contempt of court, not obstruction of justice. Quote Link to comment Share on other sites More sharing options...
skylive5 Posted July 11, 2007 Author Share Posted July 11, 2007 well, you're presenting two totally separate situations. to compare apples to apples: I know something that will convict someone.... everyone knows I know.... I refuse to talk..... I am obstructing justice. I know something that will prove someone innocent.... everyone knows I know.... I refuse to talk..... I am obstructing justice. but basically you only get charged with obstruction of justice if you somehow try and actively thwart an ongoing investigation (at the investigative stage, not so much at trial) -- technically, this applies to evidence that is exculpatory toward any particular party just as it does to info that is damning. however, if everyone knows you know, you'll probably get subpoenaed as a witness anyway. if you don't have a valid reason for not talking (like the 5th amendment privilege), then you get charged with contempt of court, not obstruction of justice. That would work. You are not obstructing justice... but you are in contempt. I can buy that. Quote Link to comment Share on other sites More sharing options...
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