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NCJRS Abstract

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NCJ Number: 97771 Find in a Library
Title: Statement of James I K Knapp, Deputy Assistant Attorney General, Criminal Division, Before the House Subcommittee on Criminal Justice Concerning Amendments to the Victim and Witness Protection Act of 1982 on April 3, 1985
Author(s): J I K Knapp
Corporate Author: US Dept of Justice
Asset Forfeiture and Money Laundering Section
Criminal Division
United States of America
Date Published: 1985
Page Count: 13
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: This statement addresses the obstruction-of-justice provisions and other related provisions in the Victims and Witness Protection Act of 1982.
Abstract: Four primary court opinions concerning the omnibus clause in section 1503 are discussed: United States v. Hernandez, United States v. Beatty, United States v. Lester, and United States v. Wesley. The cases are shown to fall into three broad categories. First, in Hernandez, the court suggests that conduct involving witnesses is no longer covered by section 1503. Second, in Lester and Beatty, the courts suggest that obstruction-type conduct involving threats, intimidation, harassment, and misleading activity are now solely within section 1512, and other kinds of obstruction-of-justice conduct are prohibited by section 1513. Finally, in Wesley, the court suggests that the omnibus clause in section 1503 retains all of its former vitality and continues to prohibit threats and intimidation directed at witnesses; the Justice Department's belief that the Wesley case correctly interprets the statutes is expressed. The Justice Department's disagreement with the decision in United States v. King is cited: the defendant had tried to persuade a witness to lie, and the court found that such persuasion was not prohibited by section 1512. The Justice Department's view that section 1513 extends to cases of economic retaliation is explained, and the need for an amendment to restore the Racketeering Influenced and Corrupt Organizations (RICO) coverage to sections 1512 and 1513 is emphasized. Finally, problems relating to venue under sections 1503 and 1512 are identified. Included are 24 references.
Index Term(s): Racketeer Influenced and Corrupt Organizations (RICO) Act; US Department of Justice; Victim Witness Protection Act 1982; Victim-witness intimidation
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