Evidence Tampering & Jury Tampering

“Obstruction of justice” is a legal term that has been in the news a lot in the last few years.

Obstruction of justice can be charged as a federal criminal offense, it can be charged as a state-level criminal offense, or it could be an accusation that is leveled as part of a “political prosecution” in non-criminal proceedings like impeachment.

In this article, we will discuss South Carolina state-level obstruction of justice charges and other related offenses, including:

• Statutory obstruction of justice charges,
• The common-law offense of obstruction of justice,
• Jury tampering,
• Evidence tampering,
• Misprision of a felony, and
• Accessory after the fact to a felony.

What is Obstruction of Justice in SC?

Under South Carolina law, when someone says “obstruction of justice,” they could be referring to:

• Statutory obstruction of justice charges,
• Common law obstruction of justice charges, or
• Other related offenses like jury tampering or misprision of a felony.

Two Types of Obstruction of Justice Charges: Statutory & Common Law

 

1. Statutory Obstruction of Justice in SC

South Carolina has a statute, SC Code § 16-9-340, that codifies the offense of “obstruction of justice and defines it as:

• Intimidating or impeding any court official in the discharge of their duty by threat, force, or
• Destroying, impeding, or attempting to destroy or impede “the administration of justice in any court” by threat or force.

That’s a broad definition, but unlike the common law offense of obstruction, it only applies when a person uses “threat or force” to accomplish the obstruction.

The statutory offense of obstruction of justice in SC carries a maximum potential sentence of ten years, a ten thousand dollar fine, or both.

2. Common Law Obstruction of Justice in SC

However, South Carolina’s statutory offense of obstruction did not replace the common law offense of obstruction.

In State v. Lyles-Gray, the SC Court of Appeals held that 1) common law obstruction of justice is still a valid criminal offense in South Carolina, and 2) unlike the statutory offense, proof of common law obstruction does not require a finding that the defendant accomplished the obstruction by threat or force.

Common law obstruction of justice has a very broad definition: “It is an offense to do any act which prevents, obstructs, impedes, or hinders the administration of justice.” State v. Cogdell, 273 S.C. 563, 567, 257 S.E.2d 748, 750 (1979).

The definition is vague, and there are no set requirements to charge a person with common-law obstruction, which can easily lead to overreaching and abuses of power by police.

Examples of Obstruction of Justice in SC

What are some examples of obstruction of justice in South Carolina?

• A defendant in a criminal case threatens a juror with violence unless they vote for a not guilty verdict (statutory obstruction of justice),
• A defendant in a criminal case very politely asks a juror to vote for a not-guilty verdict  (common-law obstruction of justice),
• A defendant’s mother in a criminal case calls in a bomb threat to the courthouse (statutory obstruction of justice as well as potentially other crimes),
• A plaintiff in a civil case forges an affidavit by a witness (common law obstruction obstruction of justice as well as potentially other crimes), or
• A police officer threatens to assault a defense attorney if they ask certain types of questions during cross-examination (statutory, common law obstruction of justice, and potentially other crimes).

As with the statutory offense of obstruction of justice, common law obstruction of justice carries a potential penalty of up to ten years in prison.

Obstruction of Justice – Other SC Offenses

When prosecutors or police refer to “obstruction of justice,” other criminal offenses could ultimately be charged, including jury tampering, misprison of a felony, or accessory after the fact to a felony.

1. Jury Tampering

If a person “attempts personally or through third parties to influence the action or decision of any grand or petit juror of any court in this State or any prospective juror, upon any issue or matter which is or may be pending before such juror or before the jury of which he is or may become a member, by writing or sending him any written communication or making any oral communication relating to such issue or matter,” they could be charged with:

• “Attempting to influence juror” under SC Code § 16-9-350, a misdemeanor that carries up to six months in prison, a five hundred dollar fine, or both,
• Common law obstruction of justice, or
• Statutory obstruction of justice if the person used force or the threat of force.

2. Misprision of a Felony

When a person is accused of deliberately concealing their knowledge of a felony that has been committed (an affirmative act like lying to law enforcement, concealing evidence, or destroying evidence, for example), they could be charged with:

• Misprision of a felony, a common law offense for concealing the commission of a felony,
• Accessory after the fact to a felony (see below),
• Common law obstruction of justice, or
• Statutory obstruction of justice if the person used force or the threat of force.

3. Accessory After the Fact

When a person is accused of helping to cover up a crime, harboring a fugitive, or taking any affirmative action to assist someone who has committed a felony offense to cover up the crime or escape justice, they could be charged with:

• Accessory after the fact to a felony,
• Misprision of a felony,
• Common law obstruction of justice, or
• Statutory obstruction of justice if the person used force or the threat of force.

The potential penalty for accessory after the fact depends on the classification of the underlying/ principal offense. Under SC Code § 16-1-55, the potential penalty for a conviction is:

• The same as that of the classification one level below the principal offense (for example, if the underlying offense is a felony, the potential penalty for accessory after the fact is up to ten years (the potential punishment for the underlying felony, found in SC Code § 16-1-20).

If you have been charged with or think that you may be under investigation for obstruction of justice or a related charge in South Carolina, you may consider discussing your case first with a criminal defense attorney. 

Questions About Obstruction of Justice Charges in SC?

If you were charged with a crime, including obstruction of justice, jury tampering, evidence tampering, misprison of a felony, or accessory after the fact to a felony in SC, contact a Summerville, SC, criminal defense attorney to discuss your options.

Contact us through our website using this form or call 843-607-9800 to speak with attorney Susan Williams today.