Elements
-That the accused wrongfully did a certain act;
-That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal proceedings pending;
-That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice; and,
-That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed force or was of a nature to bring discredit upon the armed forces. [1]
Discussion
Obstruction of justice in the military encompasses a much broader prohibition on conduct than federal law.[2] Plainly, the law contemplates efforts to interfere with administrative proceedings as well as criminal. Obstruction can occur when the accused has reason to believe that criminal or administrative proceedings would occur. In fact, the proceedings or investigation need not necessarily include proceedings or investigations under U.S. law. Scheitzer was a case in which a pilot involved in an aircraft mishap in Italy destroyed cockpit video from the flight.[3] In that case, the government charged the pilot with conduct unbecoming an officer for obstructing an Italian investigation. Though there was originally an identical obstruction of justice charge, he pleaded guilty to two conduct unbecoming offenses.
Obstruction cases can be highly fact dependent. The mere attempt to conceal a crime without more may not be an obstruction of justice when officials are not yet aware of the offense.[4] Courts have historically looked for intent to subvert or corrupt the administration of justice.
Standard Instructions
DA Pamphlet 27-9
3-96-1 - Obstructing Justice[5]
3-96A-1 - Wrongful interference with an adverse administrative proceeding[6]
Maximum Punishment
The maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
Lesser Included Offenses
There are no stated lesser-included offenses in the manual.
[1] MCM, Pt. IV, ¶ 96a.
[2] United States v. Jones, 20 M.J. 38, 40 (C.M.A. 1985).
[3] United States v. Schweitzer, 68 M.J. 133 (C.A.A.F. 2009).
[4] United States v. Asfeld, 30 M.J. 917 (A.C.M.R. 1990); United States v. Gray, 28 M.J. 858 (A.C.M.R. 1989).
[5] Military Judges Benchbook, ¶ 3-96-1 - Obstructing Justice.
[6] Military Judges Benchbook, ¶ 3-96A-1 - Wrongful interference with an adverse administrative proceeding.
-That the accused wrongfully did a certain act;
-That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal proceedings pending;
-That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice; and,
-That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed force or was of a nature to bring discredit upon the armed forces. [1]
Discussion
Obstruction of justice in the military encompasses a much broader prohibition on conduct than federal law.[2] Plainly, the law contemplates efforts to interfere with administrative proceedings as well as criminal. Obstruction can occur when the accused has reason to believe that criminal or administrative proceedings would occur. In fact, the proceedings or investigation need not necessarily include proceedings or investigations under U.S. law. Scheitzer was a case in which a pilot involved in an aircraft mishap in Italy destroyed cockpit video from the flight.[3] In that case, the government charged the pilot with conduct unbecoming an officer for obstructing an Italian investigation. Though there was originally an identical obstruction of justice charge, he pleaded guilty to two conduct unbecoming offenses.
Obstruction cases can be highly fact dependent. The mere attempt to conceal a crime without more may not be an obstruction of justice when officials are not yet aware of the offense.[4] Courts have historically looked for intent to subvert or corrupt the administration of justice.
Standard Instructions
DA Pamphlet 27-9
3-96-1 - Obstructing Justice[5]
3-96A-1 - Wrongful interference with an adverse administrative proceeding[6]
Maximum Punishment
The maximum punishment is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for five years.
Lesser Included Offenses
There are no stated lesser-included offenses in the manual.
[1] MCM, Pt. IV, ¶ 96a.
[2] United States v. Jones, 20 M.J. 38, 40 (C.M.A. 1985).
[3] United States v. Schweitzer, 68 M.J. 133 (C.A.A.F. 2009).
[4] United States v. Asfeld, 30 M.J. 917 (A.C.M.R. 1990); United States v. Gray, 28 M.J. 858 (A.C.M.R. 1989).
[5] Military Judges Benchbook, ¶ 3-96-1 - Obstructing Justice.
[6] Military Judges Benchbook, ¶ 3-96A-1 - Wrongful interference with an adverse administrative proceeding.
