Which of the following acts broadened the scope of obstruction of justice with regard to covering up corporate documents?
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Which of the following acts broadened the scope of obstruction of justice with regard to covering up corporate documents?
Obstruction by Destruction of Evidence (18 U.S.C. The obstruction by destruction of evidence offense found in subsection 1512(c) is the creation of the Sarbanes-Oxley Act,76 and proscribes obstruction of federal administrative, judicial, or congressional proceedings by destruction of evidence.
What are the elements of obstruction?
For a person to be convicted of obstruction of justice, they must have acted with the specific intent to create an obstruction. The statute criminalizes “endeavors to influence, intimidate, or impede” the legal process, even if those endeavors were unsuccessful.
What is Giglio evidence?
A Giglio letter is a document written by a prosecutor when he or she finds out about a law enforcement officer who may not be credible on the stand. With this documented lack of credibility, the law enforcement officer is very unlikely to be used as a witness in a trial.
What is 148 g in the Penal Code?
California Penal Code 148(g) PC states that photographing or recording law enforcement does not constitute resisting or obstructing a police officer as long as the officer is in a public place or the person with the camera has the right to be there.
What are some examples of malfeasance?
Examples of Malfeasance in Office
- tampering with evidence is one example of malfeasance in office. Example 2: Excessive Use of Force.
- using a position to intimidate others. Example 4: Using a Public Office to Have Sex.
- Using a political position for monetary gain is an example of malfeasance in office.
What is an example of misfeasance?
Another example of misfeasance would be if a catering company is contracted to provide both food and drinks for a wedding, yet only providers drinks and forgets the food, which was already paid for. In theory, misfeasance differs from nonfeasance, which refers to a failure to act that results in harm to another party.
What is obstruction of justice and the circumstances how the obstruction of justice committed?
Under the Convention, obstruction of justice includes the use of inducements, force, threats or intimidation to interfere with witnesses and judicial or law enforcement officials whose role is to produce accurate evidence and testimony.
What is the difference between 69 PC and 148 PC?
California Penal Code §69 prohibits the use of threats or violence to keep executive officers from doing their jobs. It is closely related to resisting arrest under California Penal Code §148(a)(1). Unlike resisting arrest under Penal Code §148(a)(1), however, PC §69 requires actual violence, or a threat of violence.
Is PC 148 a wobbler?
Under California Penal Code sections 148(b), (c) or (d), this offense is considered a “wobbler,” which means it can be charged as either a misdemeanor or felony depending upon the facts of your case and your prior criminal history.
Is malfeasance a federal crime?
The person affected by corporate malfeasance can seek restitution from the company in civil court. Sometimes, malfeasance can results in criminal charges. Criminal malfeasance such as financial crimes can lead to federal fraud charges and physical crimes can lead to attempted murder or negligent homicide.