- Location: Cleveland, Ohio
- Joined: January 2013
so if you are a jew or a Christian because the evangelicals are the real fecal stains behind this its okay to steal now? see this is why i renounce the abrahamic tradition every one of these relgions is a scam and guilty of genocide
Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings.
Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty faced by prosecutors; witness protection programs were one response to this problem.
1 United States
2 England and Wales
3 International Criminal Court
4 Economic analysis
5 See also
Ted Alvin Klaudt (born April 9, 1958) is a convicted rapist, farmer, rancher, and former Republican member of the South Dakota House of Representatives (1999–2006) from Walker, South Dakota, United States. In November 2007 he was convicted of four counts of raping his two foster daughters.
In the United States, the federal crime of witness tampering is defined by statute at 18 U.S.C. § 1512, which is entitled "tampering with a witness, victim, or an informant." The statute is broad; the Justice Manual notes that it "proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings or the communication of information to Federal law enforcement officers" and applies to tampering with witnesses in "proceedings before Congress, executive departments, and administrative agencies, and to civil and criminal judicial proceedings, including grand jury proceedings." Witness tampering is a crime even if a proceeding is not actually pending, and even if the testimony sought to be influenced, delayed, or prevented would not be admissible in evidence. Section 1512 also provides that the federal government has extraterritorial jurisdiction to prosecute the offenses described by the section.
Witness tampering is a criminal offense even if the attempt to tamper is unsuccessful. The offense also covers the intimidation of not only a witness himself or herself, but also intimidation of "another person" (i.e., a third party, such as a witness's spouse) in order to intimate the witness.
Section 1512 was created as part of the Victim and Witness Protection Act of 1982 (VWPA). Before that time, federal prosecutions "for attempting to or succeeding in corruptly influencing or intimidating witnesses" were prosecuted under the general obstruction of justice statute, 18 U.S.C. § 1503. VWPA established section 1512 to address the specific witness tampering issue, and simultaneously removed references to witnesses from section 1503. This led to uncertainly about whether witness tampering can now be exclusively prosecuted as a federal crime under section 1512, or whether it may also be prosecuted under section 1503 as an alternative or additional charge; the courts of appeals are split on this question.
Notable people in the United States convicted of witness tampering include former South Dakota State Representative Ted Klaudt, political operative Roger Stone, real estate developer Charles Kushner, and Nine Trey Gangsters figure Laron Spicer.
Witness tampering via bribery is not covered by 18 U.S.C. § 1512, but is rather prohibited by a different statute, 18 U.S.C. § 1510.
From Wikipedia, the free encyclopedia. Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings.
Witness tampering - Wikipedia
https://en.wikipedia.org › wiki › Witness_tampering
Forfeiture by wrongdoing
Where the defendant makes the witness unavailable for the purpose of preventing the witness from testifying, the defendant forfeits the right to confront the witness. This exception only applies to circumstances where the defendant acts with the purpose of preventing the testimony, but not to other circumstances where the defendant may nonetheless be blameworthy. For example, the testimonial statements of an uncross-examined murder victim are not admissible against the person who committed the murder unless the murder was committed for the purpose of preventing the victim from testifying.
It is the prosecution's burden to prove, by a preponderance of evidence, that the defendant secured the witness's unavailability for the purpose of preventing the witness to testify
The right only applies to criminal prosecutions, not civil cases or other proceedings. The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in the eye.
Confrontation Clause - Wikipedia
https://en.wikipedia.org › wiki › Confrontation_Clause