HAR §7-9-20. Obstructing justice

(a) A model specification of the offense of obstructing justice shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully and unlawfully endeavor to [impede (a trial by court-martial) (an investi-gation) (_____________________)] [influence the actions of (a member of the court-martial) (the military judge of the court-martial) (a trial counsel of the court-martial) (a defense counsel of the court-martial) (an officer responsible for making a recommendation concerning disposition of charges) (an officer responsible for taking action with respect to the findings and sentence of the court-martial) (_____________________)] [(influence) (alter) the testimony, _____________________ of a witness before (a court-martial) (an investigating officer) (_____________________)] in the case of said _____________________ by [(promising) (offering) (giving) to the said _____________________, a threat to _____________________ (if) (unless) he, the said _____________________ would [(vote to acquit the said _____________________ (_____________________) (recommend dismissal of the charges against the said _____________________) (disapprove the findings and sentence in the case of _____________________ and order the charges dismissed)] [(wrongfully refuse to testify) (testify falsely concerning _____________________) (_____________________)] [(at such trial) (before such investigating officer)] [_____________________]." (b) The elements of the offense of obstructing justice shall be as follows: (1) That, at the time and place alleged, the accused wrongfully and unlawfully tried to obstruct justice; (2) That the accused did so in the case of another against whom the accused had reason to believe there were criminal proceedings pending; (3) That the accused did so by in the manner alleged; (4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 15 of 23) BACK TO TOP