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If you believe that they are attempting to investigate you, and you intend to lead them on a wild goose chase, then it would be obstruction of justice. The word
by pyre 9y ago
If you believe that they are attempting to investigate you, and you intend to lead them on a wild goose chase, then it would be obstruction of justice. The word mincing that you're trying to do here is like trying to claim that murdering someone is just "moving some molecules around" and "moving molecules around isn't illegal."
If you put into action a plan that's intent is to mislead investigators that you believe are attempting to investigate you, then how do you claim that this can't be obstruction of justice? They are attempting to obstruct the investigation.
What you are doing to trying to evaluate the action separate from the intent, and claim that it's innocuous because there could be many explanations for the action.
Obviously at trial, the DoJ would be trying to prove intent, so trying to ignore it doesn't really make sense.
- dorgo 9y agoSo it doesn't really matter what I do. If I have the intention to obstruct justice then I can stay at home and act criminally by doing so? Nice one. At this point I'm sure I'm a criminal. I don't know what my crime is, but I'm sure layers will tell me before they throw me into jail.
- TeMPOraL 9y agoIntent is a factor. Also, even though law is like computer code in being pretty specific and executable, it's unlike computer code in being executed by humans. Or, like XKCD puts it, https://xkcd.com/1494/ https://xkcd.com/1494/. Or, more simply, judges are not stupid and can figure out if you're playing games with them.
- ForHackernews 9y agoIt does matter what you do. Criminal law recognizes two elements to a crime: mens rea ("guilty mind") and actus reus ("guilty act") http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html http://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime... If there's no actus reus in your example, then there's no crime.
- cryptarch 9y agoWhat if you think it's a private investigator because they're plainclothes officers? Your points relating to Uber stand, I'm just wondering how it'd work in the case of an individual feeling like they are being shadowed.
- amyjess 9y ago> What if you think it's a private investigator because they're plainclothes officers? Then you have your lawyer make that argument in court and try to convince the jury.