Intimidation to Influence Testimony is the act of coercing someone to testify in a certain way or to withhold testimony by using physical intimidation, verbal threats, or psychological manipulation. It is a form of witness tampering, which is illegal in many jurisdictions. Types of Intimidation to Influence Testimony include physical intimidation such as threats of violence or physical harm, verbal threats such as threats to the witness's reputation, job, or livelihood, and psychological manipulation such as psychological manipulation or psychological abuse. In some cases, the intimidation may also involve bribes or other forms of corruption. The goal of intimidation is to influence the witness to either lie or withhold testimony. Intimidation to influence testimony is a serious crime and can result in fines, incarceration, or both.
Intimidation to Influence Testimony
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FAQ
Witness intimidation is a form of obstruction of justice and under 18 U.S. Code § 1512, it's a federal crime to interfere with witness testimony or cooperation in a criminal case. In order to be charged with witness tampering, it has to be proven you attempted to alter or prevent witness testimony.
Witness intimidation takes many forms, including: Implicit threats, looks, or gestures. Explicit threats of violence. Actual physical violence.
If filed as a misdemeanor, Intimidating a Witness or Victim can carry a sentence of up to a year in jail and up to a $1,000 fine plus penalties and assessments. In addition, there would be a ten-year ban on the defendant's ability to own or purchase a gun.
§ 4.11-5 Coercion of witnesses. Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment.
Witness intimidation takes many forms, including: Implicit threats, looks, or gestures. Explicit threats of violence. Actual physical violence. Property damage. Other threats, such as challenges to child custody or immigration status.
Witness tampering includes preventing a witness or a victim of a crime from reporting that crime or testifying in court. The act is also equally criminal if someone attempts to tamper with a witness.
§ 4.11-5 Coercion of witnesses. Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment.
The survey found that 69 percent of the witnesses reported threats to criminal justice officials whose primary response was to warn the defendant not to harass the witness.