CR28-503 04/04/07

OBSTRUCTION OF JUSTICE (ENDEAVORING TO OBSTRUCT JUSTICE)

– 13 V.S.A. § 3015

The State has charged (Def)_______________ with obstruction of justice, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [corruptly] [by threats or force] [by threatening letter] [by threatening communication];

(3) [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede]

the due administration of justice, by (specific acts)________________; and

(4) (Def)_______________ intended to obstruct or impede the due administration of justice.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ acted [corruptly] [by threats or force] [by threatening letter] [by threatening communication].

[As used here, corruptly means that (Def)_______________ acted with a wrongful design to acquire an unjust advantage.] [As used here, a threat means a declaration of intention or determination to inflict punishment, loss or pain on another, or to injure another by the commission of some unlawful act.]

The third essential element is that (Def)_______________ [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede] the due administration of justice.

[To obstruct means to block or prevent.]

[To impede means to interfere with progress.]

The due administration of justice refers to the public’s right to have a just trial without corrupting influences. To obstruct or impede justice means to interfere with this right to the due administration of justice.

Here, the State alleges that (Def)_______________ [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede] the due administration of justice by (specific acts)_______ ____________________.

The last essential element is that (Def)_______________ intended to obstruct or impede the due administration of justice. [He] [She] acted intentionally if [he] [she] acted purposely, and not inadvertently, because of mistake, or by accident. You may find that [he] [she] acted intentionally if it was [his] [her] conscious objective to obstruct or impede the due administration of justice.

A person’s intent may be shown by the way in which the person expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.