As the current edition of North Carolina Crimes explains, "[o]bstructing justice consists of any act that prevents, obstructs, impedes, or hinders public or legal justice, and it may take many forms." Jessica Smith, North Carolina Crimes 451 (6th ed. 2007). The breadth of this common-law offense was recently highlighted by the court of appeals in State v. Wright. In a nutshell, the defendant was a state representative who filed inaccurate campaign finance reports, failing to disclose approximately $150,000 in contributions received and $77,000 in transfers from his campaign account to his personal account. He was charged with, and convicted of, felony obstruction of justice. He appealed, arguing that "because he filed all of the campaign finance disclosure reports before any criminal investigation or legal proceedings had begun, there could be no obstruction of justice." The court of appeals rejected this argument. It relied in part on the civil case of Henry v. Deen, 310 N.C. 75 (1984), in which the court stated that tampering with medical records in an attempt to avoid a medical malpractice suit would constitute obstruction of justice. The court of appeals reasoned that Wright "deliberately hindered the ability of the [State Board of Elections] and the public to investigate and uncover . . . whether defendant was complying with campaign finance laws. . . . Further, his false reports concealed illegal campaign activity from public exposure and possible investigation." In other words, the court adopted a broad interpretation of obstruction of justice that includes activity designed to prevent an investigation from beginning as well as activity designed to frustrate or evade an existing investigation. The Wright court didn't explore the outer limits of this principle, and I wonder what they are. For example, if a defendant runs a Ponzi investment scheme, sending bogus account statements to his victims, has he obstructed justice because the statements were designed to prevent the victims from complaining or investigating? If a bank robber removes the license plates from his car before a robbery, to make it more difficult for witnesses to identify his car, has he obstructed justice? When a murderer throws the murder weapon in a river to make it impossible for police to recover, has he "blocked an[] investigation"? How about a drug suspect who throws away his drugs while running from police? Cf. United States v. Sparks, 949 F.2d 1023 (8th Cir. 1991) (affirming application of sentencing enhancement for obstruction of justice where the defendant threw away his drugs and warned his colleagues of the presence of police). Perhaps some lines can be drawn, but it is also possible that obstruction of justice applies in many situations in which it is not typically charged. (AOC statistics for a recent year reveal that obstruction of justice was charged fewer than 200 times across the state.)
- AboutAs the largest
university-based local
government training,
advisory, and research
organization in the United
States, the School of
Government serves more
than 12,000 public officials
each year. - Browse by RoleThe School provides
content and resources for a
wide array of local
government and judicial
officials in North Carolina.Select your role to explore
all related content.Local and State Government - Browse by TopicThe School provides content
and resources on a wide array
of topics in local government
and judicial administration in
North Carolina.Select a topic to explore all
related content.Local and State Government- State Government
- Planning and Development Regulation
- Community and Economic Development
- Environment
- General Structure and Authority
- Health and Human Services
- Human Resources
- Information Technology
- Intergovernmental Relations
- Leadership and Management
- Local Government Finance
- Open Government
- Other Local Government Functions and Services
- CoursesThe School of Government
offers up to 200 courses,
workshops, webinars, and
professional conferences
each year. - PublicationsThe School of Government
publishes essential books,
manuals, reports, articles,
bulletins, and other print and
online content related to state
and local government. - BlogsFaculty write for a number
of School of Government
blogs providing timely
updates on emerging issues. - ResourcesThe School of Government
offers information and
services related to a wide
range of topics relevant to
government and judicial
officials—in-person and on a
variety of platforms.- Blog Posts
- Centers and Services
- Frequently Asked Questions
- Knapp Library
- Legal Summaries
- Listservs
- Microsites
- Tools and Apps
Timely updates on emerging issuesSpecialized training/research hubs and consulting servicesAggregated answers to common questions on a variety of topicsPrint and online materials and research expertiseBrief descriptions of legal cases, bills, or legislative activityInformation exchanges for peers and faculty expertsIn-depth or aggregated content for local government and judicial officialsOnline and mobile tools for employees on-the-go - Master of Public
Administration ProgramThe UNC MPA program prepares public service leaders. The program is offered in two formats: on-campus and online.For more information, visit mpa.unc.edu - GivingThe School of Government depends on private and public support for fulfilling its mission. Your gift will make a lasting impact on the quality of government and civic participation in North Carolina.
- Knapp LibraryThe Joseph Palmer Knapp Library houses a large collection of material on state and local government, public administration, and management to support the School's instructional and research programs and the educational mission of the Master of Public Administration program. Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed.