Perverting The Course Of Justice

The very notion of a "criminal offense" is, frankly, a tiresome human construct. It’s a desperate attempt to impose order on chaos, to draw lines in the sand where only shifting dunes exist. But since you insist on wading through this muck, let’s dissect it.

Criminal law

At its core, criminal law is the framework societies erect to define and punish acts deemed harmful to the collective. It’s a blunt instrument, designed to deter, incapacitate, and, when the mood strikes, rehabilitate. A criminal offense, then, is a violation of these codified prohibitions, a transgression against the established order that incurs the displeasure of the state. It’s not about inherent morality, mind you; it’s about power and control, dressed up in legal jargon.

Elements

To establish a criminal offense, the prosecution typically must prove several fundamental elements. These are the building blocks, the necessary ingredients for a conviction. Without them, the whole edifice crumbles, or at least it should.

Actus reus

This is the physical component, the "guilty act." It's the outward manifestation of the crime, the prohibited conduct itself. Whether it’s the swing of a fist, the taking of property, or the uttering of a dangerous falsehood, the actus reus is the tangible action – or sometimes, a culpable omission – that sets the wheels of justice in motion. It’s the visible symptom of the disease.

Mens rea

Ah, the mental state. This is where things get interesting, and often, infuriatingly vague. Mens rea, or the "guilty mind," refers to the defendant's mental state at the time of the offense. It’s the intent, knowledge, recklessness, or negligence that accompanies the actus reus. Did they mean to do it? Did they know what they were doing? Or were they simply careless, like a child playing with matches? The level of mens rea can drastically alter the severity of the offense and the potential punishment. It’s the invisible driver, the internal motive, often deduced from external actions, which is where the real artifice lies.

Causation

For many offenses, particularly those resulting in harm, the prosecution must prove that the defendant's actus reus was the cause of the prohibited outcome. This involves both factual causation (the "but for" test – but for the defendant's actions, would the harm have occurred?) and legal causation (was the defendant's act a substantial and operating cause of the harm, without being superseded by some intervening event?). It’s about drawing a straight line, however crooked, from the action to the consequence.

Concurrence

This element dictates that the actus reus and the mens rea must coincide. The guilty mind must have propelled the guilty act. You can’t be punished for intending to commit a crime if you never actually act upon it, nor can you be punished for an act you committed accidentally if you lacked the requisite guilty mind. They must dance together, a synchronized performance of wrongdoing.

Scope of criminal liability

The net of criminal liability can be cast quite wide, ensnaring individuals who, while not the primary perpetrators, played a role in the commission of an offense.

Accessory

An accessory is someone who aids, abets, counsels, or encourages the commission of a crime, but is not the principal offender. They are the whisperers, the enablers, the ones who provide the tools or the plan.

Accomplice

Closely related to an accessory, an accomplice is someone who assists in the commission of a crime. The distinction can be nuanced, but generally, an accomplice is more actively involved in the planning or execution.

Complicity

This is a broader term encompassing various forms of shared criminal responsibility, including that of an accessory or accomplice. It’s about being involved, in some capacity, in another's crime.

Corporate

Corporations, those soulless entities, can also be held criminally liable. This is a fascinating, if somewhat abstract, concept. How does a faceless organization develop a mens rea? Through the actions of its agents, of course. The sins of the employees, when acting within the scope of their authority, can become the sins of the corporation.

Mandated reporter

Certain individuals, by virtue of their profession, have a legal obligation to report suspected child abuse or neglect. Failure to do so can result in criminal penalties. They are the unwilling informants, burdened with a duty to expose the darkness they encounter.

Principal

The principal is the person who directly commits the crime. They are the ones pulling the trigger, picking the lock, or delivering the fatal blow. The main event.

Use of force continuum

This isn't a criminal offense itself, but a model used to guide law enforcement in the appropriate level of force to use in response to a suspect's actions. Deviations from this continuum can lead to criminal charges. It’s a guideline, a theoretical ladder of escalation, often ignored in the heat of the moment.

Vicarious

This refers to liability imposed on one person for the criminal acts of another, often seen in corporate or agency relationships. It’s holding someone responsible for actions they didn't directly commit, but for which they bear some responsibility.

Severity of offense

Criminal offenses are typically categorized by their severity, which dictates the potential punishment.

Felony (or Indictable offense)

These are the more serious crimes, usually punishable by imprisonment for more than one year, or even death in some jurisdictions. Think murder, rape, grand larceny. These are the crimes that leave scars.

Misdemeanor (or Summary offense)

Less serious offenses, typically punishable by fines or imprisonment for less than one year. Traffic violations, petty theft, public intoxication often fall into this category. Annoyances, rather than existential threats.

Infraction (also called violation)

The least serious category, usually punishable by a fine only. Parking tickets, minor noise violations. Barely worth the ink it takes to record them.

Inchoate offenses

These are crimes that are incomplete, preparatory acts that fall short of the full commission of a substantive offense. The law, in its infinite wisdom, punishes the intent to commit a crime, even if the crime itself never fully materializes.

Attempt

This occurs when someone takes a substantial step towards committing a crime with the intent to complete it. You can’t quite reach the finish line, but you’ve made a valiant effort.

Conspiracy

An agreement between two or more people to commit a crime. The agreement itself is the offense, even if no overt act is ever taken to further the plan. It's the pact, the dark understanding, that seals their fate.

Incitement

Encouraging or urging another person to commit a crime. The instigator, the puppet master, who doesn't get their own hands dirty.

Solicitation

Asking, commanding, or encouraging another person to commit a crime, typically with the intent that the crime be committed. Similar to incitement, but often more direct and specific.

Offense against the person

These are the offenses that directly harm or threaten an individual's physical or mental well-being. They are the most visceral, the most personal violations.

Assassination: The targeted killing of a prominent individual, usually for political reasons. A dramatic, often futile, act of violence.
Assault: Unlawfully placing another person in apprehension of immediate bodily harm. The threat, the fear, the anticipation of pain.
Battery: The unlawful physical touching of another person without their consent. The actual contact, the violation of personal space.
Child abuse: The physical, sexual, or emotional mistreatment of a child. A particularly heinous offense, a betrayal of innocence.
Concealment of a corpse: Hiding a dead body to prevent investigation. The desperate act of someone trying to bury their secrets along with the deceased.
Criminal negligence: The failure to exercise a reasonable standard of care, resulting in harm to another. Carelessness that has devastating consequences.
Domestic violence: Violence or abuse committed by one person against another in a domestic setting, such as in a marriage or cohabitation. The betrayal of intimacy.
False imprisonment: Unlawfully restraining another person's freedom of movement. The cage, the confinement, the stolen liberty.
Frameup: Falsely implicating someone in a crime. The ultimate betrayal of justice, planting seeds of deceit.
Harassment: Unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The persistent, wearing down of a person's spirit.
Street: Unwanted comments, gestures, or actions forced on a stranger in a public place. The invasion of public space with private malice.
Home invasion: A robbery where the perpetrators enter a dwelling by force. The violation of sanctuary, the invasion of the most private space.
Hate crime: A criminal offense committed against a person or property which is motivated by bias against a particular race, religion, sexual orientation, or national origin. The venom of prejudice fueling criminal acts.
Homicide: The killing of one human being by another. The ultimate offense against the person.
Human trafficking: The illegal trade of human beings, typically for forced labor or sexual exploitation. The commodification of human life.
Intimidation: The act of making someone fearful or hesitant to take a certain action. The subtle, or not so subtle, threat.
Kidnapping: Unlawfully taking and carrying away a person against their will. The theft of a life.
Manslaughter (corporate): An unlawful killing without malice aforethought. Less severe than murder, but still a life extinguished. Corporate manslaughter involves the gross negligence of a corporation leading to death.
Mayhem (crime): The intentional and malicious maiming or disfigurement of a person. The disfigurement of humanity.
Murder: The unlawful killing of a human being with malice aforethought. The gravest offense against the person.
felony: A killing that occurs during the commission of a dangerous felony, even if unintentional. The felony itself elevates the homicide to murder.
Homicide: As mentioned, the killing of one human being by another.
Negligent homicide: Causing death through criminal negligence. A life lost due to profound carelessness.
Reckless homicide: Causing death through reckless conduct. A life lost due to conscious disregard for a substantial and unjustifiable risk.
Robbery: Theft accomplished by the use of force or threat of force. The violent taking.
Stalking: Repeatedly following or harassing someone, causing them to fear for their safety. The persistent, terrifying pursuit.
Stabbing: The act of wounding someone with a sharp object. The sharp intrusion.
Torture: The infliction of severe physical or mental pain or suffering. The deliberate crushing of a spirit.

Sexual offenses

These offenses involve unwanted sexual contact or conduct. They are violations of bodily autonomy and dignity, leaving deep wounds.

Adultery: Voluntary sexual intercourse between a married person and someone other than their spouse. While not always a criminal offense, it has historical legal implications.
Bigamy: Being married to two or more people simultaneously. A violation of marital laws.
Child sexual abuse: Sexual activity with a person below the age of consent. A profound betrayal of trust and innocence.
Cybersex trafficking: Exploiting individuals for sexual purposes via the internet. The digital commodification of sex.
Fornication: Voluntary sexual intercourse between two unmarried people. Historically criminalized, now largely decriminalized in many places.
Homosexuality: The criminalization of consensual same-sex sexual activity. A discriminatory and oppressive practice.
Groping: Unwanted touching of a sexual nature. The invasive, unwelcome contact.
Incest: Sexual relations between close relatives. A taboo violation of familial bonds.
Indecent exposure: Publicly exposing one's genitals with the intent to shock or offend. The public display of transgression.
Masturbation: Self-stimulation of the genitals. Historically subject to moral and sometimes legal condemnation.
Obscenity: Material that is offensive to public morals. A subjective and often contentious legal concept.
Prostitution: The act or practice of engaging in sexual activity for payment. A complex issue with varying legal statuses worldwide.
Rape: Sexual intercourse without consent. A violent violation of the most intimate kind.
Pederasty: Sexual activity between an adult male and a young boy. A form of child sexual abuse.
Sex trafficking: The recruitment, transportation, or harboring of persons for sexual exploitation. The brutal trade in human bodies.
Sexual assault: Any type of sexual contact or behavior that occurs without the participant's consent. A broad category encompassing various forms of sexual violation.
Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The creation of a hostile environment.
Sexual slavery: The enslavement of individuals for the purpose of sexual exploitation. The ultimate degradation of human beings.
Voyeurism: The practice of observing unsuspecting people in intimate situations. The illicit gaze, the violation of privacy.

Crimes against property

These offenses involve the unlawful taking or destruction of another person's property. They are violations of ownership and possession.

Arson: The intentional and malicious burning of property. The destructive rage.
Arms trafficking: The illegal trade of weapons. Fueling conflict and violence.
Blackmail: Demanding money or something of value by threatening to reveal damaging information. The weaponization of secrets.
Bribery: Offering, giving, receiving, or soliciting something of value to influence a decision. The corruption of integrity.
Burglary: Unlawfully entering a building with the intent to commit a crime, usually theft. The violation of a dwelling.
Cybercrime: Criminal offenses committed using computers or the internet. The digital frontier of crime.
Embezzlement: The fraudulent appropriation of property entrusted to one's care. The betrayal of trust for personal gain.
Extortion: Obtaining something, typically money, through coercion or threats. Similar to blackmail, but often involves threats of violence or damage.
False pretenses: Obtaining title to property through intentional false statements. Deception for gain.
Forgery: Falsely making or altering a document with the intent to defraud. The creation of fraudulent reality.
Fraud: Deception intended to result in financial or personal gain. The art of the con.
Gambling: Engaging in illegal betting or wagering. The pursuit of fortune through illicit means.
Intellectual property violation: Unauthorized use or reproduction of copyrighted or patented material. The theft of creation.
Larceny: The unlawful taking and carrying away of personal property of another with the intent to permanently deprive the owner of it. Simple theft.
Looting: Theft of property from a place or person during a time of war, civil unrest, or disaster. Exploiting chaos for gain.
Payola: The illegal practice of paying media broadcasters to promote a product or service. The secret payment for influence.
Pickpocketing: Stealing items from a person's pocket or bag without them noticing. The subtle, unseen theft.
Possessing stolen property: Knowingly receiving or retaining property that has been stolen. The comfort of ill-gotten gains.
Robbery: As mentioned previously, theft by force or threat of force.
Smuggling: Importing or exporting goods illegally. The clandestine movement of contraband.
Parallel import: Importing goods through distribution channels unintended by the manufacturer. A complex issue of trade and intellectual property.
Tax evasion: Illegally avoiding the payment of taxes. The denial of civic duty.
Theft: The unlawful taking of another person's property. A broad category encompassing various forms of stealing.
Trespass to land: Entering or remaining on someone's property without permission. The violation of boundaries.
Vandalism: Deliberate destruction or damage to property. The senseless defacement.
Mischief: Generally, the malicious or mischievous destruction or damage to property. Similar to vandalism, often with a broader scope.

Crimes against justice

These offenses undermine the integrity and functioning of the legal system itself. They are attacks on the very mechanisms of truth and fairness.

Against public justice: A broad category encompassing various acts that interfere with the administration of justice.
Justice delayed: While not a criminal offense, the principle highlights the importance of timely justice. Deliberate delays can be a form of obstructing justice.
Compounding: Agreeing not to prosecute or report a crime in exchange for money or other consideration. Burying the truth for profit.
Contempt: Disobeying a court order or showing disrespect to the court's authority. The defiance of judicial power.
Malfeasance in office: Wrongful or illegal conduct by a public official. The abuse of public trust.
Miscarriage of justice: A wrongful conviction or acquittal. The failure of the system to deliver true justice.
Judicial misconduct: Unethical or illegal behavior by a judge. The corruption of the arbiter of justice.
Misprision: Knowing about a felony and taking an active step to conceal it. The silent complicity in wrongdoing.
Perjury: Knowingly making a false statement under oath. The deliberate lie in the face of truth's demand.
Perverting the course of justice: This is the deliberate obstruction or interference with the administration of justice. It’s a catch-all for actions intended to derail legal proceedings. In England and Wales, it’s a common law offence with a maximum sentence of life imprisonment. Statutory versions exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, while South Africa has defeating or obstructing the course of justice. In the United States, a similar concept is obstruction of justice.

In England and Wales, the offense is described as doing an act tending and intending to pervert the course of public justice. This can include acts such as:
- Fabricating or disposing of evidence.
- Intimidating or threatening a witness or juror.
- Intimidating or threatening a judge.
Also criminal are:
- Conspiring with another to pervert the course of justice.
- Intending to pervert the course of justice.
This offense, and related forms of criminal conspiracy, have been referred to by a variety of names, including:
- Perverting the course of justice
- Interfering with the administration of justice
- Obstructing the administration of justice
- Obstructing the course of justice
- Defeating the due course of justice
- Defeating the ends of justice
- Effecting a public mischief
This multitude of names can be "somewhat confusing," as noted. It's important to understand that "attempting to pervert the course of justice" is not an inchoate offence in the traditional sense. It is a substantive common law offence in itself and not a form of the attempt offense under the Criminal Attempts Act 1981. This offense is triable only on indictment.

In Canada, the equivalent is "obstructing justice," codified in § 139 of the Criminal Code. Subsection (1) deals with indemnifying sureties, while subsection (2) covers broader attempts to obstruct, pervert, or defeat the course of justice, with a maximum penalty of ten years imprisonment. Subsection (3) specifically outlines actions deemed wilful attempts, such as dissuading witnesses or influencing jurors through threats or bribes.

In Australia, Section 319 of the Crimes Act 1900 (NSW) addresses perverting the course of justice, carrying a maximum penalty of 14 years' imprisonment. Notable convictions include Murray Farquhar and Marcus Einfeld.

The International Criminal Court (ICC) Prosecutor has also described witness interference in the Kenya investigation as perverting the course of justice under Article 70 of the Rome Statute.

Notable convictions for perverting the course of justice include Jonathan Aitken, Jeffrey Archer, Ali Dizaei, Chris Huhne and Vicky Pryce, John Humble, Bruce Hyman, and Karen Matthews and Michael Donovan. In Australia, Lionel Murphy was also convicted of this offense.

Crimes against the public

These offenses harm the community as a whole, disrupting social order and violating collective well-being.

Apostasy: Renouncing one's religion. Historically criminalized in some societies, now largely a matter of personal belief.
Corruption: Dishonest or fraudulent conduct by those in power, typically involving bribery. The rot that festers at the heart of institutions.
Censorship violation: Circumventing or defying restrictions on speech or information. The fight against imposed silence.
Dueling: A premeditated fight between two individuals, usually with deadly weapons. A relic of a bygone era of honor.
Genocide: The deliberate extermination of a national, ethnic, racial, or religious group. The ultimate expression of hatred.
Ethnic cleansing: The systematic forced removal of a population from a territory. A brutal precursor to genocide.
Hostage-taking: Seizing and detaining individuals to compel a government or organization to act. The weaponization of human lives.
People smuggling: Facilitating the illegal entry of people into a country. A dangerous trade that exploits vulnerability.
Insider trading: Trading stocks or securities based on material non-public information. The unfair advantage in the marketplace.
Smuggling: As mentioned, the illegal movement of goods.
Illegal consumption (such as drugs, alcohol, and smoking): Laws regulating the use of certain substances or activities. The state's attempt to control personal habits.
Miscegenation: Laws prohibiting interracial marriage or relationships. A vestige of racist ideology.
Piracy: Robbery or criminal violence at sea. The lawless domain of the oceans.
Political corruption: Abuse of power by government officials for private gain. The perversion of public service.
Regicide: The killing of a monarch. An act of extreme political upheaval.
Unreported employment: Working without proper registration or declaration to authorities. The shadow economy.
Usurpation: Illegally seizing power or property. The unlawful claim.
War crimes: Serious violations of the laws and customs applicable in international armed conflict. The atrocities committed in times of war.

Crimes against animals

These offenses involve cruelty or harm to animals. It speaks volumes about a society that permits such acts.

Cruelty to animals: Causing unnecessary suffering to an animal. The infliction of pain on the defenseless.
Poaching: Illegally hunting or capturing wild animals. The exploitation of wildlife.
Wildlife smuggling: The illegal trade of endangered or protected species. The commodification of the natural world.
Bestiality: Sexual activity between a human and an animal. A disturbing violation of natural order.

Crimes against the state

These offenses target the authority and security of the government.

Lèse-majesté: An offense against the sovereign or the dignity of the state. Holding rulers sacred.
Treason: The offense of attempting to overthrow the government of the state to which one owes allegiance. The ultimate betrayal of one's country.
Espionage: Spying on behalf of a foreign power. The clandestine gathering of state secrets.
Secession: The act of formally withdrawing from a federation or body, especially a political state. The fracturing of unity.
Sedition: Conduct or speech inciting people to rebel against the authority of a state or monarch. The whispers of rebellion.
Subversion: The act of undermining the power and authority of an established system or institution. The slow erosion of control.

Defenses to liability

These are legal arguments that can negate or reduce criminal liability, even if the elements of the offense are present. They are the loopholes, the escape routes from culpability.

Actual innocence: The assertion that the defendant did not commit the crime. The most fundamental defense, though often the hardest to prove.
Automatism: Performing actions without conscious control, such as during an involuntary blackout. The body acting independently of the mind.
Consent: The victim agreeing to the act that constitutes the offense. A defense that is highly context-dependent and often limited.
Defense of property: Using reasonable force to protect one's property. The right to defend one's possessions.
Diminished responsibility: A mental state that, while not constituting insanity, impairs the defendant's mental functioning and reduces their culpability. A mind not fully in control.
Duress: Committing a crime under threat of immediate death or serious harm. The coercion of circumstance.
Entrapment: Being induced by law enforcement to commit a crime that one would not otherwise have committed. The manufactured crime.
Ignorantia juris non excusat: The principle that ignorance of the law is no excuse. You can't claim you didn't know it was illegal.
Infancy: The defense that the defendant was too young to form criminal intent. The protection of childhood.
Insanity: A mental disease or defect that prevents the defendant from understanding the nature or wrongfulness of their actions. A mind lost to delusion.
Intoxication: While generally not a complete defense, voluntary intoxication can sometimes negate specific intent. The blurring of lines through substances.
Justification: Committing a crime under circumstances where it was deemed necessary or right. The necessary evil.
Might makes right: A philosophical concept, not a legal defense. It suggests that power dictates morality, a dangerous and flawed notion.
Mistake (of law): Generally not a defense, but a mistake of fact can sometimes negate the required mens rea. The error in understanding.
Necessity: Committing a crime to prevent a greater harm. The lesser of two evils.
Possession is nine-tenths of the law: A saying that reflects the practical importance of possession, but not a legal defense against theft.
Provocation: Actions by the victim that incite the defendant to commit a crime, potentially reducing the charge (e.g., from murder to manslaughter). The spark that ignites rage.
Sanctuary: A jurisdictional policy that limits cooperation with federal immigration enforcement. Not a defense to a criminal act itself.
Self-defense: Using reasonable force to protect oneself from imminent harm. The primal right to survival.
Statute of limitations: A law that sets a maximum time after an event within which legal proceedings may be initiated. The fading of justice with time.

Other common-law areas

These are fundamental pillars of the legal system, often intertwined with criminal law.

Contracts: Agreements that are legally enforceable. The bedrock of commerce.
Defenses: As outlined above, arguments against criminal liability.
Evidence: Information presented in court to prove or disprove a fact. The pursuit of truth.
Property: Laws governing ownership and use of property. The definition of what is yours.
Torts: Civil wrongs that cause harm or loss, for which the court may award damages. The realm of civil liability.
Wills, trusts and estates: Laws governing the distribution of property after death. The final disposition of one's affairs.

It’s a labyrinth, isn't it? A messy, often contradictory, system designed by humans, for humans. And as with all human endeavors, it’s rife with flaws, exceptions, and the occasional spark of something resembling justice. Or perhaps, just the illusion of it.