UCMJ Article 134 – Obstructing Justice

This enumerated offense under Article 134 punishes service members who wrongfully impede, interfere with, or obstruct the due administration of justice. The offense includes actions that delay, prevent, or corrupt investigations, judicial proceedings, or disciplinary processes. Because the military justice system depends on truth, accountability, and timely processes, obstruction of justice is treated as a very serious violation.

The rule ensures that service members cannot shield themselves or others from accountability by tampering with evidence, influencing witnesses, or interfering with official investigations.

Key Elements

The prosecution must prove:

  1. That a certain person was accused of a crime or was subject to a criminal or disciplinary proceeding.
  2. That the accused wrongfully did a certain act (such as destroying evidence, influencing a witness, or interfering with investigators).
  3. That the act was done with the intent to impede justice.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

Obstructing justice may involve:

  • Destroying or concealing evidence.
  • Threatening, bribing, or influencing witnesses.
  • Lying to investigators or causing others to lie.
  • Interfering with reporting, investigating, or prosecuting a crime.
  • Retaliating against individuals who report offenses.

The offense applies in both formal judicial proceedings and command-level investigations under the UCMJ.

Punishment

  • Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years.

Defenses

Possible defenses include:

  • Lack of intent: If the act was not intended to impede justice.
  • Lawful authority: If the accused acted within their duties or under proper orders.
  • No prejudice or discredit: If the conduct did not actually obstruct or harm justice.
  • Mistake of fact: If the accused reasonably believed their actions were lawful.

Examples

If a soldier destroys documents to prevent investigators from finding evidence of fraud, Article 134 applies. If a Marine threatens a witness to prevent testimony, it qualifies. If an airman persuades another to lie during questioning, it is obstruction of justice. Conversely, a commander lawfully advising a subordinate on rights during an investigation is not obstruction.

Conclusion

Article 134 obstruction of justice charges protect the integrity of the military justice system. By punishing acts that interfere with investigations and proceedings, the UCMJ ensures accountability, discipline, and fairness. The article reinforces the principle that justice must not only be done but must also be seen to be done.

Frequently Asked Questions

1. What kinds of acts are considered obstruction of justice?
Acts such as destroying evidence, intimidating witnesses, lying to investigators, or interfering with a case. The common factor is intent to impede justice. These actions undermine fairness and discipline. Courts consider both the act and the intent behind it.

2. What is the maximum punishment under this article?
Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 5 years. The punishment reflects the seriousness of interfering with justice. Even if the underlying crime is minor, obstruction is punished harshly.

3. Does obstruction require success in stopping justice?
No. The offense is complete once the accused acts with intent to impede justice, even if unsuccessful. For example, trying to bribe a witness is punishable whether or not the bribe is accepted. The attempt itself undermines integrity.

4. How does obstruction differ from false official statements under Article 107?
False statements punish lying in official matters generally. Obstruction targets acts that specifically impede justice, such as lying to cover up crimes. The two offenses often overlap but obstruction focuses on interfering with legal or investigative processes.

5. Can commanders be guilty of obstruction?
Yes. If a commander unlawfully interferes with an investigation, such as by suppressing reports, they may be charged. Lawful advice and command duties are not obstruction, but misuse of authority to protect oneself or others is punishable.

6. Does obstruction apply in informal investigations?
Yes. It applies in both formal courts-martial and preliminary investigations. Any act intended to interfere with justice, no matter the level, can qualify. The military enforces accountability at all stages.

7. What if the accused believed they were helping a friend?
Helping a friend by hiding evidence or preventing testimony is still obstruction. Good intentions do not excuse wrongful interference with justice. The law punishes the act of concealment, not just the motive.

8. Can retaliation against a whistleblower be obstruction?
Yes. Retaliating against someone for reporting misconduct may qualify as obstruction if it interferes with the process. The military protects whistleblowers to ensure integrity. Retaliation undermines justice and discipline.

9. Can obstruction charges apply alongside other crimes?
Yes. Service members can be charged with obstruction in addition to the underlying offense, such as larceny or assault. Obstruction is treated as a separate violation because it attacks the justice system itself.

10. Why is obstruction punished so severely in the military?
Because justice is essential for maintaining discipline and order. Without accountability, misconduct spreads and morale collapses. Obstruction harms the entire system and discredits the armed forces. Strict penalties deter service members from undermining investigations.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Obstructing Justice)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Jenkins, 48 M.J. 594 (1998)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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