Soliciting obstruction of proceedings

Nature

It is a crime to ask others to obstruct official judicial, legislative or administrative proceedings. Obstruction includes asking people not to testify, or to appear as a witness; or to disrupt the proceedings by noise or violent behaviour. The process of law is disrupted. The person being asked is in danger of being a criminal.

Background

The global significance of soliciting obstruction of proceedings emerged prominently in the late 20th century, as high-profile judicial and legislative cases revealed systematic attempts to influence, delay, or derail legal processes. International attention intensified following landmark corruption and whistleblower trials, where external solicitation to impede justice was exposed. Subsequent transnational investigations and conventions, such as the United Nations Convention against Corruption, have further highlighted the pervasive and evolving nature of this problem across diverse legal systems.

Incidence

Soliciting obstruction of proceedings is a persistent issue affecting judicial, legislative, and administrative systems worldwide. Incidents have been reported across diverse jurisdictions, undermining the integrity of legal processes and eroding public trust. The problem spans both developed and developing countries, with cases involving attempts to influence witnesses, jurors, or officials through bribery, coercion, or other illicit means. Its global prevalence highlights the vulnerability of institutional proceedings to external interference.
In 2023, a high-profile case emerged in the United States when a political consultant was indicted for soliciting obstruction of a federal investigation by encouraging a witness to withhold information from authorities.

Claim

Soliciting obstruction of proceedings is a grave threat to justice and the rule of law. When individuals encourage or facilitate interference with legal processes, they undermine public trust, enable corruption, and erode the very foundations of a fair society. This problem cannot be ignored—addressing it is essential to ensure accountability, protect victims, and maintain the integrity of our legal system. Turning a blind eye only invites further abuse and injustice.

Counter-claim

The notion that "soliciting obstruction of proceedings" is a significant problem is vastly overstated. In reality, such incidents are exceedingly rare and have minimal impact on the overall integrity of legal or administrative processes. Focusing on this issue diverts attention from far more pressing concerns within our justice system. Elevating it to a major problem is unnecessary and distracts from meaningful reforms that could actually improve fairness and efficiency.