• 41-21-105 & 107 - Civil and criminal immunity/Criminal offenses (MS

    From =?UTF-8?B?4oqZ77y/4oqZ?=@21:1/5 to All on Tue Mar 7 16:43:53 2017
    4oia

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  • From =?UTF-8?B?4oqZ77y/4oqZ?=@21:1/5 to All on Wed Mar 22 16:24:45 2017
    Tampering with a witness, victim, or an informant (18 U.S. Code § 1512)

    18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

    Current through Pub. L. 113-185. (See Public Laws for the current Congress.) US Code
    Notes
    Authorities (CFR)
    prev | next
    (a)
    (1) Whoever kills or attempts to kill another person, with intent to--
    (A) prevent the attendance or testimony of any person in an official proceeding;
    (B) prevent the production of a record, document, or other object, in an official proceeding; or
    (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release
    pending judicial proceedings;
    shall be punished as provided in paragraph (3).
    (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to--
    (A) influence, delay, or prevent the testimony of any person in an official proceeding;
    (B) cause or induce any person to--
    (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
    (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
    (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
    (iv) be absent from an official proceeding to which that person has been summoned by legal process; or
    (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release,
    parole, or release pending judicial proceedings;
    shall be punished as provided in paragraph (3).
    (3) The punishment for an offense under this subsection is--
    (A) in the case of a killing, the punishment provided in sections 1111 and 1112;
    (B) in the case of--
    (i) an attempt to murder; or
    (ii) the use or attempted use of physical force against any person; imprisonment for not more than 30 years; and
    (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
    (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to--
    (1) influence, delay, or prevent the testimony of any person in an official proceeding;
    (2) cause or induce any person to--
    (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
    (B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;
    (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
    (D) be absent from an official proceeding to which such person has been summoned by legal process; or
    (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised
    release,, [1] parole, or release pending judicial proceedings;
    shall be fined under this title or imprisoned not more than 20 years, or both. (c) Whoever corruptly--
    (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or
    (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
    shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from--
    (1) attending or testifying in an official proceeding;
    (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, [1] parole, or release pending judicial proceedings;
    (3) arresting or seeking the arrest of another person in connection with a Federal offense; or
    (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;
    or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.
    (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole
    intention was to encourage, induce, or cause the other person to testify truthfully.
    (f) For the purposes of this section--
    (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and
    (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
    (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance--
    (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal
    Government agency; or
    (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an
    adviser or consultant.
    (h) There is extraterritorial Federal jurisdiction over an offense under this section.
    (i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the
    alleged offense occurred.
    (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have
    been imposed for any offense charged in such case.
    (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.


    http://www.law.cornell.edu/uscode/text/18/1512

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  • From V@21:1/5 to All on Tue Jun 26 19:50:09 2018
    V

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  • From Rev. Enge@21:1/5 to All on Sun Jun 21 14:57:20 2020
    https://davidjuhl.wordpress.com/2016/03/28/alfred-hitchcock-presents-premiere-episode-revenge-reviewed-here/amp/

    Written by David Juhl

    Alfred Hitchcock Presents premiere episode, “Revenge,” reviewed here
    David Juhl David Juhl
    4 years ago

    Season 1 Episode 1—aired 10/2/55

    “Revenge” ***½

    Teleplay by Francis Cockrell • Story by Samuel Blas
    Directed by Alfred Hitchcock
    Ralph Meeker as Carl Spann
    Vera Miles as Elsa Spann
    Frances Bavier as Mrs. Fergusen
    Ray Montgomery as Man in Grey Suit
    John Gallaudet as Doctor
    Ray Teal as Police Lieutenant
    Norman Wills as Cop
    John Day as Cop
    Lillian O’Malley as Hotel Maid
    Herbert Lyton as Police Lieutenant

    A terrific opening episode to Alfred Hitchcock Presents, directed by the Master of Suspense himself, this story is set in an oceanside trailer park where young married couple Carl and Elsa Span (Ralph Meeker and Vera Miles) have just moved in the hope of
    making a fresh start in the aftermath of Elsa’s apparent nervous breakdown when she was a ballerina.

    Carl’s an engineer and was able to transfer his job. On his first day of work, he makes breakfast and wakes his sleeping wife with a kiss and in the first of several overtly sexual moments for 1955 television, she kisses him back passionately with
    intentions of doing more. He has to cut things off by saying “look, baby, I need to go to work.”

    As they have breakfast, he expresses his concern about leaving her in the trailer alone all day. She gives him what he feels is a naïve, Pollyannaish view of the people around there an about people in general.

    As he begins to drive off to work, he encounters friendly/busybody neighbor Mrs. Fergusen (Frances Bavier, Aunt Bee in the Andy Griffith Show a beginning a few years after this). She offers to look in on Elsa while he’s gone.

    When she does drop by to visit Elsa, we get another sexy scene as Elsa is wearing a man’s shirt (presumably Carl’s), showing a great amount of leg.

    Following her nervous breakdown, her doctor prescribed sea and sun and sea. To that end, Elsa steps out of the trailer and removes the shirt, revealing she is wearing a bathing suit underneath and sits in a low chair to begin to sunbathe. We then get a
    curious point of view shot of Mrs. Fergusen checking out Elsa’s body, lingering on her legs. Her face betrays a mixture of possible desire and concern over Elsa perhaps showing too much skin publicly.

    Carl returns late afternoon with groceries, waves to Mrs. Fergusen. When he opens the trailer door the cake is burning. He finds Elsa in the bedroom, unconscious, holding a carnation blossom in her hand. Then she comes back into semi consciousness saying
    “he killed me” to Carl. “I came in to see the cake, then I turned around and he was standing there. He said he was a salesman, then when he asked me for money I refused him then he grabbed me then I screamed then he choked me, then he killed me. He
    killed me.”

    Later, the police and a doctor arrive on the scene. The doctor says she’s been through a very emotional shock and recommends that Carl remove Elsa from the trailer park, to take her to a hotel. It’s not clear what happened, although sexual assault is
    certainly something that comes to mind.

    The only lead the police have is from one trailer park resident who saw a man come into the park from the beach, six feet tall, grey suit and dark hair.

    Understandably frustrated that the police don’t have enough to go on to pinch the guy, Carl is later smoking at Elsa’s bedside, contemplative. “If I ever find him, I’ll kill him,” he says. Elsa replies “yes.” He asks if she thinks she would
    know the guy if she saw him again, she says “yes, oh yes.” Miles is really good here and in the remainder of the episode– the empty, vacant look in her eyes, the monotone voice, the drooping mouth. Hitchcock clearly was fond of her in this; he
    would cast her the next year co-starring alongside Henry Fonda in The Wrong Man the a few years later as the sister of Janet Leigh’s character in Psycho.

    They decide to drive around before going to the hotel. Here is where Hitchcock’s expertise as a director truly pays dividends and the episode really shifts into overdrive. There is great pacing between close ups, two shots, and travel shots along the
    street. Elsa sees a man from behind in a grey suit walking on the sidewalk and she says “that’s him.” Carl pulls over, grabs a wrench from under the seat he left there for just this eventuality. He follows the man into a hotel, then into an
    elevator and gets off on the same floor. The man goes into his room. Carl walks past him, doubles back to the man’s room, opens the door and goes in.

    In a brilliantly shot single take, we see Carl, filmed from behind, from his back down, enter the man’s room. We see his face as he crosses the room in a mirror’s reflection, then we see his shadow as he violently whacks the unseen man several times
    then backs out, all in one shot. Absolutely great stuff. If you want to see a tremendous example of how to direct such a scene, watch this one.

    Carl walks out of the hotel and gets back in the car. They drive off and Elsa still has a vacant look to her. As they drive through another town, she looks over at some pedestrians and says “there he is, that’s him.” She’s totally out of it. We
    cut to Carl. We begin to hear sirens and his face begins to fall as he realizes that his world is about to come to an end.

    An auspicious series debut, Hitchcock did well to take the directorial reins himself for the first time out. My only quibbles are nagging questions over what exactly did happen, if anything, to Elsa, given her emotionally unstable mindset and whether or
    not suspicion cast upon Mrs. Ferguson was warranted or simply a red herring.

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