Legal Definitions - witness tampering

Witness tampering occurs when someone illegally interferes with a person who is, or might become, a witness in a legal proceeding. The goal is typically to prevent them from testifying truthfully, or to influence what they say, thereby undermining the fairness and integrity of the justice system.

This improper interference can take many forms, from subtle pressure to overt threats, and can happen at any stage of a legal matter, whether before, during, or after a trial.

• Example 1: Offering a Financial Inducement

  Imagine a business executive facing charges for financial fraud. A key former employee is expected to testify about the executive's illicit activities. Before the trial, the executive's associate secretly offers the former employee a significant sum of money, disguised as a "consulting fee," with the unspoken understanding that the employee should "forget" certain incriminating details or simply become unavailable to testify.

  This illustrates witness tampering because the associate is improperly interacting with a potential witness by offering a financial incentive to influence their testimony or prevent them from appearing in court, which directly obstructs the pursuit of justice.

• Example 2: Creating a False Narrative

  In a case involving a car accident, a driver is accused of reckless driving. A friend of the accused, knowing that a bystander witnessed the accident, approaches the bystander and tries to convince them to tell the police and court that the other driver was solely at fault, even though the bystander knows this is not entirely true. The friend provides specific false details for the bystander to recount.

  This is witness tampering because the friend is improperly interacting with a witness, attempting to influence them to provide false or misleading testimony, which would distort the facts presented in court.

• Example 3: Subtle Intimidation through Association

  A landlord is being sued by a tenant for unsafe living conditions. Another tenant in the building has agreed to testify on behalf of the plaintiff. Before the trial, the landlord frequently invites known associates with intimidating reputations to loiter conspicuously near the testifying tenant's apartment door or follow them at a distance within the building, without ever directly speaking to the tenant. The testifying tenant begins to feel uneasy and considers withdrawing their testimony due to the implied threat.

  This demonstrates witness tampering through subtle intimidation. Even without direct threats, the landlord's actions create an environment designed to pressure and discourage the witness from testifying, thereby interfering with the legal process.