Predictive Memorandum
To: From: Re: Date:
Assistant State's Attorney Intern Potential obstruction charge against Ms. Brice March 4, 2021
Questions Presented
I.
Under the Illinois criminal code, can the State charge Frances Brice with obstruction of justice beyond a reasonable doubt, which requires the State to show that Brice knowingly furnished false information with the intent to prevent her apprehension and that the false information materially impeded the officer' s investigation?
A.
Was the element of knowingly furnishing false information met when Brice repeatedly denied going by other names after the officers' several inquiries?
B.
Was the element of intent met when Brice repeatedly
of the outstanding warrant that would be discovered through the background check using her married name?
C.
Was the element of material impediment met when Brices repeated denials delayed the execution of the outstanding warrant?
Brief Answer
I.
Yes. The Illinois obstruction of justice statute prohibits knowingly furnishing false information, which materially impedes an officer's investigation, with the intent of preventing one's apprehension. Here, Brice's repeated denials were knowingly false, given with the intent of preventing her apprehension, and materially impeded the officers' investigation.
A.
Yes. Furnishing false information includes withholding information. Here, Brice repeatedly withheld her married name.
B.
Yes. Intent can be inferred from surrounding circumstances. Here, Brice was aware of the outstanding warrant that would be discovered through the background
check using her married name.
C.
Yes. Material impediment occurs when the false information is useful to prevent one's apprehension. Here, Brice withholding her married name delayed the execution of the outstanding warrant by a day.
Statement of Facts
The State of Illinois wants to bring an action against
Frances Brice for obstruction of justice. Brice is an employee at
New Amsterdam Custom Furniture, the retail store where the
officers were investigating a fraud allegation.
Furniture. At the onset of the interview, Brice stated her name
as Fanny Brice. When the officers could not find her on the
Brice clarifies that her formal name is Frances, not Fanny. This
still does not clear up the issue, but the officers continue the
interview. Brice tells the officers that she has worked at the
store for about a year, which further confuses the officers about
the issue with Brice's name.
officers about the background check and whether she is in
trouble. The officers explain that routine background checks,
2
which consist of running names through the system to look for
outstanding warrants, are part of the interview procedure.
officers ensure her that she is not a suspect but want to talk to
her about any unusual activity she may be aware of. Throughout
the interview, the officers ask Brice several times if she goes
by other names, which she denies. Brice then asks the officers
permission to leave to make her stand-up comedy gig at the
Gaslight. The officers agree to continue the interview the next
day.
The next day, the officers still have not cleared the name
names, she again denies this. When the