Protection of Witnesses
The Protection of Witnesses involves measures designed to safeguard individuals who provide testimony in legal proceedings, particularly against potential retaliation from associates of the accused. This initiative aims to encourage witnesses to come forward and testify, thereby strengthening the judicial process. A well-known example is the U.S. Federal Witness Protection Program, established in 1970, which has been credited with contributing to the decline of organized crime by providing anonymity and relocation to over 19,000 witnesses and their families.
Witness protection can include services such as crisis counseling, physical security, and assistance with finding new employment and housing. However, critics argue that such programs may inadvertently allow legal representatives to coach witnesses, potentially affecting the integrity of their testimony. The effectiveness of witness protection varies widely, with some programs criticized for offering minimal support, leading to continued fears of retribution, as evidenced by various high-profile cases. Furthermore, legal restrictions, like those instituted by the California Right to a Fair Trial Act, can limit financial support for witnesses, complicating their willingness to participate in the judicial process. Overall, while witness protection programs serve a vital role in the justice system, their limitations highlight the ongoing challenges faced by witnesses in seeking justice.
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Subject Terms
Protection of Witnesses
DEFINITION: Activities that shield witnesses, generally from reprisals from friends or family of the accused
SIGNIFICANCE: Witness protection aims at reducing the reluctance of witnesses to testify and has been criticized for allowing attorneys to prepare witnesses
The term witness protection is frequently associated with the U.S. Federal Witness Protection Program (sometimes called the Witness Security Program or WITSEC), established in 1970 by the Organized Crime Control Act of 1970. Witness protection often involves a complex and sometimes traumatic relocation of witnesses and their families. Protection of witnesses exists, however, at every judicial level and in many countries. Victims of crimes usually testify as witnesses, and since the 1960s, U.S. courts have attempted to protect and compensate victims and other witnesses who, at least, are inconvenienced by their roles as witnesses, and, in many cases, are threatened with assault and death. If some effort is not made to protect witnesses, prosecutors may lose cooperation and the case may be weakened. On the other hand, critics of witness assistance programs point out that such programs allow prosecuting attorneys to rehearse and smooth the testimony of protected witnesses.
Protection of witnesses and victims may include crisis counseling, referrals to appropriate agencies, contacts with employers, and actual physical protection. If the accused are threatening enough, the witness important enough, and the government responsive enough, protection may extend to such measures as relocation of families, name change, new employment, and establishment of a new identity.
Often, protection is inadequate. In Minneapolis, where a rash of murders challenged law enforcement, the solution rate dipped drastically. Police blamed this largely on the number of uncooperative witnesses. Witnesses feared retribution, and the Minneapolis Police Department was unable to protect them. When the Minnesota legislature fell short in providing funds, Hennipin County drew on other funds to protect witnesses. However, this protection amounted to minimum security measures for the witnesses’ homes. In some cases, relocation meant simply a bus ticket to another town or a deposit on an apartment in another part of the city.
Even where stronger witness protection programs exist, they seem inadequate, and persons coming forth to testify are discouraged. Marilyn Ross, a Los Angeles mother who turned in her sons for murder, found that under the county’s program, only her first and last months’ rent on a new apartment were paid. Because seeking a job would put her in jeopardy, she had little means of support. In addition, the California Right to a Fair Trial Act, which took effect on January 1, 1995, prohibits witnesses from profiting from information (by way of articles, books, or films) until one year after the date of the crime or until a final judgment is reached. This further narrows a witness’s financial help. The law was enacted after witnesses—or people who claimed to be witnesses—to the marital troubles of O. J. Simpson and Nicole Simpson sold their stories to the media.
The Federal Witness Protection Program has been partially credited with the decline of the Mafia in the United States. The government reports that more than one hundred former Mafiosi are in the program, providing a large number of informants on the crimes of the bosses. Many of these witnesses, however, participated in many of the same crimes of which the accused are accused. The program is said to have protected over 19,000 witnesses and their families, with a 100 percent success rate for those who follow the program's rules.
In South Africa, a combination of an indemnity with a relocation program for police allowed the Nelson Mandela government to obtain information about crimes committed primarily against Blacks during apartheid. In the same way that the United States compromised in order to weaken the Mafia, many guilty of the crimes against Blacks in South Africa were allowed to escape punishment under these programs.
Bibliography
Parker, Evelyn K., et al. Organized Crime Control Act: Legislative History. Commodity Futures Trading Commission, 1982.
"Victim Assistance and Witness Protection." United Nations Office on Drugs and Crime, www.unodc.org/unodc/en/organized-crime/witness-protection.html. Accessed 2 Nov. 2024.
"Victim Witness Assistance Program." U.S. Secret Service, www.secretservice.gov/investigations/VWAP. Accessed 2 Nov. 2024.
"Witness Security." U.S. Marshals Service, www.usmarshals.gov/what-we-do/witness-security. Accessed 2 Nov. 2024.