Witness protection
Encyclopedia
Witness protection is protection of a threatened witness
or any person involved in the justice system, including defendants and other clients, before, during and after a trial
, usually by police
. While a witness may only require protection until the conclusion of a trial, some witnesses are provided with new identity
and may live out the rest of their lives under government protection.
Witness protection is usually required in trials against organized crime
, where law enforcement sees a risk for witnesses to be intimidated by colleagues of defendant
s. It is also used at war crime
trials.
may implement informal protection as the need arises in specific cases.
.
provide protection for witnesses against members of criminal gangs and serious criminals who feel threatened or intimidated. They run a Witness Protection Programme that monitors the welfare of witnesses and if necessary, helps create new identities. There is an agreement between the police and the Department of Corrections
to ensure that protected witnesses receive appropriate protection from that department.
In 2007 the programme became the subject of public controversy when the previous conviction for drunk driving by a now protected witness was withheld from police and this resulted in him being able to continue driving and kill another motorist in a road accident while intoxicated.
promulgated the Witness Protection Act on February 9, 2000 in Taiwan Area.
is administered by the Attorney General of Ireland
. The first person to ever use the system was Charles Bowden
, who turned states witness in the murder of journalist Veronica Guerin
.
Swiss
law does not provide for a witness protection program. The cantonal police may provide ad hoc protection in exceptional cases.
of witnesses is conducted by different agencies depending on the nature of the case and the location of the trial
, such as the special judicial police unit Gryphon (part of the Ministry of Internal Affairs), the Security Service of Ukraine and the special police unit Berkut
.
established a formal program of witness protection as part of the Organized Crime Control Act
of 1970. Prior to that program, witness protection was also instituted after the American Civil War
as part of the Ku Klux Klan Act of 1871 to protect people testifying against members of the Ku Klux Klan
. In the 20th century, the Federal Bureau of Investigation
also crafted new identities to protect witnesses.
Many states, including Texas
, California
, Illinois
, Connecticut
, and New York
, as well as Washington, D.C.
, have their own witness protection programs for crimes not covered by the federal program. The state-run programs provide less extensive protections than the federal program.
One of the most difficult problems facing law enforcement is the power of gang members to thwart the criminal justice system by threatening and intimidating the witnesses against them. This is not just an American problem, this is an international problem and while the problem may seem insurmountable the implementation of witness protection programs has enabled thousands of witnesses to testify and thereby convict violent gang members who might have otherwise gotten away with their crimes. The reason why many witnesses in gang cases never report what they have seen or later change their stories and not want to testify is due to threats being made against the witness by members or associates of the gang involved in the case. Before witness protection funds can be sought, law enforcement must conduct an assessment of the threat or potential for danger. This assessment includes an analysis of the extent the person or persons making the threats appear to have the resources, intent, and motivation to carry out the threats and how credible and serious the threats appear to be. When threats are deemed credible and witnesses request law enforcement assistance, witness protection funds can be used to provide assistance to witnesses which helps law enforcement keep witnesses safe and help ensure witnesses appear in court and provide testimony.
Special arrangements, known as S-5 and S-6 visas, also exist to bring key alien witnesses into the US from overseas. T visa
s may be used to admit into the United States victims of human trafficking
willing to assist in prosecuting the smugglers.
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
or any person involved in the justice system, including defendants and other clients, before, during and after a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, usually by police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. While a witness may only require protection until the conclusion of a trial, some witnesses are provided with new identity
Identity creation
Identity creation is the process of creating a new personal identity or alias for an existing person.It is commonly employed:*As part of witness protection program...
and may live out the rest of their lives under government protection.
Witness protection is usually required in trials against organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
, where law enforcement sees a risk for witnesses to be intimidated by colleagues of defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s. It is also used at war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
trials.
Witness protection by country
Not all countries have formal witness protection programs, instead, local policeLocal police
Local police may refer to:*The Spanish Police Force, Policia Local*Police in general...
may implement informal protection as the need arises in specific cases.
Canada
Canada's Witness Protection Program Act was assented into law June 20, 1996 by then Governor General Roméo LeBlancRoméo LeBlanc
Roméo-Adrien LeBlanc was a Canadian journalist, politician, and statesman who served as Governor General of Canada, the 25th since Canadian Confederation....
.
New Zealand
The New Zealand PoliceNew Zealand Police
The New Zealand Police is the national police force of New Zealand, responsible for enforcing criminal law, enhancing public safety, maintaining order and keeping the peace throughout New Zealand...
provide protection for witnesses against members of criminal gangs and serious criminals who feel threatened or intimidated. They run a Witness Protection Programme that monitors the welfare of witnesses and if necessary, helps create new identities. There is an agreement between the police and the Department of Corrections
Department of Corrections (New Zealand)
The Department of Corrections is a state sector organisation of New Zealand. Its core responsibility is the management of the New Zealand corrections system.New Zealand's Minister of Corrections is the Hon...
to ensure that protected witnesses receive appropriate protection from that department.
In 2007 the programme became the subject of public controversy when the previous conviction for drunk driving by a now protected witness was withheld from police and this resulted in him being able to continue driving and kill another motorist in a road accident while intoxicated.
Republic of China (Taiwan)
The Republic of ChinaRepublic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
promulgated the Witness Protection Act on February 9, 2000 in Taiwan Area.
Republic of Ireland
The system in the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
is administered by the Attorney General of Ireland
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
. The first person to ever use the system was Charles Bowden
Charles Bowden (criminal)
Charles Bowden is a convicted Irish criminal, who after turning state's witness in the murder of journalist Veronica Guerin, was the first person to enter the Republic of Ireland's witness protection programme....
, who turned states witness in the murder of journalist Veronica Guerin
Veronica Guerin
Veronica Guerin was an Irish crime reporter who was murdered on 26 June 1996 by drug lords, an event which, alongside the murder of Detective Garda Jerry McCabe three weeks earlier, helped establish the Criminal Assets Bureau....
.
Switzerland
Swiss
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
law does not provide for a witness protection program. The cantonal police may provide ad hoc protection in exceptional cases.
Ukraine
In Ukraine the protectionProtection
Protection may refer to:-Music:*Protection , by Massive Attack*"Protection" *"Protection" *"Protection," a song by Krokus from To You All...
of witnesses is conducted by different agencies depending on the nature of the case and the location of the trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
, such as the special judicial police unit Gryphon (part of the Ministry of Internal Affairs), the Security Service of Ukraine and the special police unit Berkut
Berkut (Ukraine)
The "Berkut" is the system of special units of the Ukrainian militsiya within the Ministry of Internal Affairs and Ukraine's successor of the Soviet OMON. Currently it is considered to be part of the Militsiya of Public Security. Its full name is "Berkut" Separate Special Assignment Unit of...
.
United Kingdom
The UK has a system administered by local police forces, however there are reports of a full nationwide team to be created.United States
The United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
established a formal program of witness protection as part of the Organized Crime Control Act
Organized Crime Control Act
The Organized Crime Control Act of 1970 , was an Act of Congress sponsored by Democratic Senator John L. McClellan and signed into law by U.S. President Richard Nixon....
of 1970. Prior to that program, witness protection was also instituted after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
as part of the Ku Klux Klan Act of 1871 to protect people testifying against members of the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
. In the 20th century, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
also crafted new identities to protect witnesses.
Many states, including Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, as well as Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, have their own witness protection programs for crimes not covered by the federal program. The state-run programs provide less extensive protections than the federal program.
One of the most difficult problems facing law enforcement is the power of gang members to thwart the criminal justice system by threatening and intimidating the witnesses against them. This is not just an American problem, this is an international problem and while the problem may seem insurmountable the implementation of witness protection programs has enabled thousands of witnesses to testify and thereby convict violent gang members who might have otherwise gotten away with their crimes. The reason why many witnesses in gang cases never report what they have seen or later change their stories and not want to testify is due to threats being made against the witness by members or associates of the gang involved in the case. Before witness protection funds can be sought, law enforcement must conduct an assessment of the threat or potential for danger. This assessment includes an analysis of the extent the person or persons making the threats appear to have the resources, intent, and motivation to carry out the threats and how credible and serious the threats appear to be. When threats are deemed credible and witnesses request law enforcement assistance, witness protection funds can be used to provide assistance to witnesses which helps law enforcement keep witnesses safe and help ensure witnesses appear in court and provide testimony.
Special arrangements, known as S-5 and S-6 visas, also exist to bring key alien witnesses into the US from overseas. T visa
T visa
A T visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States if they agree to assist law enforcement in testifying against the perpetrators.- Background :...
s may be used to admit into the United States victims of human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
willing to assist in prosecuting the smugglers.