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Witnesses Do Not Testify

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Witnesses Do Not Testify T O EN F J TM U R ST U.S. Department of Justice A I P C E E D B O J C S F A Office of Justice Programs V M F O I N A C I J S R E BJ G O OJJ DP O F PR National Institute of Justice JUSTICE National Institute of Justice Issues and Practices Preventing Gang- and Drug-Related Witness Intimidation About the National Institute of Justice The National Institute of Justice (NIJ), a component of the • The research and development program that resulted in Office of Justice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab- difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and Safe Streets Act • Pioneering scientific advances such as the research and of 1968, as amended, and the Anti-Drug Abuse Act of 1988 development of DNA analysis to positively identify direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion. • Sponsor special projects, and research and develop- • The evaluation of innovative justice programs to deter- ment programs that will improve and strengthen the mine what works, including drug enforcement, commu- criminal justice system and reduce or prevent crime. nity policing, community anti-drug initiatives, prosecu- tion of complex drug cases, drug testing throughout the • Conduct national demonstration projects that employ criminal justice system, and user accountability pro- innovative or promising approaches for improving crimi- grams. nal justice. • Creation of a corrections information-sharing system • Develop new technologies to fight crime and improve that enables State and local officials to exchange more criminal justice. efficient and cost-effective concepts and techniques for planning, financing, and constructing new prisons and • Evaluate the effectiveness of criminal justice programs jails. and identify programs that promise to be successful if continued or repeated. • Operation of the world’s largest criminal justice infor- mation clearinghouse, a resource used by State and local • Recommend actions that can be taken by Federal, State, officials across the Nation and by criminal justice agen- and local governments as well as by private organiza- cies in foreign countries. tions to improve criminal justice. • Carry out research on criminal behavior. The Institute Director, who is appointed by the President and confirmed by the Senate, establishes the Institute’s objec- • Develop new methods of crime prevention and reduc- tives, guided by the priorities of the Office of Justice Pro- tion of crime and delinquency. grams, the Department of Justice, and the needs of the criminal justice field. The Institute actively solicits the views The National Institute of Justice has a long history of of criminal justice professionals to identify their most critical accomplishments, including the following: problems. Dedicated to the priorities of Federal, State, and local criminal justice agencies, research and development at • Basic research on career criminals that led to the devel- the National Institute of Justice continues to search for opment of special police and prosecutor units to deal answers to what works and why in the Nation’s war on drugs with repeat offenders. and crime. • Research that confirmed the link between drugs and crime. U.S. Department of Justice Office of Justice Programs National Institute of Justice Preventing Gang- and Drug-Related Witness Intimidation by Peter Finn and Kerry Murphy Healey November 1996 Issues and Practices in Criminal Justice is a publication series of the National Institute of Justice. Each report presents the program options and management issues in a topic area, based on a review of research and evaluation findings, operational experience, and expert opinion on the subject. The intent is to provide information to make informed choices in planning, implementing, and improving programs and practice in criminal justice. National Institute of Justice Jeremy Travis Director Samuel C. McQuade Program Monitor Advisory Panel A. Franklin Burgess, Jr. Thomas O. Mills Deputy Presiding Judge Deputy Chief Criminal Division Kansas City, Missouri, Police Department Superior Court of the District of Columbia Police Headquarters 500 Indiana Avenue, NW 1125 Locust Street Room 2500 Kansas City, MO 64106 Washington, DC 20001 John J. Pogash Michael O. Freeman 9954 Mallow Street Hennepin County Attorney Manassas, VA 22100 C200 Hennepin County Government Center Minneapolis, MN 55487 James W. Rice Special Agent Federal Bureau of Investigation Violent Crimes and Gang Unit 1900 Half Street, SW Washington, DC 20535 Prepared for the National Institute of Justice, U.S. Department of Justice by Abt Associates Inc., under contract #OJP-94-C-007. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. NCJ 163067 Table of Contents Page Foreword .......................................................................................................................................................... vii Acknowledgments ............................................................................................................................................ ix Executive Summary.......................................................................................................................................... xi Chapter 1: The Nature and Extent of Witness Intimidation ..................................................................... 1 What Is Witness Intimidation? ...................................................................................................... 1 Types of Intimidation .......................................................................................................... 1 Gang-Inspired Fear: A Particularly Pervasive Problem..................................................... 2 Fear Is Not the Only Reason Witnesses Do Not Testify .................................................... 4 How Serious Is Witness Intimidation?.......................................................................................... 4 Forms of Intimidation ................................................................................................................... 5 Physical Violence ................................................................................................................ 6 Explicit Threats of Physical Violence ................................................................................. 6 Indirect Intimidation ........................................................................................................... 7 Property Damage ................................................................................................................. 7 Courtroom Intimidation ...................................................................................................... 7 Other Forms of Intimidation ............................................................................................... 7 The Primary Actors in Witness Intimidation ................................................................................ 7 Types of Perpetrators .......................................................................................................... 7 The Most Likely Targets of Intimidation............................................................................ 7 When Intimidation Occurs .................................................................................................. 9 Conclusion ..................................................................................................................................... 9 Endnotes ........................................................................................................................................ 9 PART I COMPONENTS OF A COMPREHENSIVE WITNESS SECURITY PROGRAM Chapter 2: Traditional Approaches to Witness Security .......................................................................... 13 Requesting High Bail .................................................................................................................. 13 Vigorous Prosecution of Intimidators ......................................................................................... 14 Charging Practices ............................................................................................................ 14 Advantages and Drawbacks of Prosecution ...................................................................... 14 Witness Management .................................................................................................................. 16 Page Basic Victim/Witness Assistance Program Services .................................................................. 19 Conclusion................................................................................................................................... 20 Endnotes .....................................................................................................................................
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