ENT OF M JU U.S. Department of Justice T S R T A I P C E E D B O J C S Office of Justice Programs F A 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 R e s e a r c h i n A c t i o n Jeremy Travis, Director October 1995 Highlights Victim and Witness Intimidation: Prosecutors in some jurisdictions re- port an increase in victim and wit- New Developments and Emerging Responses ness intimidation: some prosecutors have estimated intimidation as a by Kerry Murphy Healey factor in 75 to 100 percent of the violent crimes committed in some Intimidation of victims and witnesses witnesses by gangs or drug-selling groups gang-dominated neighborhoods. This Research in Action summarizes undermines the functioning of the justice promotes the communitywide perception recent developments in gang- and system by denying critical evidence to that any cooperation with the criminal jus- drug-related intimidation of victims police and prosecutors. This long-stand- tice system is dangerous. and witnesses, current responses to ing problem also erodes confidence in the problem by police and prosecu- the government’s ability to protect citi- This Research in Action is based on struc- tors, and emerging models and zens. Victim and witness intimidation tured interviews with 32 criminal justice strategies for its prevention and has usually been associated with orga- professionals from 20 urban jurisdictions, suppression. nized crime and domestic violence including prosecutors; victim services di- cases. But this form of intimidation is rectors; Federal, State, and local law en- The nature of intimidation 1 developing new characteristics as its oc- forcement officers; judges; and scholars. ● Gang- and drug-related intimida- currence increases in urban drug- and Also included are the insights offered by a tion may be case-specific or gang-related violent crime. working group of 20 criminal justice pro- communitywide. The wholesale in- fessionals, who met in September 1994 timidation of neighborhoods can be Intimidation can be characterized as: to exchange information on emerging as harmful to witness cooperation responses to the problem of victim and ● as an explicit threat made against Case-specific—threats or violence in- witness intimidation. The preliminary an individual. Each case-specific act tended to dissuade a victim or witness findings of this National Institute of of violence against victims or witnesses from testifying in a specific case. Justice-sponsored project indicate many promotes the communitywide percep- recent developments in the nature of tion that any cooperation with the ● Communitywide—acts by gangs or criminal justice system is dangerous. drug-selling groups intended to foster a witness and victim intimidation and a wide general atmosphere of fear and noncoop- range of existing and emerging strategies ● Factors that contribute to the eration within a neighborhood or com- to address the problem. reluctance of witnesses to step munity. forward include fear, strong com- Characteristics of victim and wit- munity ties, or a deepseated distrust The wholesale intimidation of neighbor- of law enforcement. Community ness intimidation hoods by gangs or drug-selling groups members may also consider gang can be as harmful to witness cooperation Most interview respondents estimated that and drug crimes as outside the scope more victims were murdered and otherwise of their concern or responsibility. as an explicit threat against an indi- vidual. Communitywide and case-spe- intimidated in domestic violence cases in ● Factors that increase the likeli- cific intimidation may operate separately their jurisdictions each year than in gang or in tandem. However, each case-spe- or drug crime-related intimidation at- cific act of violence against victims or tempts. Respondents and working group continued . R e s e a r c h i n A c t i o n Highlights members agreed that intimidation in tors noted that only unsuccessful intimi- dation attempts ever came to the atten- continued . domestic violence cases is different in nature from gang-related intimidation tion of police or prosecutors.5 Today, because of the close relationship between prosecutors report that extremely violent hood of intimidation include the vio- domestic partners and the near univer- intimidation attempts—which are almost lent nature of the initial crime, a pre- sality of intimidation in domestic violence always successful—are coming to their vious personal connection to the cases. However, respondents agreed attention with increasing frequency. defendant, geographic proximity to the defendant, and membership in a that intimidation associated with gang- These extremely violent intimidation at- culturally vulnerable group. and drug-related violent crime was es- tempts are often gang- and drug-related. calating, while intimidation linked to Police and prosecutor approaches domestic violence was continuing at a A recent national assessment of gang steady rate. prosecution sponsored by NIJ provides ● Traditional approaches to the important new data supporting anecdotal problem of victim and witness intimi- The extent of the problem. A number estimates of the prevalence of victim and dation include warnings to the de- witness intimidation offered by police fendant concerning obstruction of of prosecutors linked the increase in vio- 6 justice laws, high bail, aggressive lent victim and witness intimidation to administrators and prosecutors. Accord- prosecution of reported intimidation the advent of gang-controlled crack sales ing to this assessment, 51 percent of attempts, and, in extreme cases, in the mid- to late-1980’s. As crack sales prosecutors in large jurisdictions and 43 threatened individuals’ entry in the grew, some urban prosecutors noted an up- percent in small jurisdictions said that Federal witness security program. turn in gang- and drug-related homicides.2 the intimidation of victims and witnesses was a major problem, while an additional ● Several prosecutors estimated that today Some innovative interventions to 30 percent of prosecutors in large gang- and drug-related intimidation victim and witness intimidation is sus- jurisdictions and 25 percent in small include emergency relocation and pected in up to 75-100 percent of the support for threatened witnesses, violent crimes committed in some gang- jurisdictions labeled intimidation a mod- innovative courtroom security mea- dominated neighborhoods.3 erate problem. sures, interagency cooperation to move threatened witnesses who re- The 1992 National Crime Victimization Causes of individuals’ reluctance to be side in public housing to new areas, Survey suggests that in neighborhoods witnesses. Examples of mass intimida- secure segregation of intimidated vic- not plagued by gangs and drug sales, tion given by police and prosecutors (see tims and witnesses in correctional fa- fear and intimidation play a much less “No One Is Willing to Testify”) suggest cilities, and community outreach and significant part in the failure to cooper- that fear is only one factor contributing collaboration among criminal justice, ate with police and prosecutors.4 The to the reluctance of witnesses to step for- social service, and community discrepancy between the perception of ward; strong community ties and a deep- groups. urban police and prosecutors and the seated distrust of law enforcement may ● Emerging strategies also empha- findings of the National Crime Victim- also be strong deterrents to cooperation. size intimidation prevention and con- ization Survey is important: victim and The communities in which many of these trol through community outreach witness intimidation is endemic in neigh- gangs operate are often worlds unto based on community policing and borhoods infested with gang activity and themselves—places where people live, prosecution approaches and en- drug sales and virtually invisible to attend school, and work, all within a ra- hanced communication among law people outside those neighborhoods. dius of only a few blocks—from which enforcement, prosecutors, and the The majority of citizens outside gang- they rarely venture out. More impor- judiciary. dominated neighborhoods learn about tantly, victims and witnesses usually know the gang members and defendants Target audience: Prosecutors; law victim and witness intimidation only enforcement officials; criminal justice through the media. against whom they are asked to testify; researchers in the fields of prosecu- typically, victims and witnesses are the tion, community policing, and crimi- Victim and witness intimidation resists children of the gang member’s friends or nal gangs; judges; and providers of quantitative analysis, but some data are relatives, members of the same church, victim services. emerging that give a clearer picture of classmates, or neighbors. Furthermore, the problem. A decade ago, commenta- the community may regard many of the 2 R e s e a r c h i n A c t i o n crimes for which witnesses are sought from cooperating. Communitywide in- ● A previous personal connection to as private business matters among timidation was the most frustrating type the defendant. gang members or drug dealers, not of intimidation for prosecutors and po- crimes against the community. lice because, even if no actionable ● Geographic proximity to the defendant. threat is ever made, witnesses and vic- ● Cultural vulnerability—that is, Both case-specific and communitywide tims are still deterred from testifying. membership