Witness Intimidation
Securing credible witness testimony is a key factor in the successful prosecution of criminal cases. These cases, however, often involve dangerous defendants who are willing to take drastic action to avoid conviction for their crimes. In many gang and domestic violence cases, witnesses are threatened or intimidated and prevented from testifying or providing critical evidence for fear of retaliation by the defendant or co-conspirators. The aggravation caused by witness intimidation impedes the criminal justice system and casts a shadow of doubt on prosecutors’ ability to defend citizens from heinous crime. Witnesses are unwilling to share critical details with the court and are stifled by the “don’t snitch” street mentality.
A report from the National Institute of Justice (NIJ) published in November 1996 claims that prosecutors reported witness intimidation as a factor in 75 to 100 percent of cases involving violent crimes in gang-dominated regions. Intimidation is also an issue in many other cases, such as domestic violence cases. With the increased prevalence of gangs in both urban and rural jurisdictions and the consistent pervasiveness of domestic violence cases, prosecutors must be aware of and have the tools necessary to avoid and deal with cases involving intimidation.
In May, the Executive Working Group, consisting of prosecutors at all levels of government, met to discuss the issue of witness intimidation and identify common trends and promising practices in combating this issue. Representatives from the U.S. Department of Justice were in attendance along with members of the National Association of Attorneys General and representatives from NDAA. In addition to myself, those in attendance on behalf of NDAA included: President-Elect Jim Fox, San Mateo County, California; Chairman of the Board Paul Logli, Winnebago County, Illinois; Mike Thomas, Saginaw County, Michigan; Joe Hynes, Kings County, New York; and Patricia Jessamy, Baltimore, Maryland. Participants shared innovative practices in their jurisdictions and offices and discussed possibilities for potential proactive measures to prevent intimidation before it occurs. Most jurisdictions have established courtroom security measures, counseling programs, interagency cooperation and community education programs. The most common practice throughout the U.S. is witness relocation for those individuals who feel threatened. Intimidated witnesses are frequently (and quickly) relocated to new housing facilities, their names are changed, and they are provided with the protective resources to avoid danger from defendants.
The problem with any (and all) of these programs, however, is that they are not “witness protection” programs, per se. There is no guarantee that these witnesses will or can be fully protected and guarded at all times. As such, it is difficult to convince these individuals that everything will be done to ensure their safety. And without an absolute feeling of security, obtaining testimony becomes a daunting task.
It is important to establish preventative measures, information sharing, and school and community education programs to combat witness intimidation from all perspectives. NDAA is dedicated to eliminating witness intimidation and protecting the integrity of the criminal justice system.
