NCJ Number
57162
Date Published
1978
Length
101 pages
Annotation
A SURVEY OF 13 MUNICIPAL COURT DISTRICTS, 11 SUPERIOR COURTS, AND PUBLIC DEFENDER AND DISTRICT ATTORNEY OFFICES IN 18 COUNTIES OF CALIFORNIA FOUND THAT WITNESSES OFTEN LOSE TIME AND MONEY NEEDLESSLY.
Abstract
THE STUDY CONCLUDES THAT WITNESSES ARE ROUTINELY TREATED INDIFFERENTLY BY THE CRIMINAL JUSTICE PROCESS AND, AS THEY ARE DRAWN INTO THE PROCESS BY REPEATED COURT APPEARANCES, THEY OFTEN SUSTAIN MONETARY AND TIME LOSSES THAT CANNOT BE ADEQUATELY COMPENSATED. USUALLY THE WITNESS IS INTERVIEWED BY THE POLICE IMMEDIATELY AFTER A CRIME, THEN HEARS NOTHING UNTIL A UNIFORMED POLICE OFFICER DELIVERS A SUBPOENA TO THE HOME OR PLACE OF EMPLOYMENT. THIS IS SOMETIMES A SOURCE OF EMBARRASSMENT. THE SUBPOENA GIVES THE DATE AND TIME OF THE COURT APPEARANCE BUT NO MAP OR INFORMATION ON PARKING OR PUBLIC TRANSPORTATION. MANY WITNESSES MUST TAKE TIME OFF FROM WORK. OTHERS MUST BRING SMALL CHILDREN WITH THEM. FEW CAN FIND A PLACE TO PARK AND WAITING ROOMS ARE NONEXISTENT. WITNESS SERVICE PROJECTS HAVE DEMONSTRATED THAT PEOPLE ARE MORE COOPERATIVE AND PROSECUTIONS RUN MORE SMOOTHLY WHEN THE COURT CONSIDERS WITNESS NEEDS. A TELEPHONE STAND-BY NOTIFICATION SERVICE PLUS A MAILED SUBPOENA SHOULD BE USED. IF THE CASE IS POSTPONED, WITNESSES SHOULD BE NOTIFIED AS SOON AS POSSIBLE. WITNESS WAITING ROOMS, CHILD CARE PROVISIONS, AND PARKING PROVISIONS ARE RECOMMENDED AS IS A 'WITNESS HANDBOOK,' WHICH EXPLAINS COURT PROCEDURE. WITNESS SHOULD ALSO BE TOLD ROUTINELY ABOUT THE OUTCOME OF THE CASE. APPENDIXES CONTAIN THE STUDY QUESTIONNAIRES, A SAMPLE 'WITNESS HANDBOOK,' COMMENTARY FROM JUDICIAL OFFICIALS, AND A BIBLIOGRAPHY. (GLR)