NCJ Number
110022
Date Published
1988
Length
17 pages
Annotation
Witness cooperation in public corruption investigations may be difficult to obtain because of fear of retaliation, self-incrimination, or scandal.
Abstract
In addition, witnesses may refuse to cooperate on advice of defense counsel or as a result of antigovernment attitudes or anticipated rewards for silence. General approaches that prosecutors may use to encourage cooperation include the establishment of a stable anticorruption unit and development of a reputation for toughness, persistence, and confidentiality. Pressure for cooperation can be applied through employment, through grand jury subpoena, and by an emphasis on the collateral consequences of convictions on different charges. Other approaches include offering protection and/or immunity, emphasizing confidentiality and the benefits of cooperation, challenging the witness to stand up against corruption, persuading the witness of the target's guilt and the evidence of that guilt, and specifying the use of a polygraph examination in the witness cooperation agreement. In deciding which of these tactics to use in a case, prosecutors must balance the importance of the witness' testimony and the needs of the investigation against legitimate concerns for the rights of the affected individuals.