NCJ Number
108299
Journal
University of Michigan Journal of Law Reform Volume: 19 Dated: (1986) Pages: 473-497
Date Published
1986
Length
25 pages
Annotation
Both states and the Federal government should enact a uniform law establishing a mandatory right to counsel for material witnesses, to provide them with protection that the Constitution fails to provide.
Abstract
Currently material witnesses lack the basic protection granted to all criminal defendants. They do not have adequate protection against unfair detention and police abuse. The police sometimes misuse existing material witness statutes to incarcerate a suspect until they gather enough evidence to formally charge the material witness as a criminal defendant. Material witnesses should have a mandatory right to counsel both for their own protection and for the encouragement of witness participation in the criminal justice system. Providing counsel need not threaten defendants' constitutional rights to confront their accusers. Proposed model law and analysis of past and current Federal legislation to establish the right to counsel for material witnesses. 107 footnotes.