NCJ Number
61906
Date Published
1979
Length
8 pages
Annotation
A PROPOSAL BY THE AMERICAN BAR ASSOCIATION (ABA) VICTIMS COMMITTEE FOR REDUCING INTIMIDATION OF VICTIMS AND WITNESSES IS EXAMINED CRITICALLY IN TESTIMONY TO THE COMMITTEE. CHANGES ARE PROPOSED.
Abstract
ALTHOUGH THE MEASURES PROPOSED BY THE ABA DEFINE THREE FORMS OF INTIMIDATION (TRADITIONAL, COMMUNITY, AND PERCEIVED), THE COMMITTEE'S PROPOSAL ADDRESSES ONLY THE TRADITIONAL FORM. IN ADDITION, THE PROPOSAL OVERLOOKS CASES OF INTIMIDATION THAT ARE DISCOVERED BUT NOT REPORTED. TO OVERCOME THESE PROBLEMS, THE ABA'S PROPOSAL SHOULD BE EXPANDED IN SEVERAL AREAS. FIRST, THE MODEL LAW SHOULD BE REWORDED AND EXPANDED TO APPLY TO ALL FORMS OF INTIMIDATION. FOR EXAMPLE, THE POSITIVE DUTY OF A WITNESS TO REPORT CERTAIN OFFENSES SUCH AS SPOUSE ABUSE, CHILD ABUSE, AND RAPE, SHOULD BE STATED. SUCH A STATEMENT SHOULD ALSO INCLUDE AN IMMUNITY CLAUSE FOR REPORTING (AS IS CURRENTLY FOUND IN SOME CHILD ABUSE LAWS) AND A CLAUSE MAKING ATTEMPTS TO DISSUADE REPORTING THE CRIME A MISDEMEANOR. SECOND, POLICE PROCEDURES SHOULD INCLUDE SOME KIND OF PROTECTION SERVICE TO THE VICTIM OR WITNESS, THROUGH COMMUNITY ASSISTANCE PROGRAMS, PRIOR TO THE POLICE REPORT. SUCH PROGRAMS SHOULD INCLUDE USE OF TRAINED CIVILIANS, SYSTEMATIC OUTREACH TO CONTACT VICTIMS AND POTENTIAL WITNESSES, SHELTER NETWORK FOR SHORT-TERM RELOCATION, AND PUBLIC EDUCATION ON LAWS AND PROTECTIONS CONCERNING INTIMIDATION. THIRD, PROSECUTORS' PROCEDURES SHOULD BE EXPANDED TO PROVIDE COUNSEL TO ANY VICTIM OR WITNESS THAT WILL BE INVOLVED IN A CRIMINAL PROSECUTION. PROSECUTORS SHOULD ALSO HELP EDUCATE THE PUBLIC ABOUT THE PROBLEM OF INTIMIDATION. THIS TESTIMONY WAS PRESENTED ON BEHALF OF THE NATIONAL ORGANIZATION OF VICTIM ASSISTANCE (NOVA) BUT DOES NOT NECESSARILY REFLECT A CONSENSUS OF NOVA MEMBERS' OPINIONS. (CFW)