NCJ Number
98234
Date Published
1985
Length
330 pages
Annotation
This book describes the nature and extent of witness intimidation and ways to deal with it. The author suggests specific ways to preserve trustworthy out-of-court statements and admit them as substantive evidence at trial if the witness' testimony is lost through intimidation.
Abstract
An introduction presents case examples and survey results that indicate the pervasiveness of witness intimidation. This is followed by a description of legislative, judicial, prosecutorial, and societal responses to witness intimidation, including preventive, deterrent, and remedial measures. The author argues that justice has historically focused on offenders and ignored victims and witnesses and that more measures should be taken to preclude witness intimidation. To this end, he charges the legal profession to broaden its avenues for preserving trustworthy, prior out-of-court statement; he suggests the use of a 'preservation proceeding' that would permit the prosecutor to bring a witness before a judge, magistrate, or specially appointed attorney for preserving witness testimony. Chapter notes, an index, and 160 references are supplied.