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Date: April 30, 2024 Tue
Time: 1:04 am
Time: 1:04 am
Results for witness intimidation
4 results foundAuthor: Bruce, David Title: Putting People First? A Survey of Witness Satisfaction in Three Gauteng Magistrates' Courts Summary: This report reflects the findings of a survey of witnesses - including victims and other prosecution and defense witnesses - conducted in late 2003 at three magistrates' courts in Gauteng. The authors examine the issue of intimidation, the length of time witnesses spend at court, witness satisfaction, and witness complaints and recommendations for improving the criminal justice system. Details: Johannesburg, South Africa: Centre for the Study of Violence and Reconciliation, 2005. 49p. Source: Year: 2005 Country: South Africa URL: Shelf Number: 118373 Keywords: Courts (South Africa)Witness IntimidationWitnesses (South Africa) |
Author: Northern Ireland. Criminal Justice Inspection Title: The Use of Special Measures in the Criminal Justice System in Northern Ireland Summary: It is widely accepted that many people who are victims of, or witnesses to crimes, find the criminal justice process stressful. Certain classes of witnesses have particular needs by reasons of age, personal circumstances or fear of intimidation. These witnesses may need help to overcome the many anxieties of the criminal justice process and trial. In an acknowledgement of the needs of vulnerable and intimidated witnesses (VIWs) ‘special measures’ were introduced to assist certain categories of witnesses to give their best evidence in court with as little stress as possible. They include the screening of witnesses in court, the use of closed circuit television, the removal of wigs and gowns, and video evidence. The use of special measures is particularly important in cases involving children and sexual offences. The Department of Justice (DoJ) has been reviewing the effectiveness of the statutory special measures to assist vulnerable and intimidated witnesses and invited Criminal Justice Inspection Northern Ireland (CJI) to undertake a formal inspection into the area as part of the review process. The aim of the inspection was to examine the use of special measures and its effectiveness in achieving best outcomes for witnesses. The findings and recommendations of Inspectors broadly underpin and reinforce the work of the DepartmentalWorking Group in this area. The inspection found that special measures are of vital importance in helping vulnerable and intimidated witnesses give their best evidence. Inspectors heard positive feedback from victims and witnesses about the assistance they received and the impact it had on preparing them for giving evidence in court. Witnesses were found to give better evidence when they had a choice about the ways in which it was given. The support to victims and witnesses was regarded as invaluable. Details: Belfast: Criminal Justice Inspection Northern Ireland, 2012. 79p. Source: Internet Resource: Accessed April 27, 2012 at: http://www.cjini.org/CJNI/files/e6/e684b2e9-231e-4c06-b496-5b744e10c0cb.pdf Year: 2012 Country: United Kingdom URL: http://www.cjini.org/CJNI/files/e6/e684b2e9-231e-4c06-b496-5b744e10c0cb.pdf Shelf Number: 125076 Keywords: Victims of CrimesWitness IntimidationWitnesses (Northern Ireland) |
Author: Charles, Corrine Title: Special Measures for Vulnerable and Intimidated Witnesses: Research Exploring the Decisions and Actions Taken by Prosecutors in a Sample of CPS Case Files Summary: Victims and witnesses play a central role in the prosecution process. The CPS relies on the evidence of victims and witnesses to deliver successful prosecutions and ensure justice is done. Some victims and witnesses may have particular difficulties attending court and giving evidence due to their age, personal circumstances, fear of intimidation or because of their particular needs. This was recognised in the Youth Justice and Criminal Evidence Act 1999 (‘YJCEA 1999’), which provides a range of special measures which the court can direct in order to assist ‘vulnerable and intimidated’ witnesses to give their best evidence in court. The measures include: § Giving evidence behind a screen positioned around the witness box; § Giving evidence by a live TV link from a room outside the courtroom; § Giving evidence in private by clearing the courtroom of members of the public; § Removal of wigs and gowns by judges and lawyers; § Use of video-recorded interviews as evidence in chief; § Examination of the witness through a Registered Intermediary; and § The provision of aids to communication such as through a computer or other device to communicate when giving evidence. Vulnerable witnesses are defined by the YJCEA 1999 as all child witnesses (under 18) and any witness whose quality of evidence is likely to be diminished because they are suffering from a mental disorder (as defined by the Mental Health Act 1983); have a significant impairment of intelligence and social functioning (including learning disability); or have a physical disability or disorder. Intimidated witnesses are defined as those suffering from fear or distress in relation to testifying in the case. Although a vulnerable or intimidated witness might be eligible for special measures, the measures will not automatically be available at the trial. An application for special measures must be made to the court by a prosecutor, on behalf of the witness, and must be made within set time limitations. While a number of positive impacts for vulnerable and intimidated witnesses have been demonstrated since the introduction of special measures, the research evidence also highlights a number of areas where special measures do not work as well as they might. Recurrent themes that are pertinent to the role of the prosecutor in seeking special measures include: § Vulnerable and intimidated witnesses are not always identified at the earliest opportunity; § Victim and witness needs are not always considered by the CPS at the charging stage; § Where a vulnerable or intimidated witness has been identified in a case, the police and the CPS rarely hold an ‘early special measures discussion’ to assist case progression; § Prosecutors infrequently hold ‘special measures meetings’ with vulnerable or intimidated witnesses to discuss matters; and § Applications for special measures are often made late. Evidently, there are some concerns regarding the effective use of special measures. In this context, the present research was commissioned to provide further insight into a number of these issues; focusing in particular on areas where the CPS has a direct role and responsibility. The research aimed to identify aspects for improvement or greater effectiveness for prosecutors in relation to their role in the special measures process. It focused on three areas of concern: § Identification of the need for special measures; § Communication with the police and with witnesses regarding special measures; and § The timeliness of special measures applications. The research also looked at the quality of special measures applications and whether the measure(s) sought were appropriate to the needs of witnesses. The outcomes of applications were also considered to understand the reasons why any had not been granted by the court. Details: London: Crown Prosecution Services, 2012. 90p. Source: Internet Resource: Accessed September 12, 2012 at: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Year: 2012 Country: United Kingdom URL: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Shelf Number: 126303 Keywords: CourtsProsecutorsVictims of CrimesWitness IntimidationWitnesses (U.K.) |
Author: Lawrence, Daniel S. Title: Prosecutor Priorities, Challenges and Solutions Summary: State and local prosecutors face an ever-increasing array of challenges and responsibilities, including recruiting and retaining talented and diverse prosecutors and handling, storing, and using growing bodies of evidence generated through modern technology. In March 2018, the Priority Criminal Justice Needs Initiative convened an expert panel to identify priority needs and solutions for improving the effectiveness and efficiency of the prosecutorial component of the criminal justice system. During the workshop, participants explored needs relating to staffing and resources, digital information, organizational data, litigation strategies, accountability, and partnerships and collaboration. High-priority needs identified for action included developing better training resources and tools for the assessment of staffing needs, researching promising practices for responding to witness intimidation and tampering, and examining the effectiveness of plea and diversion options currently in use. Details: Santa Monica, California: RAND Corporation, 2019. 28p. Source: Internet Resource: Accessed June 17, 2019 at: https://www.rand.org/content/dam/rand/pubs/research_reports/RR2800/RR2892/RAND_RR2892.pdf Year: 2019 Country: United States URL: https://www.rand.org/pubs/research_reports/RR2892.html Shelf Number: 156429 Keywords: Attorneys Court Staffings Evidence Tampering Prosecutors Training Resources Witness Intimidation |