Witness protection how does it work

Valentine's Day Massacre in in which several members of Moran's gang were killed. Moran died in American gangsters — Clyde Barrow and Bonnie Parker robbed banks across America before meeting their end when police and federal agents ambushed them on a dirt road in Louisiana in American gangsters — John Dillinger, gangster and bank robber, was the first criminal to be called Public Enemy No. Bureau agents gunned him down outside a movie theater in Nelson died following a shootout with the FBI in He died in the electric chair at New York's Sing Sing prison in American gangsters — Vincent "Mad Dog" Coll was infamous for the attempted kidnapping of a rival gang member in Coll shot into a crowd, killing a child and injuring several other youths.

Coll escaped conviction due to a lack of credible witnesses. He was later shot to death in while talking in a phone booth, most likely by a rival gangster. The program has made some limited information available to the public on its website: It provides hour protection to all witnesses while they are in a high-threat environment; witnesses receive financial assistance for housing and subsistence for basic living expenses and medical care; the program also provides for job training and employment assistance.

In an interview with CNN, Gerald Shur, who created the program, offered insight into the inner workings of this secretive government service. Shur was an attorney in what was then the Justice Department's Organized Crime and Racketeering Section in the s when he developed the idea to protect witnesses. But the transition to a new life doesn't always come easily, he said. They can't communicate. They can't see each other.

The special measures which may be relevant for intimidated witnesses are: screening the witness from the accused; evidence by live link; evidence given in private. Section 17 of the YJCEA deals with intimidated witnesses and provides that special measures may be provided where the quality of evidence given by a witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.

In determining this, the court must take into account a number of factors. Witnesses to specified gun and knife crime offences are automatically eligible for special measures under section Special measures are not available as of right if a witness qualifies as an intimidated witness. When an application is made by the prosecutor on behalf of an eligible witness, the judge must consider a number of factors before making a decision.

The procedure for making an application for special measures is governed by CrimPR. The application must be in writing as soon as reasonably practicable and in any event no more than 20 business days after the defendant has pleaded not guilty in the Magistrates' Court or no more than 10 business days after the defendant has pleaded not guilty in the Crown Court.

As a consequence of the time frames imposed by the CrimPR witnesses cannot be offered any guarantees, prior to the making of the application, that special measures will be granted. Section 46 of the YJCEA enables courts to make a reporting direction in relation to adult witnesses which prohibits any matter relating to the witness to be included in any publication during the lifetime of the witness if it is likely to lead members of the public to identify the individual as a witness in criminal proceedings.

The power under section 46 can only be exercised on an application by the prosecution or defence. The court must apply a two stage test to determine whether a witness is eligible for this protection along much the same lines as an application for special measures for an adult under section 16 or section 17 of the YJCEA, namely:. Prosecutors should be sure that it is made clear to potentially eligible witnesses that this is not an anonymity provision and that, unless other relevant special measures are granted, those present in court will be able to see and hear the witness.

Part 6 of the CrimPR sets out the rules to be followed for applying for reporting restrictions. The victim in a case of rape or one of the sexual offences listed in the Act is entitled to 'anonymity' in the press.

Once an allegation of one of the relevant offences has been made, nothing can be published which is likely to lead members of the public to identify the victim. The offences listed in the Act include most offences under the Sexual Offences Act , part 1.

Section 11 of the Contempt of Court Act empowers the court to impose a permanent ban on the publication of any name or other matter in connection with the proceedings before it which it has allowed to be withheld from the public. The section complements the common-law power of a court, sitting in public, to receive a small part of the evidence such as the name or address of a witness in a form which is not communicated to the public. Current practice is that witnesses should not be required to disclose their address to the defence or in open court generally unless it is necessary e.

There are certain situations where proceedings can be heard in camera, i. Still, we can piece together how it works in general—and speculate a bit to fill in some gaps. Once a witness is relocated under an assumed name, their primary point of contact is a special U.

Though 95 percent of those relocated are criminals, only 10 percent re-offend, an admirably low recidivism rate. And despite what must be the stress of disappearing into a new life, the dropout rate is reputedly low, though one famous participant, Henry Hill of Goodfellas fame, was booted after seven years and went on to open a restaurant in West Haven, Connecticut—which, you may be unsurprised to learn, promptly burned to the ground.

So best, perhaps, to ask for Omaha and hope for Honolulu. Do you have unusual questions about how things work and why stuff happens? Victims of crimes committed by protected witnesses can be compensated for certain crimes as part of the Victims Compensation Fund, as provided by U.

Code Title 18, Section Department of Justice. Attorney General Robert F. Shur, who was a U. Attorney at the time, was involved in several cases in which the federal government protected witnesses who testified against organized crime. In , Sen. John L. McClellan of Arkansas introduced a large crime bill. Robert Blakely, a member of McClellan's staff, had drafted much of this bill. It says that the Attorney General can provide for the protection of witness in "whatever manner deemed most useful under the special circumstances of each case.

Although the law now provided for a program to protect witnesses, many details of the program and the day-to-day administration still had to be formulated. Shur suggested that the Marshals Service protect, hide and relocate witnesses and fund the program. This new Act provided for the protection of certain relatives and associates. The Comprehensive Crime Control Act of contains regulations and provides general information about the Witness Security Program, setting forth most of the current procedures by which a government attorney may apply for the services of the program in order to protect a witness from dangers that may be related to the witness's testimony.

Today, the Witness Security Program is essential to the prosecution of hundreds of cases. Without it, many witnesses would never come forward or would be killed if they did. With the protection provided by the program, witnesses can testify and then disappear when the trial is over, and the criminals they testify against are almost always convicted. To learn more about the U. Federal Witness Security Program and related topics, check out the links on the next page.

Sign up for our Newsletter! Mobile Newsletter banner close. Mobile Newsletter chat close. Mobile Newsletter chat dots. Mobile Newsletter chat avatar. Mobile Newsletter chat subscribe. Legal System. How Witness Protection Works. Courtesy United States Marshals Service. Contents Who's Eligible? Who's Eligible? Courtesy U. United States Marshals Service provides security, health, safety of non-incarcerated program participants U. Department of Justice: Office of Enforcement Operations OEO - authorizes the admission into the program of witnesses whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members or other major criminals Federal Bureau of Prisons BOP - maintains custody of incarcerated witnesses.

Any offense defined in Title 18, United States Code, Section 1 , which covers organized crime and racketeering Any drug trafficking offense described in Title 21, United States Code Any other serious, Federal felony for which a witness may provide testimony that may subject the witness to retaliation by violence or threats of violence Any State offense that is similar in nature to those set forth above Certain civil and administrative proceedings in which testimony given by a witness may place the safety of that witness in jeopardy.