American witness protection system

The witness protection system in the United States is called "Marshall Plan" because its executive office is called Marshall Office. The purpose of this project is to provide safe and healthy services for government witnesses, who are the people on whom the government depends. It is because of their testimony in court that major criminals such as drug trafficking, terrorist activities and organized crime can be punished and put in danger. Today, witness protection is an indispensable part of the prosecution procedure. Without this part, many witnesses will not appear in court or be killed. "Without it, the witness will disappear after the trial."

I. Implementation of the witness protection project

The federal witness protection project began with 1960, Witness Protection in Combating Organized Crime. It was founded by Gerald Shur, who was working in the Organized Crime and Fraud Division of the Federal Bureau of Justice. At that time, Sur was the attorney general of the United States, and he faced the protection of several witnesses who were about to testify in organized crime charges. These witnesses are Joseph Varach, Joseph Barboza and Larry Gallo. Later, in 1969, Senator John.L.McClellan of Arkansas introduced a large number of draft criminal laws on this issue. Finally, G.Robert.Blakely Blakely introduced his thoughts into the draft witness protection law according to Sur's works. Sur 1995 retired and is still alive. Not long ago, he also commented: "The witness protection project has proved to be flexible and effective."

After the theoretical work is completed, the effective legal document that finally stipulates the witness protection system is the Organized Crime Control Law of 1970. "Witness protection project" is the fifth part of the law, entitled "Government witness protection measures". It outlines the basic principles of the witness protection project. The law points out that the attorney general can "provide protection for witnesses by all useful methods according to the specific circumstances of each case", and the law determines a very wide range of witnesses to which the witness protection law applies. Although the specific content is still being revised, American academic and legal circles still believe that it was really Sur who founded Marshall Plan, which later evolved into the famous federal witness protection project WITSEC.

About 15 years later, the power of the attorney general was expanded by 1984 comprehensive crime control law. The new law also provides protection for some relatives and social relations of witnesses. This law includes the main contents of the witness protection law implemented today and stipulates the specific procedures that the attorney general should adapt to when providing witness protection (see U.S.C.A. 352 1). Since the beginning of the Marshall Project, more than 7,500 witnesses and 9,500 family members have entered the project arrangement and been protected, and the Marshall Project Office has rearranged their residences and issued new identity documents.

The successful operation of this project provides a unique and valuable tool for the government to crack down on the main criminals in organized crime and conspiracy (through the tainted witness system), and the conviction rate of protected witnesses in court reaches 89%. Among the witnesses, 17% were successfully detained or charged after the completion of the project. Witnesses who have not yet received project guidance have been hurt under the protection of Marshall Project.

Second, the main contents of the witness protection project

At present, the content of the federal witness protection law in the United States is embodied in Chapter 9-2 1 of the United States Code (Chapter 9-2 1 of USAM) revised in June, 1997, with 30 articles in total, which specifies in detail the object of witness protection, approval procedures, protection measures, rights and obligations of protected witnesses, etc.

(A) the object of protection

Witness protection is only provided to those who are sure to testify in court to ensure the success of public prosecution and the life of witnesses or their families is in danger. The witness's testimony must be considered reliable and will certainly appear. In criminal cases, the scope of crimes involved in criminal proceedings targeted by witness protection includes: organized crime and fraud crime; Crime of drug dealing under Chapter 2 1 of the United States Code; Any federal felony in which the witness may be subjected to violence or threats; Any crime of a similar nature to the above-mentioned crime as stipulated in the state legislation. In addition, some civil and administrative procedures that may put witnesses in danger can also implement witness protection projects.

(2) examination and approval procedures

There are four institutions responsible for witness safety projects: the Federal Marshall Office-responsible for the safety and health of witnesses; Executive Committee of the Ministry of Justice-responsible for confirming the entry of witnesses into the project; Federal prison service-supervision of people who are forced to testify. The Federal Attorney General's Office gives final approval and confirmation to specific cases entering the project.

The final decision on whether to include witnesses in the protection project lies with the attorney general. This decision was made on the recommendation of the specially appointed prosecutor in charge of federal cases, and the decision of state court cases was made on the recommendation of the state attorney general to the appropriate federal prosecutor's office. When the state or federal agency responsible for implementing the project submitted an application to the Office of Equal Opportunities (OEO), the project began. The application briefly described the threats and dangers faced by witnesses and requested that the witnesses be transferred to a new community. Then, the OEO conducts a preliminary review to decide what methods to use to protect witnesses. It can also be reviewed with the prosecutor and the executive board. A copy and a risk assessment report should be provided when applying. After the initial review, Marshall's office decides whether to approve or not, and if so, it will be reviewed by OEO.

The final decision is made by the US Attorney General, who should consider the following factors when making a written evaluation decision: criminal record, whether there are substitute witnesses, and whether there are alternative measures other than protective measures. OEO requires the headquarters of the Attorney General's Office to stipulate that witnesses and their family members must sign a memorandum of understanding to confirm that they understand the rules of the project. The settlement project is just the beginning, and then Marshall's office will make a new ID card and find a new city for the witnesses to settle down.

(3) Protective measures

The main method of witness protection project is to design an anonymous identity for witnesses and help them live in a new city that will not be recognized. In the United States, there are 280 million people and thousands of cities that can hide witnesses. After the acceptance of the project, Marshall's office began to make new identity cards and find a place to live for witnesses, their relatives and other people with social relations, which required multi-sectoral cooperation, careful project and strict confidentiality.

After being confirmed by Marshall's office, the protected person immediately enters the new residence and stays in a temporary safe place first. After the witness enters the new community, his previous criminal behavior can not be ignored. Marshall's office usually informs local law enforcement agencies about the performance and criminal history of witnesses. They can conduct drug and alcohol tests to ensure the success of the testimony plan.

In return, the protected person can get: providing reasonable job opportunities, helping to find housing, providing an average of $60,000 in financial support, providing information on the change of identity of witnesses and their family members, and providing psychologists, ethical consultants and social workers when necessary. For the new name, the witness can choose. Usually, a witness can keep his last name and initials. Renaming is decided by the court just like ordinary people, but the records are sealed and not made public. In addition, during the implementation of the project, Marshall's office also provides 24-hour protection for high-risk situations, including pre-trial procedures and court appearance procedures.

New life: The important content of Marshall Plan is to help witnesses integrate into the new community, stand on their own feet, and link with safe employment. The government has helped many witnesses in the witness program from the beginning, not to mention that some of them are criminals. After the settlement, the government helped to find a job and the financial support ended. If they wish, witnesses can choose the work of government agencies.

The victim of witness infringement can obtain the "victim compensation fund" stipulated in Part 3525 of Chapter 18 of the United States Code according to the crime situation. This fund is managed by OEO, including medical expenses, funeral expenses and loss of income.

(3) Obligations of witnesses

The obligations of the witness are:

Testify. The ultimate goal of the protection project is of course to protect the safety of witnesses so that they can testify in court and prove the crime. Therefore, the most dangerous thing is that the security measures for testifying in court will be maximized, and sometimes even witnesses will be transported by mail, helicopter and fishing boat. In this case, even the police loaded with armored vehicles are involved in escorting witnesses. Even if it is later proved that they are not witnesses in the trial, the witnesses should be protected once the project is completed. This method can also be used to protect prosecutors. Since the implementation of the 1970 project, the guilty rate of protected witnesses has reached 89%, and more than 10000 criminals have been convicted.

Marshall plan is not gambling, and it doesn't mean to forgive all debts. Before the implementation of the project, the witness shall pay off the debts or perform other obligations, and provide information on child custody.

Obey the law. The requirements for witnessing performance shall be notified 10 days in advance through Marshall's office or OEO. Prosecutors or law enforcement officials can meet witnesses in the middle area determined by Marshall's office; Witnesses in custody can meet at designated federal prisons. After the trial, the witness and his family started a new life.

Supervision. Protected witnesses are sometimes tainted witnesses who have committed their own crimes. This situation accounts for 17% of the whole witness protection project. However, this situation only refers to those who have not been convicted, accounting for 60% of all those who have not been convicted and released on bail. The federal investigation department will cooperate with the state authorities to ensure the safety of witnesses who are detained or sentenced to prison. If the state authorities fail to do this, the OEO will review the witness's case and the federal prison will take over the supervision of the witness.

Keep it secret. An important rule of the protection project is that witnesses cannot contact unprotected relatives or family members, nor can they resist the place where they lived in the past. During the implementation of Marshall Plan, none of the witnesses who followed this rule died. Once they are integrated into the community, they only need to contact the government once a year. If witnesses want to move away, they should contact the government, and any contact can only be made through OEO or Marshall's office.

Third, the challenges faced by witness protection projects.

In the new era, due to the rising crime rate and the complexity of crime, effective witness protection projects are also facing new challenges. First of all, Marshall project staff have low income and unstable jobs, but they have to bear strict confidentiality responsibilities. At present, Marshall's office has been asked by the government to lay off staff. In the past eight years, the number of people in charge of witness protection projects has decreased by 25%, but the number of witnesses and their families who need protection has increased by 12%, so the quality of protection will decline. By 2006, 17700 people will enter the protection project. Whether the witness protection project can continue to be challenged.

In 2003, Brenda Paz, a witness who helped the government accuse the crime, was killed within two months after giving up government protection. Now members of MS- 13, including her ex-boyfriend, are accused of killing her. In addition, in one case, two former witnesses were placed in one place, and Marshall's office had to relocate one of them. How to deal with this is a problem. At the beginning of this year, the Massachusetts legislature has proposed a state witness protection plan to make up for the shortcomings of the federal witness protection plan. If passed, it will allocate $200,000 to better protect witnesses and reduce the violence and threats of gangsters.

Another problem faced by the witness protection project is how to protect foreign witnesses. The witness program is more open to triad members. Today, a large number of witnesses are against organized criminals with higher organizational procedures and greater risks. This makes it more difficult to hide witnesses, especially when identifying foreign terrorist organizations. Because foreign witnesses need more information from the customs and immigration bureau, unless the immigration conditions are met and the necessary information is provided to Marshall's office, illegal immigrants cannot be arranged to settle down. In addition, once you enter the project, you will also face the adjustment of culture and habits, which is a problem that domestic witnesses do not have.