2 CHAPTER 1-5 FOR CRITIC 3.docx - 1 Chapter I Problem and...

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Chapter I
Problem and Its Background
“ The public good is in
nothing more essentially
interested than in protection
of every individual’s private
rights ”
-William Blackstone (1780)-
Introduction
What is witness protection? What are its main elements? How is it used to
strengthen criminal investigations and prosecutions?

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Witness protection first came into prominence in the United States of America, in
the 1970s, as a legally sanctioned procedure to be used in conjunction with a program for
dismantling Mafia-style criminal organizations. Until that time, the unwritten “code of
silence” among members of the Mafia – known as omertà – held unchallenged sway,
threatening death to anyone who broke ranks and cooperated with the police. Important
witnesses could not be persuaded to testify for the state and key witnesses were lost to the
concerted efforts of crime bosses targeted for prosecution. That early experience
convinced the United States Department of Justice that a program for the protection of
witnesses had to be instituted.
A witness is a crucial support in the dispensation of justice in any civilized
society. Nowadays we hear a lot of squabbles about unceremonious dismissals or
acquittals in sensational criminal cases. One of the reasons for this acquittal is the lack of
or recantation/desistance of witnesses. A witness happens to be the eyes and ears of the
court. The information provided by victims and witnesses aids in the identification and
arrest of the suspect. The role of witnesses and the evidence they provide in criminal
proceedings are crucial in prosecuting and securing the conviction of offenders.
Conversely, a person witnessing a crime usually experienced trauma. During the
course of investigation the witness may suffer harassment and threats from the accused.
He or his relatives and loved ones are open to the risk of being threatened, abducted,
maimed or even bribed. For all these reasons, a person is reluctant in becoming a witness.
Most witnesses are indisposed to testify because of the very poor support system
provided by the government, particularly the financial support given to the witnesses’
families. The amount the witness receives, once admitted to the program, is very low