NCJ Number
172602
Journal
European Journal of Crime Volume: iminal Law and Criminal Justice Issue: Dated: Pages: 1 (1997)-26
Date Published
1997
Length
25 pages
Annotation
This article discusses the role of and laws related to the use of the "cooperating" witness ("crown witness") in European countries, with attention to the fight against three types of crime: terrorism, drug crime, and organized crime.
Abstract
Since the end of the 1970s, law enforcement agencies in a number of European countries have made deals with criminals to gain their testimony against central figures in terrorist, drug- related, and organized-crime enterprises. Such a witness, known as the crown witness, has various names in foreign legal systems. In the Netherlands and in Germany, such witnesses are called the "kroongetuige" and "Kronzeuge"; in Italy this witness was once called "pentito" and is now called "collaboratore della giustizia"; the witness is known in Great Britain as "supergrass," and in France as "repenti." The crown witness is apparently most effective when a criminal organization cannot be investigated with usual methods because of its international branches, foreign composition, and closed structure. The crown witness has been part of the organization, knows its structure, and is well- informed about the methods used by the organization. Such a witness can be helpful in obtaining the evidence necessary to bring the leaders of a criminal organization to justice. This article reviews how the crown witness is typically used in countering terrorism, drug trafficking, and organized crime. Legislation in various European countries that bears on the use of the crown witness is reviewed. The author notes that the mandated regulation of the use of crown witnesses is necessary to guide prosecutorial decision-making and the court's management of such witnesses. 111 footnotes