NCJ Number
27640
Journal
NOTRE DAME LAWYER Volume: 48 Dated: (DECEMBER 1972) Pages: 386-427
Date Published
1972
Length
42 pages
Annotation
CRITICAL OVERVIEW OF THE ILL TREATMENT OF AND GENERAL LACK OF RESPECT AND DISREGARD FOR THE RIGHTS OF PROSECUTION WITNESSES EXISTENT IN THE JUDICIAL PROCESS AND EVERYDAY TRIAL COURT PROCEDURES.
Abstract
AREAS CITED INCLUDE THE LOW OR NONEXISTENT FEES ALLOTTED TO WITNESSES, REPEATED SUMMONSES TO APPEAR PLUS LONG HOURS (OR DAYS) SPENT IN COURTROOMS AND COURTHOUSE LOUNGES DUE TO TRIAL COURT DELAYS AND CONTINUANCES, DELIBERATE DEFENSE ATTORNEY TACTICS AIMED AT 'WEARING OUT' PROSECUTION WITNESSES, AND CRIMINAL SANCTIONS FOR FAILURE TO APPEAR IN COURT OR TO TESTIFY. THE AUTHOR SUGGESTS THE FOLLOWING REFORMS IN THE HANDLING OF WITNESSES: CRIMINAL JUSTICE RESEARCH TO OBTAIN HARD DATA ON THE AVERAGE NUMBER OF REQUIRED APPEARANCES PER WITNESS, WITNESS ATTITUDES AND THE IMPACT OF THESE ATTITUDES ON PROSECUTION, COOPERATION WITH LAW ENFORCEMENT, AND GENERAL CRIME PREVENTION AND DETERRENCE, AND WITNESS DISAFFECTION. SPECIFIC PROPOSALS FOR IMPROVEMENT INCLUDE THE ESTABLISHMENT OF WITNESS' APPEARANCE-CONTROL PROJECTS, WITNESS LIAISON AND SUPPORT SQUADS, EARLY CASE SCREENING AND DIVERSIONARY DEVICES, FORMALIZED MANDATORY PRETRIAL CONFERENCES AND 'ONE SHOT/ FISH OR CUT BAIT' PLEA BARGAINING, JUSTLY COMPENSATORY WITNESS FEES, AND COURT STUDIES OF WITNESS COMFORT AND CONVENIENCE WITH COURT OPERATIONS. IT IS ALSO SUGGESTED THAT SUPREME COURT DECISIONS WHICH HAVE MADE CRIMINAL PROCEDURE SIGNIFICANTLY MORE COMPLEX SHOULD BE RETHOUGHT, TAKING INTO CONSIDERATION THE INTERESTS OF THE WITNESS AS WELL AS THE RIGHTS OF DEFENDANTS.