Witness intimidation
Encyclopedia
Witness intimidation involves witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...

es crucial to court proceedings being threatened in order to pressure or extort
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...

 them not to testify
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...

. The refusal of key witnesses to testify commonly renders a case with inadequate physical evidence void in a court of law. This is a significant problem that has many lawmakers considering tough penalties for intimidating a witness; in the state of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...

, it is a criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

 misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

, or, if found to be aggravated
Aggravation (legal concept)
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...

, a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

.

In the United Kingdom, witness intimidation is covered by Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...

, section 51. Under this act it is an offence to perform an act which is intended to and does intimidate a person who the offender knows or believes to be involved with a criminal case with the intention of disturbing the proceedings.

In situations where intimidation or retaliation against witnesses is likely (such as cases involving organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...

), witnesses may be placed in witness protection
Witness protection
Witness protection is protection of a threatened witness or any person involved in the justice system, including defendants and other clients, before, during and after a trial, usually by police...

 to prevent suspects or their colleagues intimidating them.

See also

  • Informant
    Informant
    An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...

  • Intimidation
    Intimidation
    Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...

  • Stop Snitchin'
    Stop Snitchin'
    Stop Snitchin' refers to a controversial 2004 campaign launched in Baltimore, United States to persuade criminal informants to stop "snitching," or informing, to law enforcement...

  • United States Federal Witness Protection Program
    United States Federal Witness Protection Program
    The United States Federal Witness Protection Program is a witness protection program administered by the United States Department of Justice and operated by the United States Marshals Service that is designed to protect threatened witnesses before, during, and after a trial.A few states, including...

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