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REDUCING VICTIM/WITNESS INTIMIDATION: A PACKAGE

NCJ Number
65204
Author(s)
ANON
Date Published
1981
Length
51 pages
Annotation

INTIMIDATION HAS BEEN RECOGNIZED AS A CRIME OF SUFFICIENT IMPORTANCE TO REQUIRE LEGISLATION AND ACTION MEASURES AT ALL LEVELS OF THE CRIMINAL JUSTICE COMMUNITY. AMERICAN BAR ASSOCIATION RECOMMENDATIONS TO THIS END ARE CITED.

Abstract

INTIMIDATION OF VICTIMS AND WITNESSES OF CRIME IS A UNIQUE PROBLEM: IT IS THE ONE CRIME IN WHICH ONLY UNSUCCESSFUL ATTEMPTS ARE REPORTED, AND IT IS A CRIME WHICH INHERENTLY THWARTS THE PROCESSES OF THE JUSTICE SYSTEM ITSELF. EXISTING STATE STATUTES ARE INADEQUATE TO DEAL WITH INTIMIDATION, AS ARE PROCEDURES USED BY LAW ENFORCEMENT AND PROSECUTORS. INTIMIDATION TAKES THREE GENERAL FORMS: (1) THREAT BY THE CRIME PERPETRATOR TO 'GET' THE VICTIM, HIS FAMILY, OR PROPERTY IF THE POLICE ARE CALLED; (2) CULTURAL INTIMIDATION, PREVALENT IN URBAN SUBCULTURES, WHEN NEIGHBORS AND FAMILY DETER A WITNESS FROM SEEKING REDRESS THROUGH OFFICIAL MECHANISMS; (3) PERCEIVED INTIMIDATION, IN WHICH NO REAL THREAT IS MADE, BUT POTENTIAL VICTIMS ARE HAUNTED BY FEAR OF ATTACK. THE AMERICAN BAR ASSOCIATION (ABA) RECOMMENDATIONS GREW OUT OF HEARINGS HELD WITH PARTICIPANTS FROM THE FULL RANGE OF INVOLVED PROFESSIONS AS WELL AS WITH VICTIMS. THE EXTENSIVE RECOMMENDATIONS PRESENTED INCLUDE SUPPORTIVE COMMENTARY ADDRESSED TO THE AREAS OF LEGISLATION, LAW ENFORCEMENT, PROSECUTION, COURTS, COMMUNITY GROUPS, AND THE ORGANIZED BAR. IN ADDITION, A MODEL STATUTE PROPOSES CHANGES IN THE FELONY AND MISDEMEANOR GRADING PROVISIONS AND PROMOTES LEGISLATIVE COVERAGE OF PROSECUTION AND DEFENSE WITNESSES AND COURT PROCEDURES. THE APPENDIXES PROVIDE A LIST OF THE HEARING WITNESSES AND PANEL MEMBERS AND A COPY OF THE ABA CRIMINAL JUSTICE SECTION COMMITTEE ON VICTIMS' ORIGINAL RECOMMENDATION PACKAGE. (MRK)