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NCJRS Abstract

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NCJ Number: 90119 Find in a Library
Title: Statement of James I K Knapp, Deputy Assistant Attorney General, Criminal Division Before the House Subcommittee on Courts, Civil Liberties and the Administration of Justice Concerning the Witness Security Program on June 22, 1983
Author(s): J I K Knapp
Corporate Author: US Dept of Justice
United States of America
Date Published: 1983
Page Count: 12
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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US Dept of Justice
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Sale Source: National Institute of Justice/
NCJRS paper reproduction
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United States of America

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United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: The testimony supports the general thrust of H.R. 3086, a bill entitled United States Marshals Service and Witness Security Reform Act of 1983, but three significant revisions are offered.
Abstract: The modifications recommended deal with Title I of H.R. 3086, which focuses on the Witness Security Program. The proposed revisions address (1) the contract-like language in Section 3521(d)(1)(a), (2) the delegation provisions which omit reference to the Director and Associate Director of the Office of Enforcement Operations, and (3) the provisions for judicially ordered disclosure of a witness' new identity and relocation jurisdiction. Section 3521(d)(1)(a) is a departure from the language presently contained in the Memorandum of Understanding, which states that the memorandum is not a contract or an agreement to provide protection or maintenance assistance to the witness in return for testimony. This emphasizes that there is not an exchange of money for testimony. There is objection to the provision in the bill requiring that either the Attorney General, the Associate Attorney General, or Assistant Attorney General, Criminal Division, sign the agreement; it is appropriate for a representative of the Marshals Service to sign the document. Objection is also offered to Section 3521(d)(3), which omits from the delegation to approve applications for the program the Director and Associate Director of the Office of Enforcement Operations, Criminal Division, who currently exercise the authority to perform this function. Section 3521(f)(2) provides for judicial review of the Attorney General's decision about whether to disclose a witness' new identity and relocation jurisdiction to a creditor having a cause for civil action against the witness. An unwarranted judicial decision could needlessly endanger a witness' life.
Index Term(s): US Marshals Service; Witness protection
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