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THE PROTECTION OF WITNESSES

Gregory Lacko

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CHECKLIST

Summary of the main questions to be considered
when establishing a witness protection program


NEED

Are there certain types of crime that are being targeted?
Can a witness protection program satisfactorily contribute to the fight against these types of crime?
Are there other means through which witnesses can be protected?

ORGANISATION
AND OPERATION
 
Legal status

Should the program be created by legislation or by some other means?

Administration

Should the program be administered :
- by an existing law enforcement agency?
- by a new agency created specifically for this purpose?
What training should witness protection personnel receive?
Is there a need for a network of contacts in other governmental agencies to help facilitate the protection of witnesses?
Can such a network of contacts be established and remain confidential?

Financial resources

What should be the level of funding?
Who should provide the necessary financial resources?

Admission

Who should be eligible or ineligible for the program?
What factors should be considered when evaluating a candidate for the program?
How early in the investigation process should witness protection issues be considered?
Who should be responsible for assessing candidates for the program?
Who makes the final decision on admission to the program?
Should the final decision be subject to appeal?

Benefits

What should be the extent of the benefits granted under the program?

Obligations

What should the obligations of the protecting agency and the witness be?
Should these obligations be in writing and signed by both parties?

Protection

What forms of protection should be available?
What should the duration of the protection be?
Should protection be possible for foreign nationals?
How can protection be terminated?

Security Should any aspect of the program be public knowledge?
Should there be penalties for those who compromise the security of a protected witness or the integrity of the program?

 

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