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User:Kpetrosillo/United States Federal Witness Protection Program

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U.S. Marshals do a drill of guarding a protected witness

The United States Federal Witness Protection Program (WPP),[1] also known as the Witness Security Program or WITSEC,[2] is a witness protection program codified through 18 U.S. Code § 3521 and administered by the United States Department of Justice. The Department of Justice handles numerous different programs in addition to WITSEC. These programs include but are not limited to the U.S Parole Commission, the Civil Rights Division, and also the Bureau of Prisons.[3] The original program was authorized by the Organized Crime Control Act of 1970 and then later amended by the Comprehensive Crime Control Act of 1984. [4] These acts were amended in order to cover certain loopholes found in the previous bills. Some of these amended issues included bail, sentencing reform, plead for insanity, and also penalties for drug law offenses.[5] This program is operated by the United States Marshals Service which is designed to protect threatened witnesses before, during, and after a trial. There are two levels of protection programs that exist which are the state and federal programs in addition to the Emergency Assistance Witness Program.The security, safety, and health of these witnesses and their family members are provided for by these programs when the witnesses have an association with the government. [4]

History

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The WITSEC program was formally established under Title V of the Organized Crime Control Act of 1970. Title V states that the United States Attorney General may provide for the relocation and protection of a witness and/or potential witness of the federal or state government in an official proceeding concerning organized crime or other serious offenses. See 18 U.S.C.A 3521, et seq. The federal government also gives grants to the states to enable them to provide similar services.

WITSEC was originally created as the Federal Witness Protection Program in the mid-1960s by Gerald Shur, when he was Attorney in Charge of the Intelligence and Special Services Unit of the Organized Crime and Racketeering Section of the United States Department of Justice.[6] Most witnesses are protected by the United States Marshals Service under the Department of Justice, while the protection of incarcerated witnesses is the duty of the Federal Bureau of Prisons.

This program is very secretive in order to continue the safety of it's participants. The leaking or sharing of information on these participants is taken very seriously. Former decorated federal law enforcement officer John Thomas Ambrose was convicted in 2009 of leaking information about a federal witness in the Witness Protection Program to Chicago Outfit hitman Nicholas Calabrese and other members of Chicago organized crime.[7][8][9][10]

From the WITSEC program, the Emergency Witness Assistance Program was created in 1997 for temporary protection for witnesses with federal government association. EWAP came into existence for "the need for immediate, non-protective, short-duration witness assistance not available through the Witness Security Program and the Short-Term Protection Program."[11] Further information on the Emergency Assistance Witness program is down below.

Operations

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A handful of states – California, Connecticut, Illinois, New York, Texas, and Virginia– and Washington, D.C., have their own witness protection programs for crimes not covered by the federal program. There is, however, a benefit to the federal vs. the individual state WITSEC programs. The federal government Marshal Service provides payments on average of about $60,000 to participants in the program, while also assisting them with house hunting and also stable jobs under their new identity. [12] On the other hand, the state-run programs provide less extensive protections than the federal program, in part because state governments lack the ability to issue federal documents, such as social security cards, verifying the new identity of protected witnesses.[13][14] There are many positives and negatives to the different programs, all dependent on what's necessary and required as opposed to what might not be necessary. It is more common that program members will participate in the federal program, especially when those members are convicted felons due to the amplified risk of violence towards those witnesses.

There are two main types of witnesses that can be eligible for this program, "fact witnesses" and "expert witnesses." The first being a witness who provides facts and/or personal knowledge to the case. Often times these witnesses were present at the scene. Not all witnesses need to be at the crime to be a witness. The other type of witness, the "expert witness" are those who can provide technical or scientific testimony. Both witnesses will be compensated based on negotiations with a Federal Government Attorney. [15]

As of 2020, approximately 19,000 witnesses and family members have been protected by the U.S. Marshals Service since the program began in 1971.[16] Since then, a new number of witnesses has not yet been released, however, there has been a 100% success rate to this program and no witness has ever died in WITSEC.[17]

According to Gerald Shur, who created the federal program, about 95% of witnesses in the program are "criminals". They may be intentional criminals, or people who are doing business with criminals, such as one engineer who bought off a mayor "'because that's how you do business in the city.' In his mind, he wasn't doing anything criminal," as Shur said. A witness who agrees to testify for the prosecution is generally eligible to join the program, which is entirely voluntary. Witnesses are permitted to leave the program and return to their original identities at any time, although this is discouraged by administrators.[18]

In both criminal and civil matters involving protected witnesses, the U.S. Marshals cooperate fully with local law enforcement and court authorities to bring witnesses to justice or to have them fulfill their legal responsibilities.[19]

Recidivism

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Recidivism is described as a person's relapse into the criminal justice system without a new sentence within a three year period. There have been many research studies on the chances of an already convicted criminal re-entering the system.[20] As stated previously, about 95% of witnesses in WITSEC are already criminals, therefore recidivism is very crucial to understanding both perspectives of the criminal and the witness. Fewer than 17% of protected witnesses who have committed crimes are caught committing other crimes.[21]

Emergency Witness Assistance Program

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The process of entering the Witness Protection Program is one that could be prolonged for numerous reasons. It is not always as quick as one would hope. There are times where certain witnesses are in great need of being put into protection and as soon as possible. The Emergency Witness Assistance Program, created in 1997, allows for witnesses who may choose not to testify due to threats surrounding the litigation, similar to the Witness Protection Program. The difference being the time it takes to receive protection and also the participation time in the emergency program is limited to a 30 day period. This Emergency Witness Assistance Program is not as permanent to is co-program but still provides things such as housing, transportation, subsistence payments, and also child/elder care. [15]

See also

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References

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  1. ^ "Federal Witness Protection Program: Its Evolution and Continuing Growing Pains (NCJRS abstract)". Retrieved August 12, 2020.
  2. ^ "U.S. Marshals Service". United States Marshals Service. Retrieved July 3, 2019.
  3. ^ "U.S. Department of Justice | USAGov". www.usa.gov. Retrieved 2023-03-21.
  4. ^ a b Rateshtari, Roya (2020-08-03). "Witness Security | U.S. Marshals Service". www.usmarshals.gov. Retrieved 2023-03-14.
  5. ^ "Comprehensive Crime Control Act of 1984 | Office of Justice Programs". www.ojp.gov. Retrieved 2023-03-21.
  6. ^ Earley, Pete & Shur, Gerald (2002). WITSEC: Inside the Federal Witness Protection Program. Bantam Books. ISBN 0-553-80145-7.[page needed]
  7. ^ Gouldie, Chuck (April 13, 2009). "Trial begins for deputy accused of leaking secrets". WLS-TV. Chicago. Retrieved July 3, 2019.
  8. ^ "Pope Recovering in Hospital; Task Force Hunts Down Fugitives; Oscar Nominees Diverse This Year". CNN. February 25, 2005. Retrieved July 3, 2019.
  9. ^ Lutz, BJ (July 14, 2009). "Deputy Marshal Guilty of Leaking Info to Mob". Chicago: WMAQ-TV. Retrieved July 3, 2019.
  10. ^ "Marshal's mob-leak trial loses a juror". Chicago Sun-Times. April 28, 2009. Archived from the original on May 2, 2009.
  11. ^ "Introduction". oig.justice.gov. Retrieved 2023-03-28.
  12. ^ "How Witness Protection Works". HowStuffWorks. 2005-05-06. Retrieved 2023-03-21.
  13. ^ "California Witness Relocation and Assistance Program". California Department of Justice. February 15, 2012. Retrieved July 3, 2019.
  14. ^ Glaberson, William (July 6, 2003). "'Lie or Die'—Aftermath of a Murder; Justice, Safety and the System: A Witness Is Slain in Brooklyn". The New York Times. Retrieved July 3, 2019.
  15. ^ a b "Fees and Expenses of Witness" (PDF). February 2, 2018.
  16. ^ "U.S. Marshals Service Fact Sheet - Facts and Figures" (PDF). U.S. Marshals Service. May 18, 2020. Archived (PDF) from the original on May 18, 2020. Retrieved May 18, 2020.
  17. ^ "23 Facts About the Witness Protection Program". Mental Floss. 2021-12-15. Retrieved 2023-03-21.
  18. ^ Falcon, Gabriel (February 16, 2013). "Inside the witness protection program". CNN. Retrieved July 3, 2019.
  19. ^ "U.S. Marshals Service". United States Marshals Service. Retrieved July 3, 2019.
  20. ^ "Recidivism". National Institute of Justice. Retrieved 2023-03-21.
  21. ^ Bonsor, Kevin (May 6, 2005). "How Witness Protection Works". HowStuffWorks.com. Retrieved July 3, 2019.
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