Behind The Veil: A Global Perspective On Witness Protection Programs

Abhilash Saikia, LLM (Criminal Law), Amity Institute of Advanced Legal Studies, Amity University, Noida

ABSTRACT

Witness protection programs play a crucial role in contemporary criminal justice systems, ensuring the safety and cooperation of witnesses, which is essential for the effective functioning of the legal process. Examination of witness protection schemes, covering their historical development, legal foundations, operational intricacies, challenges, and impact on the criminal justice system.

Challenges faced by witness protection programs, including budget constraints, resource limitations, witness intimidation, coordination issues, and legal complexities, are examined through case studies. The broader impact of witness protection on the criminal justice system, including its influence on witness cooperation and case outcomes, is evaluated.

A comparative analysis highlights best practices and lessons learned from international experiences, specifically focusing on witness protection programs in some notable countries. The research also scrutinizes witness protection in India, identifying key issues and challenges in the implementation of the Witness Protection Scheme, 2018.

The study underscores the crucial role of witness protection in combating crime, especially in cases involving organized criminal organizations. Most witness protection programs globally are managed by police forces and are legislatively based, tailoring protective measures to the level of risk faced by witnesses.

The report emphasizes the need for improved oversight, evaluation, and protection of witness interests across jurisdictions. Additionally, it points out the scarcity of public, credible research on witness intimidation and failed prosecutions resulting from witness suppression. Recommendations include the establishment of standard performance indicators for witness protection programs and a review of existing threat assessment practices.

This paper also provides a comprehensive understanding of witness protection schemes but also underscores their critical role in the criminal justice system. It emphasizes the continuous need for enhancements to ensure witness safety, cooperation, and the integrity of the justice system. Witness protection is recognized as an indispensable tool in the fight against crime and in safeguarding the foundations of justice.

Keywords: Witness protection programs, Safety and cooperation of witnesses, Legal process