The charter also regulates the treatment of witnesses by criminal justice agencies and lawyers, if witnesses are asked to provide evidence for prosecution or defense in court. The charter provides guidance that helps and supports every witness to know their rights at every stage of the process from all criminal justice institutions.
When becoming a witness, each witness is first explained about what services can be provided and what they can request. Law enforcement is also required to explain what is required of the witness and therefore provide certain treatment.
The witness protection stipulated in the witness charter applies to all witnesses. If the witness is also a victim, then in their capacity as a victim they have rights regulated in the Code of Protection for Victims of Crime.
In the introduction to the Witness Charter, it is explained that there may be constraints that affect institutions in providing services as regulated in the charter. Thus, the services provided to witnesses depend on the readiness and ability of law enforcement agencies.
Regulations on Witness and Victim Protection in the United States
In the United States, the protection provided to a witness can be carried out for witnesses under the protection and supervision of the Bureau of Prison and US Marshal Service. The Bureau of Prison is authorized to supervise and regulate the approval of witness protection applications.
Meanwhile, the US Marshal Service is authorized to assess witnesses who will enter the protection program. However, there are also witnesses who submit applications first in order to be included in the witness protection program, then their connection with the criminal act being investigated by the Prosecutor in the United States is examined.
Several states such as Arizona, Connecticut, and California have laws regarding victim protection, but in practice they are not effective. This is because, in practice, the presence of victims in all stages of the trial takes up a lot of time and expensive costs.
For most victims, this will result in the loss of many opportunities and in the court process, the perpetrators will definitely try to ask for the lightest possible punishment or fine. Thus, an idea of informal settlement involving all participants to resolve cases of crime victims called the “plea conference” is proposed.
The Organized Crime Control Act authorizes the Attorney General of the United States to provide security to witnesses who wish to cooperate by providing testimony in cases involving organized crime and other forms of serious crime. Based on the Attorney General's authority, the Witness Security Program (WITSEC) must ensure the physical safety of witnesses at risk through placement in new and secret residences with changes to names and new identity details.
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