The Perceived Effect of a Witness Security Program on Willingness to Testify

• Author: Mustafa Demir
• Date: 01 March 2018
• DOI: 10.1177/1057567717721298
• Published date: 01 March 2018
• Subject Matter: Articles

Article

The Perceived Effect of a

Witness Security Program

on Willingness to Testify

Mustafa Demir

1

Abstract

To encourage witnesses to testify, witness security programs have been established to protect

people who testify against offenders. Research on the impact of witness protection programs on the

willingness of people to testify, however, is scarce. To fill the gap, this research was conducted in

Turkey to investigate the perceived effect of a witness security program on witnesses’ willingness to

testify while controlling for sociodemographic variables, including gender, marital status, age,

employment, education level, economic status, and social status. The study used a self-administered

survey of 732 individuals who were either a victim of a crime or a witness to a crime. The findings

from the multivariate analysis showed that gender, social status, and employed had an impact on

willingness to testify. Specifically, the findings showed that being male, having middle- or upper-class

social status, and being unemployed increased the likelihood of willingness to testify. The other

variables were not statistically significant predictors of willingness to testify. These findings suggest

that a witness security program is an essential tool for increasing people’s willingness of testify and

ensure an effective investigation, prosecution, and adjudication.

Keywords

witness, witness security program, WITSEC, willingness to testify, testifying

Introduction

In criminal justice systems, witnesses play a crucial role in helping the police to apprehend

offenders and solve crimes and prosecutors and judges to try a defendant by revealing the facts

of a case. Witnesses are the ears and the eyes of criminal justice officials because they saw the

circumstances of the offense and how it was committed (Atayun, 2008). While tangible physical

evidence is important, a good eyewitness is just as helpful in a criminal trial (Earley & Shur, 2009).

A good eyewitness can secure a conviction (Earley & Shur, 2009). The perpetrators of drug deals,

gang violence, white-collar crime, and, more recently, international terrorism have been convicted

1

Criminal Justice Department, Plattsburgh, NY, USA

Corresponding Author:

Mustafa Demir, Criminal Justice Department, REDCAY Hall 166, SUNY at Plattsburgh, 101 Broad St, Plattsburgh,

NY 12901, USA.

Email: mdemi002@plattsburgh.edu

International CriminalJustice Review

2018, Vol. 28(1) 62-81

ª2017 Georgia State University

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DOI: 10.1177/1057567717721298

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because of the availability of witnesses (Earley & Shur, 2009). For instance, according to the U.S.

Department of Justice, 89%of the cases that r esulted in conviction were aided by a protecte d

witness’ testimony (U.S. Marshals Service talks WITSEC to the world, 2006). Therefore, witnesses

have a crucial role in criminal investigation, prosecution, and adjudication (Demir, 2010).

Although witness cooperation is vital for the successful investigation and prosecution of crimes,

many criminal justice systems find it difficult to get witnesses to cooperate (United Nations Office

on Drugs and Crime, 2016a) because of perceived or actual intimidation or threats against them or

their family members (United Nations Office on Drugs and Crime, 2016a). For example, many

people may feel anxious about testifying in court because they are unsure how their participation

may affect them (Dedel, 2006). While witnesses help criminal justice officials reveal the facts of a

crime, in some cases, witnesses may risk their lives by speaking up and may expose their loved ones

to intimidation, threats, retaliation, reprisal, and other harm by the perpetrators or their associates

(Pennsylvania Commission on Crime and Delinquency, 2007). Witnesses who testify against orga-

nized crime groups and terroris t organizations are more likely to be at high risk of retaliation

(Pennsylvania Commission on Crime and Delinquency, 2007). As a result, some witnesses may

be reluctant to cooperate with criminal justice officials. Some witnesses deny having information,

while other witnesses cooperate initially and later on stop doing so (Pennsylvania Commission on

Crime and Delinquency, 2007). Studies have shown, however, that the effective enforcement of laws

depends on public cooperation with and public support of the police (Tyler, 2005).

Witness reluctance is a serious problem because it has a significant impact on the investigation,

prosecution, and adjudication of terrorist activity, organized crime, and other serious offenses. The

reluctance of witnesses to step forth means that many cases are not cleared. It is essential, therefore,

that witnesses not be fearful of intimidation or retaliation because of their testimony in criminal

proceedings (United Nations Office on Drugs and Crime, 2008). Protecting witnesses and providing

for their safety is extremely important for maintaining justice.

Protecting witnesses and their immediate family members is an effective way to combat orga-

nized crime, terrorism, and other serious offenses (United Nations Office on Drugs and Crime,

2016b). In the United States, for example, witness security is believed to be one of the three essential

tools for combating organized crime along with federal wiretaps and use of the Racketeer Influenced

and Corrupt Organizations Act (Earley & Shur, 2009). Governments therefore need to take measures

to protect witnesses from harm.

Many efforts have been made to establish to increase willingness to testify by providing various

protection services for witnesses. One effective approach is the use of a witness security program

(WITSEC), also called Witness Protection Program (United Nations Office on Drugs and Crime,

2016b). All witness protection measures aim to encourage witnesses to cooperate with criminal

justice agencies and increase witnesses’ willingness to testify about serious offenses.

Although many attempts have been made and much money has been spent on efforts to protect

witnesses, research on the impact that WITSECs have on witnesses’ willingness to testify is scarce.

The purpose of this research is to investigate the perceived effect of WITSEC on witnesses’

willingness to testify in Turkey. In addition, while some research has been conducted on WITSECs

in the West, not much has been written about such programs in European countries (Cetin, 2010;

Montanino, 1987). This article is unique in that it focuses on Turkey where, in 2007, WITSEC was

established to protect witnesses and their immediate dependents whose lives are in danger as a result

of their testimony against drug traffickers, terrorists, organized crime members, and other major

criminals before, during, and after a trial (Witness Protection Act, 2007). The current study relies on

a self-administered survey of 732 individuals in Turkey and examines the effect of WITSEC on

witnesses’ willingness to testify against offenders while controlling for sociodemographic variables

including gender, marital status, age, employment, education level, economic status, and social

status. The results have important policy implications.

Demir 63