Anaya Nolan
In the 16th episode of the 14th season of the TV series Law & Order, titled Can I Get a Witness?, a young Black male, Henry Ware, also known as Big Boy, is shot and killed in a park in Harlem. The episode explores the challenges of obtaining witness testimony and evidence in a timely manner, as the witnesses are threatened and one is murdered. The episode also delves into the process of investigating, arresting, and prosecuting the criminals involved, with the first half focusing on police procedures and the second half on the district attorney's efforts.
| Characteristics | Values |
|---|---|
| Episode Number | Season 14, Episode 16 |
| Episode Name | Can I Get a Witness? |
| Episode Air Date | February 25, 2004 |
| Episode Runtime | 1 hour |
| Episode Description | A boy, Henry Ware, also known as "Big Boy", is shot and killed in a park in front of multiple witnesses by a man on a bicycle. The witnesses are threatened and one is killed. The murderer, Foster Keyes, is found through an eye center since he had a glass eye. |
| Witness Subpoena | A subpoena to appear as a witness is a court order and must be obeyed. Failure to appear in court in response to a subpoena could place you in contempt of court. |
| Witness Statement | A witness statement can be submitted as evidence to support a claim. The witness may also be required to appear in court and present the evidence under oath. |
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Witness intimidation
The issue of witness intimidation has been addressed through legislation such as the Victim and Witness Protection Act of 1982 (VWPA) in the United States. Section 1512 of this act specifically targets witness tampering, which includes intimidation tactics. This legislation recognizes the importance of protecting witnesses and ensuring their cooperation in criminal proceedings.
In England and Wales, witness intimidation is considered a form of perverting the course of justice. The Criminal Justice and Public Order Act 1994 includes provisions against intimidating and taking revenge on a witness. Additionally, the Serious Organised Crime and Police Act 2005 offer protections for witnesses who are at risk of intimidation.
The impact of witness intimidation can be significant, as it not only affects the individual witness but can also have broader implications for communities. In areas where witness intimidation is prevalent, it can create a culture of silence, with residents fearing retaliation if they cooperate with authorities. This dynamic can make it challenging for law enforcement to gather evidence and bring offenders to justice.
To address witness intimidation, law enforcement agencies employ various strategies, including witness protection programs and proactive police work. By prioritizing the safety and support of witnesses, these measures aim to encourage witnesses to come forward and provide crucial information without fear of reprisal.
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Murder
In the context of a murder investigation, a witness is a person who saw the crime or was a victim of it. Witnesses are crucial in murder cases, as their testimonies provide evidence to set out the facts of the alleged crime and help determine the guilt or innocence of the accused.
In the "Law & Order" episode "Can I Get a Witness?", witnesses play a central role in the investigation of a murder. In the episode, a boy named Henry, also known as "Big Boy," is shot by a man on a bicycle, and two young witnesses, Shayna Rosario and Jimmy Gordon, identify the killer in a lineup. However, they face intimidation and threats, and one of them, Jimmy, is ultimately killed. This highlights the challenges that can arise in obtaining witness testimony in murder cases and the potential risks that witnesses may face.
In real-life murder investigations, witnesses can be subpoenaed, or ordered to attend court, to provide their testimony. They are required to tell the truth and can face contempt of court charges and perjury if they provide false information. Witnesses may also be eligible for witness expense assistance and can receive assistance with travel expenses if they need to attend court in a community outside their home community.
In addition to eyewitnesses, expert witnesses may also play a role in murder cases. For example, in the "Law & Order" episode, the detectives visit an eye doctor to gather information, demonstrating how expert witnesses can provide crucial insights to support the investigation.
Overall, witnesses are a critical component of murder investigations, and their protection and cooperation are essential to ensuring justice is served.
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Grand jury testimony
A grand jury witness is someone who is asked to appear before a grand jury because they may have information or knowledge about a matter under consideration by the grand jury. The role of a grand jury is to investigate evidence to determine if it supports criminal charges against someone.
During an appearance before the grand jury, a witness is required to answer all questions asked, except where the privilege against self-incrimination would apply. A witness may consult with an attorney before testifying, and a lawyer can play a critical role in helping a client prepare for grand jury testimony. For example, a lawyer might be able to learn from the prosecutor what topics the prosecutor expects to cover in the grand jury. Using that information (or even without it), a lawyer can help the client refresh their memory and practice the testimony. A witness can always ask for a break in the testimony and consult with their lawyer outside the grand jury room. However, it is important to note that a witness does not have the right to a lawyer when testifying before a federal grand jury in the United States. The constitutional right to a lawyer comes from the Sixth Amendment, which only guarantees a lawyer in criminal proceedings, usually after a defendant has been indicted or charged with a crime.
Grand jury witnesses are entitled to the same witness fees and travel expenses as all other witnesses. They will receive a $40 witness fee for each day they are required to be in court or attend a pretrial interview, including travel days. All legitimate travel expenses related to the testimony will be reimbursed by the government, and if an overnight stay is required, the witness will also receive a standard per diem to cover food costs.
A witness who refuses to testify after being given immunity can be held in contempt of court by a judge and jailed. A knowingly false answer to any question could be the basis for a prosecution of the witness for perjury, and anything that a grand jury witness says that tends to incriminate themselves may be used against them by the grand jury or later in court.
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Police procedure
When it comes to police procedure and witness statements, there are several key points to consider. Firstly, the police will typically ask a witness to explain what they saw, either in writing or on video, and this forms the witness's statement. The witness will be asked to sign the statement to attest to its truthfulness. It is important to note that a witness does not have the right to have a legal advisor present when giving their statement. However, if a witness has concerns or feels uncomfortable, they can seek free and confidential help from the Witness Service, which provides emotional support and guidance on the court process.
The police officer taking the statement will provide the name and contact information of the officer in charge of the case, and witnesses can reach out to this person at any time with questions or concerns. Witnesses should also inform the police of any dates they are unavailable to attend court, such as planned holidays. The police will be in contact if they require further assistance, such as identifying a suspect or providing evidence in court.
In terms of procedure, the police must follow specific guidelines when obtaining identification evidence, such as video or photograph identification, in accordance with PACE Code D. The witness's description of the suspect should be recorded before any identification procedures are carried out, and this is typically done in the form of a witness statement. If a witness refuses to give a voluntary statement, the police may need to consider compelling a statement under certain legal provisions, but this should be done cautiously as it can impact the admissibility of evidence.
Additionally, there are specific forms and procedures for different types of statements, such as the VPS (Victim Personal Statement), which is separate from other evidential statements and is provided to the defence before the hearing. Overall, witnesses have a crucial role in police investigations and court proceedings, and it is important that their rights and well-being are respected throughout the process.
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Prosecution
A witness is a person who saw a crime or was a victim of a crime. They can be subpoenaed (ordered to attend court) and are called to court to answer questions about a case. The information they give in court is called testimony and is used as evidence to set out the facts of the alleged crime. Witnesses are required to tell the truth when testifying. Lying in court is a crime called perjury, and one can be sentenced to a jail term of up to 14 years. Witnesses have the right to invoke the Fifth Amendment's protections at any time to decline to provide an answer.
Prosecutors should consider, as part of their case strategy, what part of a witness's statement or exhibit is admissible and/or to be relied upon. They may want to consider whether an appropriately edited version of the statement or exhibit should be provided to the defence to ensure clarity as to which parts of the statement are identified as being inadmissible or not relied upon. Prosecutors should also consider carefully which witnesses are required to give oral evidence and only serve the statements of the witnesses they intend to call.
Prosecutors must also ensure that they have sufficient evidence or information to satisfy a court that each of the three conditions has been met for a witness anonymity order. They must consider whether the conditions for making a witness anonymity order are met and if so, whether other statutory provisions or other common law powers would address the risk. The Court of Appeal can discharge or vary a witness anonymity order made in the proceedings that give rise to the appeal. If an order is varied or discharged, the prosecutor must immediately notify the police and the authorizing lawyer.
Prosecutors should note that applications for witness anonymity orders are likely to occur in the Crown Court. Such orders may be made in magistrates' courts, particularly in the youth court where more serious offences are tried. In cases that can be tried in either way, the need for a witness anonymity order is a consideration that may be placed before the court under section 19(3) of the Magistrates' Courts Act 1980 as a reason why a Crown Court trial is more appropriate.
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