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Extractions: BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES There is little explicit acknowledgement in domestic law of the potential conflict between the rights of the accused and the position of witnesses. It is doubtless assumed that the latter, as part of the criminal justice process, are afforded adequate protection by the police pre- and post-trial, and by the bench (and possibly the Crown) during the trial. However where such protection is forthcoming it is at the discretion of one or more of those agencies. The lack of guidelines, whether in statutory form or as a code of practice, leads to a variable and necessarily uncertain level of protection which is unsatisfactory. In European Law all of the case law involves accused persons as applicants and the focus is on their rights under Article 6 generally and Article 6 (3) (d) in particular, which requires "equality of arms" between the prosecution and the defence in relation to the attendance and examination of witnesses. Witnesses are given no rights under Article 6 and neither are complainers, whether witnesses or not. Article 6 is concerned only with persons accused of crimes. However, as already indicated above, some attempts have been made in the case law to acknowledge the vulnerability of particular witnesses and their need for protection in particular kinds of crime. Case law illustrates the overriding general principle that the accused should have "the right of confrontation" but also that such right is subject to some modification in certain circumstances. In particular, certain categories of witness, as outlined in the European cases already noted, may attract anonymity or other protective legal measures.
Extractions: BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES a) In domestic law: No definition of witness is provided in domestic law, though the duties and obligations required of witnesses can be inferred from statute, for example ss.155 and 291 of the Criminal Procedure (Scotland) Act 1995, and from the common law, as, for instance in the case of HMA v. Monson (1893) 21 R(J) 5. A co-accused is a competent but not compellable witness for another co-accused. In terms of s.266(9) a co-accused may consent to be called as a witness for the accused or may when giving evidence be cross-examined by the accused. Co-accused become compellable witnesses for both the Crown and Defence if they enter a plea of guilty or have been acquitted or the case against them has been deserted (s.266(10)). b) In European Law: No definition of witness is provided in the Convention but case law gives the term a broad definition, describing it as an "autonomous concept" (see Kostovski, Isgrò
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Extractions: A Critical Analysis of Key Aspects Hitherto Ignored In Indian Law Written By :Suprio Bose, IInd Year, BA LLB.Symbiosis Law College, Pune. The role of a witness is paramount in the criminal justice system of any country. According to Bentham, witnesses are the " eyes and ears of justice ". In the words of Wadhwa, J Given the importance of witnesses in the trial process, any law, aimed at redressing the problem of "hostile witness", should be comprehensive, with a view to eradicate the menace. The Article firstly analyzes the purpose behind the coinage of the term 'hostility' and thereafter discusses certain issues, critical to the framing of such laws. Analysis Of The Term "Hostile"
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Extractions: Don't slay the bearer of bad news. That's the message Congress sent companies when it finally hammered out a law last summer to curtail corporate misconduct. While the Sarbanes-Oxley Act of 2002 got plenty of media attention, chances are you haven't heard about this provision protecting whistle-blowers, which applies not only to publicly held companies, but also to those who advise them. Corporate scandals and the Time Persons of the Year brought whistle-blowers into the limelight, but the need for you to pay attention to their rights will continue long after the attention has died down. Suppose an employee suspects his or her company is playing fast and loose with its financial reports. Being an upright citizen, he or she reports those suspicions to the federal government. The supervisor catches wind of this and fires the employee. Under the new provisions, that supervisor and company officers could face criminal fines or even jail time for such an action. It doesn't matter whether the employee's suspicions were correct; the key is reasonable belief that there are federal fraud violations.
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