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Friday, April 19, 2024

Who Are Witnesses And What Are The Rights Of An Eye Witness?

Posted in: Civil Laws
Mon, Dec 14, 20, 11:50, 3 Years ago
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Victims of a crime or other people, who have any knowledge about the crime, often need to testify at a trial or any other court proceedings. The federal criminal justice system can’t operate without the presence of victims or witnesses.

Victims of a crime or other people, who have any knowledge about the crime, often need to testify at a trial or any other court proceedings. The federal criminal justice system can’t operate without the presence of victims or witnesses. The victim or witness needs to give a truthful and cooperating testimony to determine the guilt or innocence of the accused person.

The victim or witness can experience confusion, fear, anger, or even frustration. If you happen to be a witness, then the Victim-Witness program of the United States Attorney’s office will help you to understand the rights you are given by the law.

Who Are Witnesses?

In short words, a witness is a person who has seen a crime with their own eyes. However, the victim of a crime himself can be a witness. Therefore, a witness plays a crucial role in court to distinguish between facts and allegations or claims made by both parties. There exist three types of witnesses: eye witness, expert witness, and character witness.

Eyewitnesses are the people who give their testimony on what they saw during the incident. Often, their testimony proves the facts of the incident.

Character witnesses are people who attest to whether the accused person has good or bad behavior. This witness is summoned when the character of the accused person plays a vital role in the proceedings.

Expert witnesses are summoned when the judge is unable to form a reliable opinion about the case. Often, the opinion of expert witnesses is accepted by the court.

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The Victim-Witness Program

In every United States Attorney’s office, there works at least one Victim-Witness Coordinator or Victim Advocate. The main focus of the Victim-Witness program is to ensure that the federal crime victim or witnesses are treated fairly as well as get privacy. They are also treated with respect and dignity. The main goal of the Victim-Witness Coordinator or the Victim Advocate is to keep the victims informed about the status of the case. They also help the victims to find services that will help them recover from the crime.

Legal Rights of the Victim

Witnesses are treated with extreme priority in the court. Only a witness can help the court to conclude, whether the accused person is innocent or involved in a criminal offense. They also play an important role to bring justice to the victim of the crime.

According to https://www.fbi.gov, under the Crime Victim’s Rights Act (CVRA), 18 U.S.C. section 3771, the following rights will be applied to victims whether they testify as a witness or not.

  • The right to timely, logical, and precise notice of any public court proceeding, or any parole incident, involving the offense or release or escape of the convict.
  • The right to be reasonably protected from the accused.
  • The right to be rationally heard at any public proceeding in the district court involving plea, sentencing, release, or any parole proceeding.
  • The reasonable right to confer with the attorney.
  • The right not to be barred from any such public court proceeding, except the court, after receiving obvious and credible evidence, decides that witness by the victim would be significantly altered if he or she heard other statements at that proceeding.
  • The right to full and appropriate restitution as provided in law.
  • The right to be notified on time of any plea bargain.
  • The right to proceedings free from irrational hindrance.
  • The right to be treated with fairness and with respect for the victim’s distinction and confidentiality.

There’s also a scheme known as Witness Protection Scheme. Without a doubt, acting as a witness is considered a dangerous activity, especially when people want to silence you. Witness protection schemes exist to protect the witness at any cost. However, the federal program is more well-known than the state program.

Conclusion

Victims and witnesses play an essential role in serving justice. They have important responsibilities in the criminal justice system, and truthful statements much expected from them. If you happen to be a victim or witness, everyone in the United States Attorney’s Office will appreciate the time and energy you have contributed.

 

 

 

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