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         Law & Legal Issues Witness Protection:     more detail
  1. Briefing Paper on Legal Issues and Witness Protection in Criminal Cases (Central Research Unit Papers) by Mark Mackarel, Fiona Raitt, et all 2004-10-04
  2. Protection of Witnesses And Collaborators of Justice-recommendation Rec(2005)9 And Explanatory Memorandum (2005) (Legal Issues) by European Committee On Crime Problems, 2005-12-30

1. Falcone Programme - Witness Protection - A European Challenge
The concept of Bikesafe Scotland as a National, multiagency concern is targeted towards reducing Motorcycle accidents through Education, Encouragement and Enforcement. Representatives from European law enforcement and judicial agencies David Tolbert, Senior legal Advisor with the UN outlined emerging issues concerning witness protection in Europe.
http://www.scottish.police.uk/main/campaigns/falcone/falcone.htm
Falcone Programme
Witness Protection - A European Challenge
Representatives from European law enforcement and judicial agencies aimed to create guidelines on best practice for witness protection practitioners at a major two-day conference organised by the Association of Chief Police Officers (Scotland) at the Scottish Police College, Tulliallan, on Friday 13 October 2000. As well as identifying the recurring and emerging operational problems in witness protection, speakers examined the potential for collaborative training within Member States, informed and influenced those involved in policy development and explored and pursued opportunities for cross-border working arrangements. The conference provided an opportunity to examine the feasibility of forming a European Witness Protection Liaison Group, to oversee the development of all operational issues and to report and advise on matters of witness protection to the European Union Multi-Disciplinary Group on Organised Crime. Mr Graeme Pearson, Assistant Chief Constable (Crime) of Strathclyde Police provided the UK perspective on witness protection, Mr Giancarlo Bianchini and Colonel Antonio Reho from the Italian Central Protection Service discussed the role of witness protection in an investigative strategy. Mr David Tolbert, Senior Legal Advisor with the UN War Crimes Tribunal explored the need for and the practical difficulties associated with international re-locations and Mr Elmar Lillpop, Head of Witness Protection at Bundeskriminalamt, Germany, outlined emerging issues concerning witness protection in Europe.

2. Briefing Paper On Legal Issues And Witness Protection In Criminal Cases - Chapte
BRIEFING PAPER ON legal issues AND witness protection IN CRIMINAL CASES.CHAPTER ELEVEN QUESTIONS ABOUT EXISTING DOMESTIC law. Should
http://www.scotland.gov.uk/cru/kd01/green/briefing-13.htm
BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES
CHAPTER ELEVEN: QUESTIONS ABOUT EXISTING DOMESTIC LAW
  • Should the Crown have a general duty to protect Crown witnesses who are involved in criminal proceedings? Should a similar duty apply to the Defence in relation to Defence witnesses?
Since the Defence can also apply for protective measures under s. 271 it may be that a similar duty to protect witnesses should apply to the Defence. The Code of Conduct for Criminal Work could be amended to include such an obligation.
  • Should there be a broader definition of "vulnerable witness"?
The present statutory definition of "vulnerable witness" places two serious limitations on eligibility for protective measures under the law.
  • Section 271 (12) imposes a two-stage process on applications for special measures to protect witnesses in giving evidence. Only certain narrowly defined persons can be classed as vulnerable under the current statutory provisions. Even if so classified the defence or the prosecution must then persuade the court that there is sufficient cause for protective measures to be applied. The current provisions exclude intimidated witnesses.
  • 3. Briefing Paper On Legal Issues And Witness Protection In Criminal Cases - Front
    A publication of the Scottish Executive BRIEFING PAPER ON legal issues. AND witness protection. IN CRIMINAL CASES. Mark Mackarel, Fiona Raitt and Susan Moody. Department of law, University of Dundee
    http://www.scotland.gov.uk/cru/kd01/green/briefing-00.htm
    BRIEFING PAPER ON LEGAL ISSUES
    AND WITNESS PROTECTION
    IN CRIMINAL CASES Mark Mackarel, Fiona Raitt and Susan Moody Department of Law, University of Dundee The Scottish Executive Central Research Unit 2001

    4. VITAL VOICES - Helping Vulnerable Witnesses Give Evidence: Page 13
    Renewing Mental Health law Policy Statement Scottish Executive 2001. The Same asYou? Briefing Paper on legal issues and witness protection in Criminal
    http://www.scotland.gov.uk/library5/justice/hvwm-13.asp
    9 April 2003
    Home
    About News Publications ... Contents
    VITAL VOICES - Helping Vulnerable Witnesses Give Evidence
    Bibliography
    "Towards a Just Conclusion: Vulnerable and Intimidated Witnesses in Scottish Criminal and Civil Cases" (Scottish Office Consultation Paper) 1998. "Towards a Just Conclusion: An Action Plan" Scottish Executive 2000. Scottish Strategy for Victims Scottish Executive 2001. Scottish Strategy for Victims: Justice Department Action Plan Scottish Executive 2001. Equality Strategy: Working Together for Equality Scottish Executive 2000. "Preventing violence Against Women: A Scottish Office Action Plan" Scottish Office 1998. Scottish Partnership on Domestic Abuse: National Strategy to Address Domestic Abuse in Scotland Scottish Executive 2000. Scottish Partnership on Domestic Abuse: The Report of the Scottish Partnership on Domestic Abuse Scottish Executive 2000. "The Development of the Scottish Partnership on Domestic Abuse and Recent Work in Scotland" Scottish Executive Central Research Unit (Henderson) 2000. "Hitting Home: A Report on the Police Response to Domestic Violence" Scottish Office Home Department: HM Inspectorate of Constabulary (1997) "Justice for Children: The Welfare of Children in the Justice System: Report and Recommendations" Children 1st/ ChildLine/ NCH Scotland 2002.

    5. Briefing Paper On Legal Issues And Witness Protection In Criminal Cases - Chapte
    A Publication of the Scottish Executive BRIEFING PAPER ON legal issues AND witness protection IN CRIMINAL CASES witnesses for protective measures under the law. The protection that is currently offered is discretionary
    http://www.scotland.gov.uk/cru/kd01/green/briefing-12.htm
    BRIEFING PAPER ON LEGAL ISSUES AND WITNESS PROTECTION IN CRIMINAL CASES
    CHAPTER TEN: CONCLUSIONS
    Identification of Gaps in Protection of Witnesses under Domestic Law
    The following key gaps in the legal protection of witnesses have been identified:
  • No express duty on any agency to consider the needs of witnesses for protective measures under the law. The protection that is currently offered is discretionary and may therefore appear arbitrary and unpredictable. The statutory definition of vulnerable witnesses assumes an intrinsic vulnerability relating to the personal characteristics of the witness, and does not take into account vulnerability arising from the criminal incident itself, such as intimidation, the trauma associated with particular offences or the relationship between the accused and the witness.
  • Conformity with Article 6
    The present arrangements in domestic law appear to meet the requirements of a fair trial under Article 6, in particular Article 6 (3) (d). Legal protection of witnesses is governed by s.271, which incorporates verification procedures which meet the current criteria set down in the case law of the European Court. The protective measures do not include any which preclude the defence from testing out the credibility and reliability of the witness. In addition, trial judges, and juries where relevant, have the opportunity to make their own assessment of the witness's credibility and reliability. However, were there to be further developments in the position of witnesses, perhaps through applications to the Court from witnesses themselves under Article 8, it could be that domestic law might be considered as not offering sufficient protection to intimidated witnesses, who are not currently included within the definition of potentially "vulnerable" witnesses.

    6. Profiles Of Women Candidates To The ICC
    protection measures and to conduct witness interviews. on human rights and publicinternational law, child protection rights as well as legal issues relating to
    http://www.iccwomen.org/Elections/CandidateProfiles2.htm
    Profiles of Women Candidates to the ICC
    Barbara Ott (Switzerland)
    is a Major in the Swiss Military and serves as a District Attorney for the Second Division Military Court. As an officer on the staff of Attorney General of the Swiss Army, she is responsible for dealing with war crimes. She has also led investigations relating to the genocide in Rwanda for cases in Rwanda, Belgium, France and Switzerland. She participated as one of four judges in the trial of Fulgence Niyonteze, which was held in Lausanne, Switzerland and was the first trial outside of Africa relating to acts committed during the Rwandan genocide. In 1995, Ms. Ott served on an investigatory mission for the International Criminal Tribunal for Rwanda to help develop investigation strategies, witness protection measures and to conduct witness interviews. Anita Usacka (Latvia) has been a judge on the Constitutional Court of Latvia since 1996. She is also currently a professor at the Department of State Law and an associate professor at the Department for Fundamental Legal Studies at the University of Latvia, where she served as head of the Department for Fundamental Legal Studies from 1989-1996. From 1994-96 she was Executive Director of the Latvian branch UNICEF. She has lectured and written extensively on human rights and public international law, child protection, rights of minorities and women's rights as well as legal issues relating to EU accession. She is a member of the International Women Judges Association and numerous other professional associations.

    7. Keeping The Wolves At Bay Issues And Concerns In Establishing A Issues And Conce
    Publishes legal and business guides for professionals in the medical and legal sectors, including books, audio tapes, and videotapes on cross examination and forensics.
    http://www.wits.ac.za/csvr/papers/papnwhm3.htm

    8. Decision Enacting The Law On Protection Of Witnesses Under Threat And Vulnerable
    was designed with a separate law on witness Affirming that a legal framework allowingfor witness matters, the High Representative hereby issues the following.
    http://www.ohr.int/decisions/judicialrdec/default.asp?content_id=29116

    9. Legal Issues
    Case law Judgements witness protection Act. Bills of importance to the Fraud Investigator (South Africa). Financial Intelligence Centre Bill. Patents Amendment Bill. legal issues
    http://www.fraudinvestigator.co.za/legal_issues.htm
    Home Introduction Services About Us ... Guest Book Legal Most of the Legislation and Bills are in a PDF format. You will need Adobe Acrobat Reader installed on your computer to view it. If you do not have it installed yet then click on the icon below to download it. Case Law - Fraud related (South Africa) Coming soon Supreme Court of Appeal - (UOVS Web site) Supreme Court of Appeal - (Wits Web site) Constitutional Court Labour Court (Wits web site) ... Supreme Court of the USA Legal Articles (South Africa) The views expressed in the articles hereunder are those of the authors thereof and do not necessarily depict the view of Integritas Forensic Investigations CC and itÂ’s staff. Asset seizure, forfeiture and confiscation Competition Law Contracts - restraint of trade Insider Trading ... Intellectual property Legislation Legislation of importance to the Fraud Investigator (South Africa) Auditor General Act Banks Act Banks Amendment Act, No. 36

    10. 8th IACC: Witness Protection Schemes
    Successful law enforcement and anticorruption the concept of legal protection for making disclosures cloud the issues. In traditional witness protection the witness only receives
    http://www.transparency.org/iacc/8th_iacc/papers/feneley.html

    TI-Home
    The Papers
    John Feneley
    Solicitor to the Commission
    Independent Commission Against Corruption
    Sydney, New South Wales
    Australia Part A
    Witness Protection Schemes
    Pitfalls and Best Practice

    Successful law enforcement and anti-corruption strategies are largely dependent upon both tile willingness and availability of individuals to provide information and/or to give evidence. Traditional witness protection focuses on the safety of the witness, however, experience shows that individuals will not be willing or available unless they have confidence that the State will protect their rights as well as their safety. In this Part of my paper I propose to discuss witness protection in the context of two Australian legislative measures which could help build this confidence. The first legislative measure is concerned with that group of people commonly referred to as whistleblowers and the second is concerned with traditional witness protection. I also propose to discuss some of the pitfalls or difficulties which can arise in spite of the legislation and/or because of it.
    Wistleblower Legislation In the public sector in New South Wales (NSW) the Protected Disclosures Act 1994 (PDA), sometimes known as the Whistleblowers Act, provides a legislative scheme to give limited protection to public servants who come forward in good faith with information about corruption, maladministration, or serious and substantial waste in the public sector.

    11. ADULT PROTECTION COORDINATING COUNCIL
    public awareness, care issues, coordination and legal issues. law enforcement caninvestigate in either setting. adult subject or a witness, and obstructing or
    http://www.dhhs.state.sc.us/boardsandcommittees/adult_protection_coordinating_co
    Adult Protection Coordinating Council History In 1990, a group of concerned individuals presented testimony at the Joint Legislative Committee on Aging Public Hearing regarding the depth of concern about the adult protection system in our state. As a result of this testimony, a Joint Resolution was sponsored by the Joint Legislative Committee on Aging mandating that the South Carolina Long Term Care Council convene an Advisory Committee on Adult Abuse, Neglect and Exploitation. On April 24, 1991, Governor Carroll A. Campbell, Jr., signed the Joint Resolution into law. The Long Term Care Council convened the required Advisory Committee which identified the problem areas in the adult protection system and made comprehensive recommendations to improve the system in the areas of training, employment issues, advocacy, public awareness, care issues, coordination and legal issues. The Advisory Committee then completed the development of the Omnibus Adult Protection Act. It was signed into law by Governor Campbell on June 11, 1993

    12. Protection Project
    law Collection The protection Project has collected as domestic legislation thataddress issues of trafficking Comparative legal Charts Charts comparing the
    http://www.sais-jhu.edu/protectionproject/
    The Protection Project is a legal human rights research institute based at Johns Hopkins University School of Advanced International Studies in Washington, DC. The Project documents and disseminates information about the scope of the problem of trafficking in persons worldwide, with a focus on national and international laws, legal cases, scope of the problem and implications of trafficking in other areas of US and international foreign policy. The Protection Project staff has collected the criminal laws concerning trafficking for the purpose of commercial sexual exploitation from over 190 countries. The Project has analyzed these laws and their adequacy in addressing the various issues of trafficking in persons, including the prevention of trafficking acts and the protection of trafficking victims. The Project has also documented the immigration laws of most countries for the purposes of examining the immigration status of the trafficked person and the assistance provided to victims of trafficking.

    13. Law.com - Pennsylvania
    the Child Online protection Act unconstitutional, finding Business law. Treating the Administrative Expense Claim. The legal Intelligencer and jurisdictional issues, it may also
    http://www.palawnet.com/
    document.write("" + month); document.write(myweekday + ", " + year + " ");
    State/Province AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MI MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY AL BC MB NB NF NT NS ON PE QC SK YT SelectPractice Administrative Admiralty Law Agricultural Antitrust Appellate Prac Aviation Law Banking Law Bankruptcy Business Law Civil Rights Commercial Law Communications Constitutional Construction Contracts Corporate Law Criminal Law DebtorCreditor Education Law Elder Law Election Law Eminent Domain Employee Benef Energy Entertainment Environmental Family Law Finance Government Govt. Contracts Health Care Immigration Indians/Native Insurance Intell. Prop. International Intl. Trade Investments Labor/Employ Legal Malprac. Litigation Media Law Medical Mal. Mergers/Acqs. Military Law Nat. Resources OSHA Personal Inj. Products Liab Prof Liability Real Estate Securities Taxation Tech/Science Toxic Torts Transportation Trusts/Estates Wills/Probate Workers Comp. Zoning/LandUse
    Chesco: Plaque Has
    'Historic Value'

    The Legal Intelligencer
    Arguing that it should be protected as a "historic artifact," lawyers for Chester County yesterday urged a federal appeals court to overturn a ruling that ordered the county to take down a bronze plaque of the Ten Commandments that has hung on the east wall of the county courthouse for more than 80 years.

    14. Albany Law School: Adjunct Faculty
    District of New York and Vermont witness Examination Skills Albany Medical College,Albany, NY legal issues in Medicine. of Health, Albany, NY Public Health law.
    http://www.als.edu/faculty/editor.cfm?ID=321

    15. Incorporating Domestic Violence Legal Issues Into Law School Curricula
    of what to do if a primary witness, such as competitions, instructors often look forlegal issues which are complex enough to engage law students' interest
    http://www.ojp.usdoj.gov/ovc/publications/infores/etedv/incorp.htm
    Domestic Violence Legal Issues Should be Incorporated Throughout Law School Curricula
    Domestic violence legal issues should be incorporated into law school curricula as a core component of legal education. It may be easy to understand the benefits of raising these issues in clinical programs, which train students to represent or assist victims in the community. A more subtle need, however, is to alert lawyers to the ways in which domestic violence issues crop up in seemingly unrelated fields of law. Lawyers who practice any kind of family, criminal, tort, financial (including wills, trusts and estates, and tax law) or poverty law are likely to have cases complicated by domestic violence. Understanding how to spot domestic violence issues will assist lawyers to represent clients properly. Therefore, these issues must be raised not only in specialized clinics, but also throughout the curricula. Domestic Violence Legal Issues Should Be Raised in Core Curriculum Courses
    Historically, domestic violence issues have not been raised in law school courses or addressed in mainstream legal journals. Traditional law school textbooks do not include domestic violence issues, and many law school professors do not incorporate domestic violence issues into their courses. Failure to address these issues penalizes all students. Regardless of the professional track a student chooses, it is likely that he or she will be faced with legal problems related to domestic violence as a practicing attorney. Since all students will benefit from an understanding of domestic violence issues, it is necessary to incorporate these issues into core curriculum courses.

    16. DRM: Newstand - Publications
    02Accountant Liability issues Expert witness Liability. Update March 2000 VermontLegal issues for Banks Education law Children's Internet protection Act;
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    17. Protection From Abuse:
    protection From Abuse client education page. About Maine's protection From Abuse law as well as links Category Society issues Violence and Abuse Family Violence...... You will have to contact the local law enforcement office by agreement, it carriesthe same legal weight as so the judge can decide the issues you disagree on.
    http://www.ptla.org/pfa.htm
    Home
    Links Legal Help Court Forms ... PTLA Offices
    Protection from Abuse:
    How the Law Works in Maine
    CONTENTS
    CAUTION: You may want to read the American Bar Association's warning:
    How An Abuser Can Discover Your Internet Activities.
    What is a Protection from Abuse Order?
    What if I am being abused by someone outside my home?

    What if my child is being abused?
    ...
    Click here
    to get a printer-friendly .pdf pamphlet version. If you need help, click here Do I have to go to the hearing?
    How do I prepare for the hearing?

    What happens at the hearing?
    ... Links to Agencies providing help
    What is a Protection from Abuse Order? This is an Order you can get from the Court to protect you from being abused by someone you live with.
    What if I am being abused by someone outside my home? There are two kinds of orders. You can get a Protection from Abuse Order against:
    • your spouse or ex-spouse someone who you live with or used to live with your current or former sexual partner someone you are related to by blood or marriage
    If you need protection against anyone else, like a neighbor or co-worker, you can ask for a

    18. Frieder Seminar: "Legal Issues And The Protection Of Software" (March 15, 1995)
    in their field, and come from legal, industrial, academic is not familiar with intellectualproperty law, but is have ample time to discuss the issues and to
    http://www.atip.or.jp/ts/frieder.html
    ATIP TECHNOLOGY SEMINAR
    "Legal Issues and the Protection of Software"
    Prof. Gideon Frieder
    Dean and A. James Clark Professor
    School of Engineering and Applied Science
    George Washington University
    Time and Date: 4PM, Wednesday, 15 March 1995
    Location: Tokyo ATIP offices
    6-15-21 Roppongi, Harks Roppongi Bldg. 1F Minato-ku, Tokyo 106
    tel. 03-5411-6670 fax 03-5411-6671
    ABSTRACT
    Biographical Sketch
    Return to ATIP Seminars Search Seminars Return to ATIP Home Page ATIP Web Administration www-admin@atip.org

    19. CUA Columbus School Of Law
    idea and doctrine, and a powerful and clear witness about the law and Religion.Raymond B. Marcin, Professor Current legal issues within the Catholic Church.
    http://law.cua.edu/fac_staff/FacultyExperts.cfm
    Quick Navigation Academic Calendar Admissions Application Calendar of Events Clinical Programs Computer Services Course Schedules Financial Aid Institutes Law Library Legal Career Services CUA Links CUA Home President Admissions CUA Athletics Campus Ministry Home@CUA Web Mail Phone Book Cardinal Students Mullen Library Public Affairs Summer Sessions Alumni Welcome From the Dean Academic Programs and Institutes CUA Law - A Legacy of
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    ... Contact Us CUA Law Faculty Experts Deans Full-Time Faculty Part-Time Faculty Faculty Experts ... Phone/E-mail Search CUA Law faculty have produced more than a century of scholarship, making a positive difference in the lives of our students, and the countless lives they in turn affect by taking up other people's burdens. Our faculty intend to have an impact upon legislative reform, judicial construction, executive policy, or the scope of legal knowledge generally within a particular sub-discipline. The scholarly tradition of Catholic University's law school is effective in the communication of complex idea and doctrine, and a powerful and clear witness about the ultimate things that really count. To access faculty profiles and publications, just click on the faculty member's name. Administrative Law William F. Fox, Jr.

    20. TheExpert Witness And Consultant Reading Room
    Area for much more on Medical Experts, Malpractice issues, etc Index The ReferenceRoom Dozens of legal Topic Areas the net's best law Dictionary The
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