Some witnesses who are already in state or federal prison may also eligible for the Witness Security Program if they meet the criteria of the program. In addition to the other conditions of the program, prisoner witnesses are required to take a polygraph test. Entry into the program can be denied depending on the results of the polygraph test. Incarcerated witnesses are managed by the U.S. Federal Bureau of Prisons and often will be transferred to a new prison once in the program to serve the remainder of their sentence. Once out, their case will be re-evaluated to determine if they need to be relocated to a safe city.
Weighing the Risks
The process for enrolling a witness into the program begins when a state or federal law enforcement agency submits a request for protection. A Witness Security Program application is then submitted to the OEO; this application summaries the testimony to be provided, the threat to the witness and any risk the witness may pose to a new community if relocated.
The OEO then arranges for a preliminary interview with the Marshals Service so the witness can find out what to expect from his or her new life in the program. The Marshals Service coordinates the interview directly with the prosecutor or requesting law enforcement agency, which must provide a copy of the application and threat assessment to the Marshals Service. Following the preliminary interview, the Marshals Service makes its recommendation as to whether the prospective witness should be placed in the Witness Security Program. Its recommendation goes to the OEO.
The final authority to enroll a witness into the program belongs to the U.S. Attorney General. The authority of the Attorney General was established as part of the Organized Crime Control Act of 1970 and extended by The Witness Security Reform Act of 1984. Considering recommendations of the Marshals Service and the prosecuting attorneys, the Attorney General (or a person delegated by the Attorney General) creates a written assessment of the risk the witness and his family members might pose to their new community, as many of these witnesses are often criminals themselves. The Attorney General evaluates the following factors regarding each adult considered for protection:
- Criminal records
- Alternatives to witness protection
- Testimony from other potential witnesses
If the value of the witness's testimony outweighs the danger to the new community, the Attorney General can place the witness in the Witness Security Program. The OEO then advises the requesting agency's headquarters of the Attorney General's decision, and the witness and family members must sign a Memorandum of Understanding, verifying they understand the rules of the program.
Entry into the program is only the first step to anonymity. In the next section, you will learn how the Marshals Service creates new identities and finds a new city for protected witnesses.