Protected & Collaborating Witnesses

1. Protected & Collaborating Witnesses

2. Theory of the Dislocation of Organized Crime • Investigation of Organized Crime cases can apply • The theorem Falcone-Buscetta • Collation and exchange of information • Go from down to up in the organization’s structure

3. How does the dislocation work? Organization’s Head

4. Who Collaborates? • They are necessarily criminals or associates. • They have usually committed crimes, including violent ones • But: They are the only ones that know about the organization • Giovanni Falcone: “I would like to have Mother Theresa of Calcutta as collaborating witness” (Unfortunately she did not know anything about criminal activities)

5. Collaborating Witness or beneficiary To belong to a Criminal Organization or to be associated to it To collaborate effectively To obtain a benefit (reduction of sentence or immunity) for information, in order to : Know Arrest Try and condemn Dislocate the organization Protection of Witnesses System use to protect witnesses threatened and intimidated by the Criminal Organization Differences

6. Collaborating Witness • Different Cases : • Not prosecuted • Under investigation • Under trial • Sentenced to jail

7. What are they looking for? • Immunity • No to be tried for crimes committed • Benefits for Collaboration • Obtain a lower sentence • Reduce his/her actual sentence • Protect his/her life and the life of his/her family

8. Immunity • Problems: • In Continental Law : • Obligation of the Criminal Action • Liability of the criminal behavior • The retributive function of the sentence & the attention to victims • In Common Law : • The retributive function of the sentence & the attention to victims • Immunity must be an exception (Principle of subsidiarity)

9. The Plea Bargain in U.S. Law • Negotiation between the Attorney Office and the defendant to obtain a plea of guilty about some crimes, in order not to be charged with other ones (subject to judicial authorization) • Reason to accept it : • to knock down the impunity • to make economy • In practice between 80% and 90% of the cases in the U.S. are applying Plea Bargain • The Criminal Justice System can work with higher standards

10. When is the Immunity Justified? • When there is a correlation between the forgiven crimes and the information offered • In cases of violent crimes, the immunity will most probably not be granted

11. Collaborating Witnesses • Obtaining Benefits : • A less important sentence or a reduction of sentence • The people who will be sentenced, foresee limited sentence. • Example: Sentenced to 20 years imprisonment with already 6 years spent in jail. Could go out immediately. • Problems with people not sentenced yet (Mexico) Lawyers tend to say that they can set them free

12. Reasons for a Witness to Collaborate • Get out of prison • Reduce the sentence • Protection • To avoid criminal charges against a beloved one • They are always personal uncertain reasons to testify (Ex. Hate, resentment, revenge)

13. Problems of the Negotiation • Trust in the person that will testify • To write a Negotiation Agreement

14. Examination • Distinguish among: • What he/she saw could be verified (including with a polygrapher) • What he/she heard, could be the truth but might have nothing to do with the facts involved in the investigation • What he/she interpreted

15. Remember • The witnesses know about many criminal facts • Sometimes they mix facts • It is necessary to analyze the particularities of each case • Witnesses tend to exaggerate the power of their own criminal organizations