Even if earlier jail calls were not monitored, it may be prudent to monitor jail calls and jail visits at this stage. * Monitor Jail Calls and Jail Visits: As the hearings and trial approach, the defendant may be more focused on preventing the witness from testifying. If there is new information about witness intimidation, seek additional protective orders to limit, delay or prevent disclosure of information that may jeopardize a witness' safety. * Information Disclosed to the Defense: Do a thorough review of any paperwork or recordings that will be disclosed to the defense prior to trial to make sure they are properly redacted. Be particularly vigilant if the witness stops returning phone calls or emails or is unresponsive to other methods of communication. Keeping in touch with the witness during the pendency of the case, which in some instances could be months or years, will provide valuable insights about the witness's safety needs and his or her willingness to cooperate. Make sure that the witness has support from the office victim advocate, social services or other community groups, where needed. * Re-Evaluate Witness Safety: Assess the witness's current situation at home and at work to determine if the witness is safe. Below is a list of strategies that should be considered as the hearings and trial approach. Keeping witnesses safe at this stage of the proceeding requires careful, advanced planning. This is also a time when the witness and the defendant and his family are all in the same place-the courthouse. The greatest risk of intimidation for a witness may occur during or immediately before hearings and trial, when the consequences for the defendant are most apparent and looming. For the sake of convenience, victims and witnesses will be referred to collectively as "witnesses." (*) Additionally, although legal references are provided in the footnotes, this is not intended to be a comprehensive legal analysis. This outline focuses on victims and witnesses of violent crime it does not address specific issues that are raised in family violence cases or sexual assaults. Though witness intimidation is an insidious problem, there are strategies throughout the investigation and prosecution of a case that can help to keep a witness safe and reduce the impact of intimidation. It has a variety of consequences from the silencing of an entire community, to the murder of a witness, to the recantation of truthful testimony. WITNESS INTIMIDATION AND WITNESS TAMPERING can occur in any case, from simple misdemeanors to homicides.
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