Children in Witness Protection
DRAFT
WHO WILL PROTECT THE CHILDREN? THE UNTOLD STORY OF UNACCOMPANIED MINORS IN WITNESS PROTECTION PROGRAMS1 Michal Gilad*
Abstract Witness protection programs originated in the 80’s to protect middle-aged Mafia affiliated witnesses. However, over the last decade, a new generation of witnesses emerged. They are youthful, risk taking and vulnerable to intimidation. They are also vital for the effective prosecution of modern forms of crime involving a subculture of juveniles, which adults find impossible to infiltrate. This article peeks into the secretive world of witness protection to identify the unique challenges associated with the protection of unaccompanied minor witnesses. It provides an in-depth interdisciplinary analysis of the legal, social, psychological and developmental factors that affect the protection of adolescents. Based on this analysis the article offers practical recommendations to enhance the effectiveness of the protection of this distinct group, in order to assure their security and aid law-enforcement and prosecution agencies in promoting public safety.
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The article is due for publication in WHITTIER J. CHILD & FAM. ADVOC. (forthcoming 2012).
* An AAWU International Fellow. Obtained an L.L.M from the University of Pennsylvania Law School, and an L.L.B from Tel-Aviv University Buchmann Faculty of Law.
Electronic copy available at: http://ssrn.com/abstract=2171419
The Untold Story of Unaccompanied Minors in Witness Protection Programs
Table of Contents I. Introduction ....................................................................................................................... 3 II. The use of juvenile as witnesses and the necessity to protect them .................................. 6 III. Witness protection programs and their effect on participants .......................................... 9 IV. The special needs of minors and their influence on the ability to protect them.............. 11 V. Legal Analysis
WHO WILL PROTECT THE CHILDREN? THE UNTOLD STORY OF UNACCOMPANIED MINORS IN WITNESS PROTECTION PROGRAMS1 Michal Gilad*
Abstract Witness protection programs originated in the 80’s to protect middle-aged Mafia affiliated witnesses. However, over the last decade, a new generation of witnesses emerged. They are youthful, risk taking and vulnerable to intimidation. They are also vital for the effective prosecution of modern forms of crime involving a subculture of juveniles, which adults find impossible to infiltrate. This article peeks into the secretive world of witness protection to identify the unique challenges associated with the protection of unaccompanied minor witnesses. It provides an in-depth interdisciplinary analysis of the legal, social, psychological and developmental factors that affect the protection of adolescents. Based on this analysis the article offers practical recommendations to enhance the effectiveness of the protection of this distinct group, in order to assure their security and aid law-enforcement and prosecution agencies in promoting public safety.
1
The article is due for publication in WHITTIER J. CHILD & FAM. ADVOC. (forthcoming 2012).
* An AAWU International Fellow. Obtained an L.L.M from the University of Pennsylvania Law School, and an L.L.B from Tel-Aviv University Buchmann Faculty of Law.
Electronic copy available at: http://ssrn.com/abstract=2171419
The Untold Story of Unaccompanied Minors in Witness Protection Programs
Table of Contents I. Introduction ....................................................................................................................... 3 II. The use of juvenile as witnesses and the necessity to protect them .................................. 6 III. Witness protection programs and their effect on participants .......................................... 9 IV. The special needs of minors and their influence on the ability to protect them.............. 11 V. Legal Analysis