Interfering with the testimony of a witness is the definition of witness tampering. Witnesses are a very important part of the trial process and the state takes any interference very seriously. Testimony can be used by both the defense and the prosecution and is used in civil as well as criminal cases. Any person deemed to be getting in the way of the judicial process in this manner is liable to be punished by the law.
The reason that testimony from eye witnesses is crucial is because it can provide an indication as to what happened during the moments that led up to a criminal act. Sometimes it’s the only evidence available and the judge and jury have to decide based on someone else’s words. What needs to be remember is that there are several types of witnesses, not just eye witnesses.
Character witnesses will often tell the court about a persons character. They can be either prosecution or defense witnesses. Most people have heard of expert witnesses. Oftentimes they’ll state an opinion or be asked to interpret the evidence. These people usually specialize in a certain fields and will often add a certain amount of technical expertise to a trial.
Tampering is a federal offense which is defined in the statute as involving “a witness, victim, or an informant.” This is because witnesses can sometimes be the only people that can tell us what happened. Therefore, the punishment of up to 20 years in prison, is a severe reminder that the crime is taken seriously.
Tampering, in it’s lesser form, can be one person simply trying to politely convince another to change their evidence or refrain from giving evidence. At it’s most serious, it’s the intimidation of an individual alongside threats to murder them or members of their family.
Usually, an individual that tries to intimidate or bribe a witness into giving false testimony will be charged with multiple violations. Oftentimes this is due to the fact that they are not just trying to tamper. They may also threaten violence or offer to pay them offer. Both of these are individual offences in their own right.
The court system deals with thousands of people each day and it relies on the honesty and truthfulness of people and their evidence. Judges and juries often base their findings on what witnesses say in court. Intimidation is likely to have a severe effect on whether justice is served.
The state looks upon witness tampering very seriously. In almost every case that goes through the courts, there’s someone that stands to gain if a person refuses to give evidence or lies on the stand. Obviously, people can made made to appear at court and give evidence. But if their family is threatened it could be very hard to get them to say anything.
At the law offices of William Alden Mcdaniel Jr, you can find out lots of information about witness tampering program. For all your litigation needs, check out this source at http://mcdaniel-firm.com.