Telling the Whole Truth and Nothing but the Truth about Courtroom Intimidation
February 2023 | Allison Hardy (Staff Writer and Editor)
In United States v. Edgar Ray Killen (2007), Edgar Killen, a former Ku Klux Klan leader, was charged with the murder of three civil rights workers in Mississippi in 1964. One of the witnesses in the case, Louis Allen, was brutally murdered before he could testify in trial. Killen was eventually convicted of three counts of manslaughter in 2005. In Justice Dickinson’s opinion, he wrote, “The Klan's official policy, which was openly discussed at Klan meetings, was to use whatever force necessary — including harassment, intimidation, physical abuse, and even murder — to maintain racial and social segregation in Mississippi.” [1] This case is a tragic example of the lengths some individuals or groups are willing to go to in order to silence witnesses and maintain their power and control. Cases such as United States v. Edgar Ray Killen (2007) serve as a reminder of the challenges and risks involved in seeking justice. This case is crucial to the government because it highlighted the very serious consequences of witness intimidation. It also demonstrated the government's commitment to pursuing and prosecuting organized crime and set a precedent for the government's handling of similar cases.
18 U.S. Code § 1512 constitutes a broad prohibition against tampering with a witness, victim, or informant in Federal proceedings. [2] It applies to proceedings before Congress, executive departments, and administrative agencies, as well as civil and criminal judicial proceedings. The penalties for violating 18 U.S. Code § 1512 can be substantial, including fines and imprisonment for up to 20 years, depending on the specific circumstances of the offense. [3] The effectiveness of these penalties depend on their consistent enforcement and application in every case.
Witness intimidation is but one aspect of a larger set of problems related to protecting crime victims and witnesses from further harm. Related crimes include domestic violence, acquaintance rape, stalking, exploitation of trafficked women, gun violence, gang-related crime, bullying in schools, drug trafficking and organized crime. [4] To prove that the lack of witness protection is directly affecting justice, in 2021, only about 45.6 percent of violent crimes were reported to police. Furthermore, small-scale studies and surveys of police and prosecutors suggest that witness intimidation is not only highly pervasive, but rapidly increasing. For example, a study of witnesses appearing in criminal courts in Bronx County, New York revealed that 36 percent of witnesses had been directly threatened. [5] Among those who had not been threatened directly, 57 percent feared reprisals. [6] According to the NYU Dispatch, detectives often made “minimal to no effort to locate, identify, interrogate, or investigate suspects,” leading victims to believe the effort and trauma involved in reporting a rape would all eventuate to nothing due to the “lax approach” of police officers, [7] which is the exact reason so many crimes remain unreported.
To this day, witnesses and victims in many communities are still deprived of the opportunity to testify the truth, the whole truth, and nothing but the truth. That said, the U.S. government has policies in place that claim to protect victims and key witnesses from being subjected to intimidation in and out of the courtroom. These policies include witness protection programs, restraining orders, and other measures designed to ensure the safety and security of witnesses to prevent them from being subjected to retaliation or intimidation. In some cases, witnesses may be placed in witness protection programs, where they are relocated to a different location and given a new identity to keep them safe. Additionally, the court can also order a restraining order against the individual who is intimidating the witness. In extreme cases, law enforcement officers may provide 24-hour protection to high-risk witnesses. What other options are available to witnesses experiencing courtroom intimidation?
Victims can contact the police, reach out to a support group, report the retaliation to the court, gain a restraining order, and/or cooperate with the prosecution to build a case against the person who is intimidating them. Speaking up about intimidation can be a difficult process, but it is important for victims to know that they have the right to protection and that there are people and resources available to help keep them safe. Additionally, it is crucial for victims and witnesses to understand that their cooperation within the criminal justice system can play a vital role in holding their perpetrators accountable and stopping further crimes from being committed. Specific measures taken to protect a victim or witness depend on the individual circumstances of each case, but should there be more drastic consequences to deter criminals from undermining the justice system?
Courts should be working with victims from the beginning of a case to inform and ensure their protection in exchange for their full cooperation, such as informing the court of any injustices. Many victims do not know or think they can speak up when someone threatens them. If the court informs victims of their right to speak freely if they experience courtroom intimidation, it will establish a sense of trust. Although there should be a higher penalty in place to deter ruthless criminals from sabotaging the justice system, the government has many protections available to witnesses and victims to uphold the integrity of the court. Hopefully, the government will soon recognize that if over half of violent crimes in this country are going unreported that it will only lead to even more injustice in the American justice system.
Sources
Dickinson, Justice. “Killen v. State.” Legal research tools from Casetext, June 28, 2007.
“1729. Protection of Government Processes -- Tampering with Victims, Witnesses, or Informants -- 18 U.S.C. 1512.” The United States Department of Justice, January 17, 2020.
Ibid.
“Witness Intimidation.” ASU Center for Problem-Oriented Policing, December 1, 2022.
Ibid.
Ibid.
Dispatch. “Why Do So Many Crimes Go by Unreported in the States?” The NYU Dispatch, 31 Aug. 2018,