Witness Intimidation: The Law's Response

Michael H. Graham argues that to meet the problem of witness intimidation squarely, the system must eliminate the possibility of intimidation by preserving the victim's or eyewitness's testimony in a form admissible at trial. To do this, the legal profession must develop procedures to preserve prior out-of-court statements and to admit such statements as substantive evidence if the witness is deemed sufficiently trustworthy. Finally, Graham advances a new proceeding--the preservation proceeding--that would permit the prosecutor to bring a witness before a judge, magistrate, or specially appointed attorney for the express purpose of recording and preserving the witness's testimony.