Witness protection

Witness protection is security provided to a threatened person providing testimonial evidence to

the justice system, including defendants and other clients, before, during, and after a trial, usually
by police. While a witness may only require protection until the conclusion of a trial, some witnesses
are provided with a new identity and may live out the rest of their lives under government protection.
Witness protection is usually required in trials against organized crime, where law enforcement sees
a risk for witnesses to be intimidated by colleagues of defendants. It is also used at war crime trials.
What happen if someone go into witness pprotection act

The program has made some limited information available to the public on its
website: It provides 24-hour protection to all witnesses while they are in a
high-threat environment; witnesses receive financial assistance for housing
and subsistence for basic living expenses and medical care; the program also
provides for job training and employment assistance.
How do you qualify for witness protection?
1. organized crime.
2. drug trafficking.
3. any serious federal felony that could result in against a witness.
4. any serious state felony that could result in against a witness, and.
5. any civil or administrative proceeding that could jeopardize a witness's safety.

Type of Protection Measures

As per the provisions of the Victim Protection Scheme, 2018, the magnanimity
of protective measures taken up by the competent authority shall always be
proportional to the threat faced by the witness for the given period of time.
They may include but is not limited to the following:

 To ensure that the accused and the witness are not put up together
during a trial or investigation
 Contacting the telephone company to allot the witness an unlisted
telephone number;
  Giving adequate security to the witness in form of body protection,
regular patrol and by use of security devices such as CCTV, fencing,
security doors in his home;
 Change in identity of the witness and suppressing the original identity;
 Changing the residence of the witness to somewhere else;
 Providing a conveyance in a Government vehicle to and from the court
on the date of hearing;
 To ensure the presence of an additional person at the time of recording
statements of the witness;
 Holding of in-camera trials;
 Using specially designed courtrooms equipped with one way mirrors,
separate passage for the accused and the witness along with options to
modify the face or using voice change mechanisms through software,
of the witness to suppress his identity;  
 Giving timely financial aids for the subsistence of the witness from the
Witness Protection Fund;
 Apart from the above protection measures, other miscellaneous
measures may be taken up at the request of the witness;
Apart from the above protective measures, the witness may ask for himself any
other measures by way of an application forwarded to the Competent
authoriyty.

Witness protection scheme

Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat
assessment and protection measures inter alia include protection/change of identity of witnesses,
their relocation, installation of security devices at the residence of witnesses, usage of specially
designed Court rooms, etc.
The Scheme provides for three categories of witness as per threat perception:
Category 'A': Where the threat extends to life of witness or his family members, during
investigation/trial or thereafter.
Category 'B': Where the threat extends to safety, reputation or property of the witness or his
family members, during the investigation/trial or thereafter.
Category 'C': Where   the   threat   is   moderate   and   extends   to harassment or intimidation of
the witness or his family member's, reputation          or property, during the investigation/trial or
thereafter.
The Scheme provides for a State Witness Protection Fund for meeting the expenses of the
scheme.  This fund shall be operated by the Department/Ministry of Home under State/UT
Government and shall comprise of the following:
i.    Budgetary  allocation  made  in  the  Annual  Budget  by  the State Government;
ii.   Receipt of amount of costs imposed/ ordered to be deposited by the courts/tribunals in the
Witness Protection Fund;
iii.  Donations/ contributions from Philanthropist/ Charitable Institutions/ Organizations   and
individuals permitted by the Government.
iv. Funds contributed under Corporate Social Responsibility.
The Hon’ble Supreme Court of India in its Judgment dated 05.12.2018 in Writ Petition
(Criminal) No. 156 of 2016 has endorsed the Scheme. As per Article 141/142 of the
Constitution, the Witness Protection Scheme, 2018 endorsed in the said Judgment of the
Supreme Court is binding on all Courts within the territory of India and enforceable in all States
and Union Territories.

State Witness Protection Programs

In addition to the federal WITSEC program, some states offer witness
protection services. For example, California's Witness Relocation and
Assistance Program (CalWRAP) provides protection to witnesses in any case
where they might be in danger. State programs, like California's, often provide
protective services when a witness does not otherwise qualify for the federal
program.

For example, in a domestic violence case brought in a state court, the witness
might be a former romantic partner of the accused. Because the case is in
a state court (not a federal court), even if the accused threatens or endangers
the witness, the witness typically won't qualify for the federal WITSEC
program. In such cases, the witness could be provided protective services from
the state witness protection program.

Trail testomoney

While many witnesses fear the task of testifying in court with cross-examination by
aggressive lawyers, testifying in court can be far more pleasant for witnesses who have
prepared for trial.  Indeed, telling the "Truth, Whole Truth and Nothing but the Truth" is not
always as easy as it sounds. Telling our story is much easier without a judge, jury and
lawyers examining our statements and the precise way that we use them. This is
particularly true for those witnesses testifying on their own behalf in criminal cases or in civil
lawsuits. In trial, the witnesses are truly "on stage" and must perform well to convey their
accounts in a credible manner.
Even when you are represented by AV rated trial lawyers with years of courtroom
experience, you must work closely with your attorneys to review the details of your
testimony and to anticipate questions which will arise at trial.  If possible, you and your
lawyer should review many of these questions under trial conditions.  Let your own lawyer
cross-examine you on all aspects of your testimony, grilling you on relevant evidence and
documents, and attacking you with prior statements.  While it may be a bit unsettling to see
your own lawyer playing the "Devil's Advocate, " it is much better to face your demons in
your own lawyer's conference room than to confront tough questions for the first time in the
presence of the judge and jury.
When testifying in court, consider these "Ten Tips for Trial Testimony":
1. Be truthful.

This common sense advice remains the very best recommendation for any witness taking
the stand. When testifying, do not try to "argue" your point, dodge questions to avoid
problem areas, or place any type of "spin" on your version of the facts. Witnesses who do
this leave themselves quite vulnerable to devastating cross examination by attorneys skilled
at emphasizing inconsistencies in testimony. By contrast, witnesses who "tell it like it is" will
be well-received by judges and jurors even if the "whole truth" contains some facts which
may hurt the witness' case. In virtually all testimony, there will be some good and bad points
which will either help or hurt a person's case. Yet, if the overall account is favorable,
witnesses who do not try to "conceal" some harmful facts will help the case far more than
those who slant their story.
2. Listen Carefully to the Question -- and wait until the entire question is asked.

A very common problem in testifying, many witnesses are so anxious to cooperate and to
provide quick answers that they don't wait until the entire question is asked. As a result,
they often answer a different question than the lawyer intended and disrupt the flow and
effectiveness of the questioning. Wait until the lawyer asks the entire question before
starting your answer.
3. Answer Only the Question That Was Asked.

If you listen carefully to the question, you must consider the scope of the question and not
go beyond the issue at hand. Particularly when being cross examined by an opposing
attorney, don't volunteer information that was not asked! This will only assist the opposition
in obtaining additional facts to bury your case or that of your ally. If the answer to a loaded
question on cross examination is "yes" and you feel compelled to volunteer an explanation
which will minimize an unfavorable appearance, remember that your attorney may question
you again to permit the opportunity for such an explanation. By trying to "sneak" the
explanation into your testimony on cross examination, you will look very defensive on the
witness stand and harm your own credibility.
4. Take Your Time -- Think Before Answering Each Question.

There are no points for fast answers. Witnesses who take their time to think about their
answers are perceived as being conscientious and concerned about telling the truth. On the
other hand, if the prosecutor asks whether you killed your wife, you probably don't want to
pause too long!
5. Don't Guess at the Answer -- if you don't know, say you don't know! If you don't
remember, say you don't remember!

Witnesses are not "human computers." Many of us have difficulty remembering what we
had for dinner last night, to say nothing of events which may have occurred months or years
earlier. If you don't know or remember particular facts, do not give your best guess as to the
answer. In the hands of a skilled advocate on the other side, guesswork can provide just the
tool needed to destroy a witness' credibility and leave him limping off of the witness stand
6. Ask for Clarification if you don't understand a question - never attempt to answer a
question that you don't really understand.

Particularly in the anxious and adversarial atmosphere of the courtroom, certain questions
may not make sense or may get lost in the commotion of evidentiary objections. Don't try to
make sense out of the question yourself. If you don't understand a question, ask that it
kindly be repeated or rephrased. Otherwise, you may unwittingly answer the wrong
question, providing the wrong testimony in response.
7. Be Cooperative, But Don't Be Forced into an Inaccurate Answer.

Even when dealing with opposing attorneys, witnesses should be cooperative in answering
questions and should not show antagonism on the stand. However, witnesses who are too
cooperative and give the questioner what she wants to hear may kill their case. Cooperation
and courtesy do not require that you give what the questioner may think is the "correct
answer." Don't be forced into an inaccurate answer on the witness stand
8. Don't Fight with the Questioner or Show Anger or Impatience with the Questioner

Witnesses who display an "attitude" on the stand are letting their emotions interfere with
their own testimony. On the witness stand, keep your emotions in check! Those who fight
with opposing counsel rarely win in the long run. Remember, lawyers are trained to win
such fights and will interpret any uncooperative "attitude" on your part as a sign of
weakness. In fact, some trial lawyers will try to exploit this weakness by asking questions in
an adversarial tone designed to cause witnesses to lose their cool. If need be, count to "ten"
as a way to "cool down" before proceeding with your testimony. If the only person to lose
his cool is the lawyer on the other side, you will score major credibility points with the jury.
9. Be consistent!

When testifying, be consistent with your earlier statements in the case, deposition testimony
or testimony in earlier proceedings. Those who give testimony at odds with their earlier
statements leave themselves vulnerable to attack and may be perceived as lying even
when they simply don't remember relatively minor details. Prepare for the witness stand.
Review your earlier writings, statements and testimony very carefully so that you may testify
in a manner consistent with earlier statements and eliminate such attacks upon your
credibility at trial. If you are testifying on your own behalf in a case, review these statements
and anticipated questions very carefully with your lawyer to eliminate surprises at trial.
10. Try to Relax on the Witness Stand

This advice is easier said than done. But witnesses who appear relaxed and conversational
do much better than those who get frazzled easily. While this is not always easy to
accomplish, witnesses who review the facts of a case very carefully and who "practice" their
testimony with their own attorneys or the attorneys calling them to the stand usually find the
process much less intimidating. These witnesses are then able to look the judge and jury in
the eye and convincingly tell the "truth, whole truth and nothing but the truth."

Role of circumstances evidence in procedding

Circumstantial evidence is used in criminal courts to establish guilt or innocence through

reasoning. They also play an important role in civil courts to establish or or deny liability.

How is circumstantial evidence used in court?

Circumstantial evidence, in law, evidence not drawn from direct observation of a
fact in issue. If a witness testifies that he saw a defendant fire a bullet into the body of
a person who then died, this is direct testimony of material facts in murder, and the only
question is whether the witness is telling the truth.
 An example of circumstantial evidence would be, if police retrieves stolen goods from the house of
a suspect, although it establishes that the suspect has stolen the good but does not necessarily
establish guilty or the fact that he must have stolen the goods. Recovery of goods in the house of a
suspect is a circumstantial evidence as the goods might be placed there by someone else, thus not
establishing complete guilt but forming a chain of events. This would shift the burden of proof on
the suspect to establish his innocence.

In State of Tamil Nadu v. Arunachalam [1992 Cr Lj 3930 (Mad)], the sample of flour was
taken from a grocery store which was not good in quality and the person who was
accused took the plea that it was kept not for human consumption but for pasting
purpose. It was held that it was a special knowledge of the accused and it was for him to
prove such knowledge and having not done so, it could not be said that the burden cast
on him had been successfully discharged.

1. What are some examples of

circumstantial evidence?
Circumstantial proof means evidence that does not directly prove a key fact.
Rather, this type of evidence:

1. proves another fact, and

2. a person can then reasonably conclude that a key fact happened.1
Nia was the victim of a robbery and the police think they caught the robber. At the
defendant’s trial, Nia testifies that she was robbed by a guy wearing a blue t-shirt.
Another witness testifies that he saw the defendant running away from the scene
of the crime wearing a blue shirt. This is all circumstantial proof of the defendant’s
guilt of robbery.

Criminal law does allow prosecutors to convict a defendant using just

circumstantial evidence.

In fact, this proof is not considered to be inherently less reliable than direct proof.
Just like direct proof, a prosecutor can use the former to prove or disprove:

 the elements of a crime,

  the existence or completion of certain acts, and
 the intent or mental state of the defendant.3
As to the latter, note that some crimes require the prosecution to prove that:

1. the defendant committed a certain act, and

2. he did so with specific intent or mental state.
Examples of these offenses are:

 murder, in which the defendant needs to have acted with “malice aforethought,”4 and
 burglary BURGLARY , for which the defendant needs to have intended to commit a felony
or theft.5
For these crimes, a prosecutor can use circumstantial evidence to prove an
accused’s mental state.

Example:ram is caught red-handed trying to break into someone’s house. In

order to convict him of burglary, though, the prosecution needs to show that
he intended to steal items from the house once inside.

The prosecution introduces evidence that ram drove to the house in a rented
moving van. He could have used it to haul away items stolen from the house. The
prosecution also introduces testimony from a friend of ram The friend says that
ram had been talking about desperately needing money.

These two pieces of evidence are circumstantial proof that Daniel intended to

steal from the house after he entered it.

. What are the best defense strategies in

these cases?
There are two smart legal strategies a defense attorney can use when:

1. a prosecutor uses circumstantial proof, and

2. does so as the only proof of guilt.
 The first strategy is for the lawyer to show that:

 the evidence supports reasonable conclusions, and

 these conclusions are separate from a finding of guilt.
 A is charged with criminal trespass for going on b;s property. The
prosecutor supports the charge with testimony from a witness that saw
someone of A shape and size on B,s land. But this testimony comes from
a person with terrible eyesight that was not wearing glasses when HE saw
the figure.
 Here, a defense attorney could urge the D.A. to drop the charge since the
proof of guilt is unreliable. It is inferential proof that comes from a witness
with bad eyesight.`

Conclusion:
Circumstantial Evidence also understood as indirect evidence cannot be assumed to be inferior to
direct evidence. If the aforesaid conditions are fulfilled, conviction can be solely based on
circumstantial evidence without direct evidence. Circumstantial requires a certain level of
corroboration which can be established through the conduct of the accused and surrounding
circumstance. The onus is upon the judiciary to critically analyze the evidence. Circumstantial
Evidence is applied both in civil and criminal matters, however primarily in criminal matters. [xxv]