SPECIAL PROBLEMS IN THE TRIAL OF A CASE - RECANTING WITNESSES, HOSTILE WITNESSES, AND THE SUDDEN 'LOSS OF MEMORY WITNESS'

• NCJ Number: 25266
• Journal: Criminal Justice Quarterly Volume: 2 Issue: 2 Dated: (SPRING 1974) Pages: 66-75
• Author(s): L N ARNOLD
• Date Published: 1974
• Length: 7 pages
• Corporate Author: New Jersey Division of Criminal Justice
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE DEALS WITH PRE-TRIAL CORRECTIVE MEASURES IN CASES WHERE A WITNESS MIGHT RECANT, ASSERT THE FIFTH AMENDMENT, OR LOSE HIS MEMORY AND DISCUSSES THE HANDLING OF HOSTILE AND RECANTING WITNESSES AT TRIAL.

Abstract

UNDER NEW JERSEY LAW, RECANTING WITNESSES MAY BE CHARGED (DEPENDING ON THE CIRCUMSTANCES) WITH FILING A FALSE POLICE REPORT, OBSTRUCTING JUSTICE AND/OR PERJURY. USUALLY THE THREAT OF THESE CHARGES WILL CHANGE A WITNESS' DESIRE TO RECANT. IF A WITNESS PLANS TO ASSERT THE FIFTH AMENDMENT AND THE PROSECUTOR FINDS OUT ABOUT IT SOON ENOUGH HE CAN PETITION THE STATE ATTORNEY GENERAL FOR AN IMMUNITY ORDER WHICH ALSO DIRECTS THE WITNESS TO TESTIFY. FOR WITNESSES WHO LOSE THEIR MEMORY BETWEEN GRAND JURY HEARINGS OR PROBABLE CAUSE HEARINGS AND THE TRIAL, THE AUTHOR RECOMMENDS THAT THEIR MEMORY BE REFRESHED WITH REFERENCES TO THE PRIOR HEARING'S TRANSCRIPT.